Terms Used In Tennessee Code > Title 4 > Chapter 21 - Human Rights

• Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Advance directive: means an individual instruction or a written statement relating to the subsequent provision of health care for the individual, including, but not limited to, a living will or a durable power of attorney for health care. See Tennessee Code 68-11-1802
• 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.
• Agent: means an individual designated in an advance directive for health care to make a health care decision for the individual granting the power. See Tennessee Code 68-11-1802
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• 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.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant county: means any county that applies to participate in the program. See Tennessee Code 41-8-103
• Appraisal: A determination of property value.
• 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
• Area: means an area of land or water, or both, whether in public or private ownership, which has scenic, natural, or scientific values. See Tennessee Code 11-14-103
• Arrest: Taking physical custody of a person by lawful authority.
• Assessed value: means value as assessed for municipal property tax purposes. See Tennessee Code 7-84-503
• Assessed value: means value as assessed for municipal property tax purposes. See Tennessee Code 7-84-603
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
• 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.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Board: means the board for licensing health care facilities. See Tennessee Code 68-11-2101
• board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
• Board: means the board of assessment commissioners. See Tennessee Code 7-84-103
• Board: means the board for licensing healthcare facilities. See Tennessee Code 68-11-1602
• Board: means the board of control of the Tennessee corrections institute. See Tennessee Code 41-7-101
• Board: means the board of parole. See Tennessee Code 41-10-101
• Capable of providing neuroendovascular treatment: means the capacity to:
  (A) Properly assess, diagnose using advanced imaging devices, and treat stroke patients with complex cases of ischemic stroke, including emergent large vessel occlusion causing the loss of blood supply to a part of the brain and requiring immediate treatment at a facility with a trained team of neurointerventional surgeons, vascular neurologists, and assisting medical personnel. See Tennessee Code 68-11-2101
• Capacity: means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health care decision. See Tennessee Code 68-11-1802
• central business improvement district: means the central business improvement district created by the establishment ordinance of the municipality. See Tennessee Code 7-84-503
• Central procurement office: means the government agency established in §. See Tennessee Code 12-3-201
• Certificate of need: means a permit granted by the health facilities commission to a person for those services specified as requiring a certificate of need under §. See Tennessee Code 68-11-1602
• Certified: refers to whether any jail, workhouse or penal farm facility has been found to have met the minimum standards for local correctional facilities as provided for in §. See Tennessee Code 41-8-103
• Chair: means the chair of the board of parole. See Tennessee Code 41-10-101
• Chambers: A judge's office.
• Charter: means a document containing a unified government structure, pursuant to this chapter, that constitutes the fundamental law of the unified government. See Tennessee Code 7-21-104
• Chief procurement officer: means the person holding the position established in §. See Tennessee Code 12-3-201
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commission: means the health facilities commission. See Tennessee Code 68-11-2301
• Commission: means the Tennessee human rights commission. See Tennessee Code 4-21-102
• Commission: means the procurement commission. See Tennessee Code 12-2-402
• Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
• Commissioner: means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-14-302
• Commissioner: means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-14-502
• Commissioner: means the commissioner of environment and conservation. See Tennessee Code 11-14-103
• Commissioner: means the commissioner of environment and conservation. See Tennessee Code 11-24-201
• Commissioner: means the commissioner of general services. See Tennessee Code 12-2-402
• Commissioner: means the commissioner of correction or the commissioner's designee. See Tennessee Code 41-8-103
• Commissioner: means the commissioner of correction. See Tennessee Code 41-10-101
• Committee: means the state protest committee as established in §. See Tennessee Code 12-3-201
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means any duly authorized and legally binding written agreement for the procurement of goods and services. See Tennessee Code 12-3-201
• Controlling person: means :
  (A) A business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a temporary healthcare staffing agency. See Tennessee Code 68-11-2301
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Correctional personnel: means all correctional officers, dormitory supervisor counselors, both adult and juvenile, and chaplains employed in municipal, county and metropolitan jurisdictions. See Tennessee Code 41-7-101
• Council: means the advisory council on state procurement established in §. See Tennessee Code 12-3-201
