Tennessee Code > Title 4 > Chapter 29 – Tennessee Governmental Entity Review Law


Part 1	Entity Review	4-29-101 – 4-29-124
Part 2	Termination of Entities	4-29-240 – 4-29-253

Terms Used In Tennessee Code > Title 4 > Chapter 29 - Tennessee Governmental Entity Review Law

Abusive civil action: means a civil action filed by a plaintiff against a defendant with whom the plaintiff shares a civil action party relationship primarily to harass or maliciously injure the defendant and at least one (1) of the following factors are applicable:
(A) Claims, allegations, and other legal contentions made in the civil action are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law. See Tennessee Code 29-41-101
Abusive civil action plaintiff: means a person who files a civil action that a court of record has determined to be an abusive civil action and against whom prefiling restrictions have been imposed pursuant to this chapter. See Tennessee Code 