• Countermeasure: means a vaccine or the component parts used in the design, development, clinical testing or investigation or manufacture of a vaccine, including seed stocks, cell lines and plasmids, used to diagnose, mitigate, prevent, treat, cure or otherwise limit the harm of an infectious disease that is:
  (A) Approved or cleared under Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U. See Tennessee Code 68-11-1901
• County: means any county whose voters have adopted a county charter government. See Tennessee Code 7-21-104
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• County official: means a county clerk, a clerk of a circuit court, a criminal court, or a probate court, a clerk and master of a chancery court, a clerk of a general sessions court where such general sessions court has an independent clerk who serves such court only, a register of deeds, a county trustee, a sheriff, a county road superintendent elected by a county legislative body, by a county road commission or commissioners, or by popular vote, and an assessor of property, any county commissioner elected by popular vote, serving in a county having a county commission form of government. See Tennessee Code 8-34-101
• Covered compensation: means , with respect to any calendar year, the amount of a member's earnable compensation subject to contributions under the Federal Insurance Contributions Act (26 U. See Tennessee Code 8-34-101
• Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
• Critical items: means those aspects of operation or conditions of facilities or equipment that, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. See Tennessee Code 68-14-302
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data: means any recorded information, regardless of its form or characteristic. See Tennessee Code 12-3-201
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of health. See Tennessee Code 68-11-2101
• Department: means the department of health. See Tennessee Code 68-14-302
• Department: means the department of health. See Tennessee Code 68-14-502
• Department: means the department of environment and conservation. See Tennessee Code 11-14-103
• Department: means the department of health. See Tennessee Code 68-11-1401
• Department: means the department of health. See Tennessee Code 68-11-1602
• Department: means the department of correction. See Tennessee Code 41-10-101
• 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 physician: means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes such responsibility. See Tennessee Code 68-11-1802
• detention: includes the duties of employees assigned to guard individuals incarcerated in any penal institution. See Tennessee Code 4-21-407
• Devise: To gift property by will.
• Direct interest: means a pecuniary interest in the persons involved in a matter before the commission, and applies to the commission member or employee, the commission member's or employee's relatives, or an individual with whom or business in which the member or employee has a pecuniary interest. See Tennessee Code 68-11-1602
• Disability: means , with respect to a person:
  (i) A physical or mental impairment that substantially limits one (1) or more of such person's major life activities. See Tennessee Code 4-21-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Discriminatory practices: means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, creed, color, religion, sex, age or national origin. See Tennessee Code 4-21-102
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• District: means the central business district created by ordinance or resolution by a municipality, or a corridor of central business districts created by joint agreement of two (2) or more municipalities. See Tennessee Code 7-84-103
• District management corporation: means the board or organization created or appointed pursuant to §. See Tennessee Code 7-84-503
• District management corporation: means the board or organization created or appointed pursuant to §. See Tennessee Code 7-84-603
• Donee: The recipient of a gift.
• Drug abuse: means a condition characterized by the continuous or episodic use of a drug or drugs that results in social impairment, vocational impairment, psychological dependence, or pathological patterns of use. See Tennessee Code 68-11-2001
• Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
• Employer: means :
  (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101
• Employer: means the state, or any political or civil subdivision thereof, and persons employing eight (8) or more persons within the state, or any person acting as an agent of an employer, directly or indirectly. See Tennessee Code 4-21-102
• Employment agency: means any person or agency, public or private, regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer. See Tennessee Code 4-21-102
• 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.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• establishment: means a private home, inn or other unique residential facility offering bed and breakfast accommodations and one (1) daily meal and having four (4), but not more than twelve (12), guest rooms furnished for pay, with guests staying not more than fourteen (14) days, and where the innkeeper resides on the premises or property or immediately adjacent to it. See Tennessee Code 68-14-502
• Establishment ordinance: means the ordinance of the governing body adopted pursuant to §. See Tennessee Code 7-84-503
• Establishment ordinance: means the ordinance of the governing body adopted pursuant to §. See Tennessee Code 7-84-603
• 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.
• Executive director: means the executive director of the health facilities commission. See Tennessee Code 68-11-2301
• extra services: means any duties other than summer school or regular duties. See Tennessee Code 8-34-101
• Facility: means a hospital operating room or hospital emergency room department. See Tennessee Code 68-11-2203
• Facility: means real property owned, leased, or used by a healthcare institution for any purpose, other than as an investment. See Tennessee Code 68-11-1602
• Facility-provided medication: means a topical antibiotic, anti-inflammatory, dilation, or glaucoma drop or ointment that a facility employee has on standby or that is retrieved from a dispensing system for a specified patient for use during a procedure or visit. See Tennessee Code 68-11-2203
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Familial status: means one (1) or more individuals, who have not attained eighteen (18) years of age, being domiciled with:
  (A) A parent or another person having legal custody of such individual or individuals. See Tennessee Code 4-21-102
• Family: includes a single individual. See Tennessee Code 4-21-102
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means a bank, banking organization, mortgage company, insurance company or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance or improvements of real property, or an individual employed by or acting on behalf of any of these. See Tennessee Code 4-21-102
• Firefighter: means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position. See Tennessee Code 4-21-407
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means all personal property, including, but not limited to, supplies, equipment, materials, printing, and insurance. See Tennessee Code 12-3-201
• Governing body: means the council, commission, board or other body exercising general legislative power in the municipality. See Tennessee Code 7-84-503
• Governing body: means the council, commission, board or other body exercising general legislative power in the municipality. See Tennessee Code 7-84-603
• Governing body: includes all bodies and boards, by whatsoever names they may be known, charged with the governing of a municipality. See Tennessee Code 12-2-301
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grant: means any grant awarded to the state or awarded by the state to any person to support a program authorized by law. See Tennessee Code 12-3-201
• Grant: means those funds provided under this chapter by the state to the county for which the state does not require repayment by the county. See Tennessee Code 41-8-103
• Guardian: means a judicially appointed guardian or conservator having authority to make a health care decision for an individual. See Tennessee Code 68-11-1802
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Health care: means any care, treatment, service or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition, and includes medical care as defined in §. See Tennessee Code 68-11-1802
• Health care decision: means consent, refusal of consent or withdrawal of consent to health care. See Tennessee Code 68-11-1802
• Health care institution: means a health care institution as defined in §. See Tennessee Code 68-11-1802
• Health care institution: means any publicly or privately owned or operated institution, facility, center, or place licensed by the department of health that provides health services for patients that engage in drug abuse. See Tennessee Code 68-11-2001
• Health care provider: means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in practicing of a profession. See Tennessee Code 68-11-1802
• Health care provider: means a person licensed under title 63 or this title to provide health care or related services. See Tennessee Code 68-11-2001
• Healthcare facility: means a nursing home or an assisted-care living facility as those terms are defined by §. See Tennessee Code 68-11-2301
• Healthcare research institution: includes any or all of the parents, subsidiaries, affiliates, successors and assigns of the institution, and any or all individual trustees, officers, directors, employees, and agents of the institution. See Tennessee Code 68-11-1901
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Home care organization: means an entity licensed as such by the commission that is staffed and organized to provide "home health services" or "hospice services" as defined by §. See Tennessee Code 68-11-1602
• homestay: means a private home, inn or other unique residential facility offering bed and breakfast accommodations and one (1) daily meal and having less than four (4) guest rooms furnished for pay, with guests staying not more than fourteen (14) days, and where the innkeeper resides on the premises or property or immediately adjacent to it. See Tennessee Code 68-14-502
• Hotel: means any building or establishment kept, used, or maintained as, or advertised as, or offered to the public to be, a place where sleeping accommodations are furnished for pay to transients or travelers, whether or not meals are served to transients or travelers. See Tennessee Code 68-14-302
• Housing accommodation: includes improved and unimproved property and means a building, structure, lot or part thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one (1) or more individuals. See Tennessee Code 4-21-102
• Imminent health hazard: means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person. See Tennessee Code 68-14-302
• Imminent health hazard: means any condition, deficiency or practice that, if not corrected, is very likely to result in illness, injury or loss of life to any person. See Tennessee Code 68-14-502
• In-service: means a member who has not retired, has not been refunded and is within one hundred fifty (150) days of such member's last paid day of employment. See Tennessee Code 8-34-101
• Indirect interest: means a personal interest in the persons involved in a matter before the commission that is in conflict with the discharge of the commission member's or employee's duties. See Tennessee Code 68-11-1602
• Individual instruction: means an individual's direction concerning a health care decision for the individual. See Tennessee Code 68-11-1802
• Indwelling catheter: means a proprietary indwelling device that is inserted under a patient's skin to provide long-term IV access for administering blood products, prescribed medication, high-dose chemotherapy, or other treatments. See Tennessee Code 68-11-2001
• Initiating petition: means the petition filed pursuant to §. See Tennessee Code 7-84-503
• Initiating petition: means the petition filed pursuant to §. See Tennessee Code 7-84-603
• Initiating resolution: means the resolution adopted by the governing body pursuant to §. See Tennessee Code 7-84-503
• Initiating resolution: means the resolution adopted by the governing body pursuant to §. See Tennessee Code 7-84-603
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• inner-city redevelopment district: means the inner-city redevelopment district created by the establishment ordinance of the municipality. See Tennessee Code 7-84-603
• Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
• Institute: means the Tennessee corrections institute. See Tennessee Code 41-7-101
• Institution: means an institution of the department. See Tennessee Code 41-10-101
• Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• 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.
• Juror: A person who is on the jury.
• Labor organization: includes any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment or any agent acting for organizations. See Tennessee Code 4-21-102
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Law enforcement officer: means an employee, the duties of whose position are primarily the investigation, apprehension or detention of individuals suspected or convicted of offenses against state criminal laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position. See Tennessee Code 4-21-407
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legatee: A beneficiary of a decedent
• Licensed beds: means the number of beds licensed by the commission having licensing jurisdiction over the facility in which the beds are located. See Tennessee Code 68-11-1602
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• Loan: means those funds provided under this chapter by the state to the county for which the state does require repayment by the county. See Tennessee Code 41-8-103
• Local retirement fund: means any teachers' retirement fund or other arrangement for payment of retirement benefits to teachers, except this retirement system, supported wholly or in part by contributions made by an employer as defined by chapters 34-37 of this title. See Tennessee Code 8-34-101
• Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
• Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-1-101
• Mineral: means all forms of minerals including, but not limited to, oil, gas, and coal. See Tennessee Code 11-14-302
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means any incorporated city, town or metropolitan government of this state exercising general governmental functions in the state. See Tennessee Code 7-84-503
• Municipality: means any incorporated city, town or metropolitan government of this state exercising general governmental functions in the state. See Tennessee Code 7-84-603
• Municipality: means an incorporated city or town located within the boundaries of a county whose voters have adopted a county charter government. See Tennessee Code 7-21-104
• Municipality: means any city, town, metropolitan government, or other political subdivision, including counties, of the state of Tennessee. See Tennessee Code 11-24-201
• Municipality: includes any county, city or town of the state. See Tennessee Code 12-2-301
• National origin: includes the national origin of an ancestor. See Tennessee Code 4-21-102
• 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.
• Nonresidential substitution-based treatment center for opiate addiction: includes , but is not limited to, stand-alone clinics offering methadone, products containing buprenorphine such as Subutex and Suboxone, or products containing any other formulation designed to treat opiate addiction by preventing symptoms of withdrawal. See Tennessee Code 68-11-1602
• Not-for-profit corporation: means a general welfare corporation organized under §. See Tennessee Code 12-2-301
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means record owner in fee, or a duly authorized representative. See Tennessee Code 7-84-503
• Owner: means record owner in fee, or duly authorized representative. See Tennessee Code 7-84-603
• Part-time employee: includes any interim teacher who is employed on a temporary basis to teach for a regular teacher who is on unpaid leave. See Tennessee Code 8-34-101
• Participating county: means any county having a certified or provisionally certified facility or any other county selected for participation in the program by the commissioner. See Tennessee Code 41-8-103
• 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.
• Patient: includes , but is not limited to, a person who has an acute or chronic physical or mental illness or injury. See Tennessee Code 68-11-1602
• Person: means an individual, corporation, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 68-11-1802
• Person: means an individual, firm, corporation, partnership, or association. See Tennessee Code 68-11-2301
• Person: means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments. See Tennessee Code 68-14-302
• Person: means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision. See Tennessee Code 68-14-502
• Person: includes one (1) or more individuals, governments, governmental agencies, public authorities, labor organizations, corporations, legal representatives, partnerships, associations, trustees, trustees in bankruptcy, receivers, mutual companies, joint stock companies, trusts, unincorporated organizations or other organized groups of persons. See Tennessee Code 4-21-102
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• Personal property: All property that is not real property.
• Personally informing: means a communication by any effective means from the patient directly to a health care provider. See Tennessee Code 68-11-1802
• Physician: means an individual authorized to practice medicine or osteopathy under title 63, chapter 6 or 9. See Tennessee Code 68-11-1802
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the method by which the county intends to utilize the assistance available under this chapter. See Tennessee Code 41-8-103
• 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.
• 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}
• Power of attorney for health care: means the designation of an agent to make health care decisions for the individual granting the power. See Tennessee Code 68-11-1802
• Prescriber: means an individual authorized by law to prescribe drugs. See Tennessee Code 68-11-2203
• 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.
• Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
• Private property: means real property, or improvements to real property, not owned by the federal government or a state agency. See Tennessee Code 12-1-202
• 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.
• Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring of any goods or services. See Tennessee Code 12-3-201
• Procurement commission: means the state procurement commission, as established in §. See Tennessee Code 12-3-201
• Procurement file: means the record of a solicitation, as set forth in the policies and procedures of the central procurement office and the procurement commission, and includes a copy of the following records:
  (1) All evaluated technical proposals, cost proposals, and evaluation sheets. See Tennessee Code 12-3-201
• profit: means the excess revenue over expenditures prior to the expenditure of the amount which may be optionally made available for employees in cash or placed in trust by the state on behalf of the employees under the plan. See Tennessee Code 8-25-302
• program: means the method of providing financial assistance and incentive to counties for the purposes provided in this chapter, through increased subsidies, grants or loans. See Tennessee Code 41-8-103
• Project: means and includes any building, structure, facility or permanent improvement, including the necessary equipment and furnishings therefor, which a municipality proceeding under this part is authorized to own, use or operate under any other provision of law. See Tennessee Code 12-2-301
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• property: means every species of state property which is not either:
  (A) Real property, the disposal of which is subject to this title, governing the disposal of state real property. See Tennessee Code 12-2-402
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public school: means any school conducted within the state under the authority and supervision of a duly elected or appointed city or county school board, and any educational institution supported by and under the control of the state. See Tennessee Code 8-34-101
• Public swimming pools: means a structure of man-made materials, located either indoors or outdoors, used for bathing or swimming, or for instructional purposes in swimming, diving, or other aquatic activities by humans, together with buildings, appurtenances, and equipment used in connection with the structure. See Tennessee Code 68-14-302
• Quorum: The number of legislators that must be present to do business.
• Real estate operator: means any individual or combination of individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers or other legal or commercial entities, or the county or any of its agencies, that is engaged in the business of selling, purchasing, exchanging, renting or leasing real estate, or the improvements thereon, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental or lease of real estate. See Tennessee Code 4-21-102
• real estate salesperson: means an individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary, or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such activity. See Tennessee Code 4-21-102
• Real estate transaction: includes the sale, exchange, rental or lease of real property. See Tennessee Code 4-21-102
• Real property: includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in these. See Tennessee Code 4-21-102
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Reasonably available: means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Tennessee Code 68-11-1802
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Region: means a probation region of the department of correction. See Tennessee Code 41-10-101
• Rehabilitation facility: means an inpatient or residential facility that is operated for the primary purpose of assisting in the rehabilitation of physically disabled persons through an integrated program of medical and other services that is provided under professional supervision. See Tennessee Code 68-11-1602
• relative: means a spouse, parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, or nephew by blood, marriage, or adoption. See Tennessee Code 68-11-1602
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• 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
• Respondent: includes a "bidder" or "proposer" that is a natural person or legal entity that has properly registered as required by the state. See Tennessee Code 12-3-201
• Response: means a written response to a solicitation for goods and services. See Tennessee Code 12-3-201
• Responsible: means a person who has the capacity in all respects to perform fully the contract requirements, as well as the integrity and reliability, which will assure good faith performance. See Tennessee Code 12-3-201
• Responsive: means a person who has submitted a response that conforms in all material respects to the competitive procurement. See Tennessee Code 12-3-201
• Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
• Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
• Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
• Review cycle: means the timeframe set for the review and initial decision on applications for certificate of need applications that have been deemed complete, with the fifteenth day of the month being the first day of the review cycle. See Tennessee Code 68-11-1602
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
• Service of process: The service of writs or summonses to the appropriate party.
• Services: means all services and agreements obligating the state, except services for highway and road improvements governed by title 54 and design and construction services governed by title 4, chapter 15. See Tennessee Code 12-3-201
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means and refers only to the designation of an individual person as male or female as indicated on the individual's birth certificate. See Tennessee Code 4-21-102
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• Smaller city: means any municipality within a county other than the principal city. See Tennessee Code 7-21-104
• Solicitation: means any type of document that invites responses and may include, by way of example, an "invitation to bid" a "request for proposal" or a "competitive negotiation". See Tennessee Code 12-3-201
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 68-11-1802
• State: means the state of Tennessee. See Tennessee Code 8-34-101
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• State agency: means any state governmental entity, other than the central procurement office and those state entities exempted by §. See Tennessee Code 12-3-201
• State governmental entity: means any agency, authority, board, commission, department, or office within the executive, legislative or judicial branches of state government or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education. See Tennessee Code 12-3-201
• State health plan: means the plan that is developed by the state health planning division pursuant to this part. See Tennessee Code 68-11-1602
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Stroke-related designation: means a designation including, but not limited to, a comprehensive stroke center, primary stroke center, acute stroke-ready hospital, or other stroke-related designation approved by rule by the board in consultation with the emergency medical services board. See Tennessee Code 68-11-2101
• Student: means any person enrolled in a course of study in a school or in a post-secondary educational institution who as a condition of such enrollment is employed in a full-time position. See Tennessee Code 8-34-101
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
• Subsidy: means that amount of money paid by the state to a county in accordance with §. See Tennessee Code 41-8-103
• Summons: Another word for subpoena used by the criminal justice system.
• surplus property: means that personal property which has been determined to be obsolete, outmoded, or no longer usable by the state and declared as such, by the commissioner or head of the releasing department or agency, in accordance with this part. See Tennessee Code 12-2-402
• Surrogate: means an individual, other than a patient's agent or guardian, authorized under this part to make a health care decision for the patient. See Tennessee Code 68-11-1802
• taking: means the taking of private property by government action such that compensation to the owner of that property is required by either:
  (A) The fifth or fourteenth Amendment to the . See Tennessee Code 12-1-202
• TCRB: means the Tennessee community resource board. See Tennessee Code 41-10-101
• 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.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• 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.
• Treating health care provider: means a health care provider who at the time is directly or indirectly involved in providing health care to the patient. See Tennessee Code 68-11-1802
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trust fund: means the natural resources trust fund created by this part. See Tennessee Code 11-14-302
• Trustee: A person or institution holding and administering property in trust.
• unified: means consolidation or consolidated pursuant to this chapter and that power granted by the Constitution of Tennessee, Article XI, §. See Tennessee Code 7-21-104
• Unified government: means the governmental entity created by the unification of the governmental and corporate functions of a charter county government with the governmental and corporate functions of one (1) or more municipalities within that county's boundaries. See Tennessee Code 7-21-104
• 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}
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Vendor: means a natural person or legal entity that has been established by the department of finance and administration's division of accounts as a vendor through proper authority for which payment may be made by the state. See Tennessee Code 12-3-201
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Volunteer: means any person who, after fulfilling appropriate policy requirements, is assigned to a volunteer job and provides a service without pay from the department or board except for compensation for those expenses incurred directly as the result of volunteer services as defined in this chapter. See Tennessee Code 41-10-101
• Wildlife officer: means any commissioned employee of the wildlife resources agency engaged in law enforcement activities on a day-to-day basis. See Tennessee Code 8-34-101
• Willful misconduct: means an act or omission that is taken:
  (A) Intentionally to achieve a wrongful purpose. See Tennessee Code 68-11-1901
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105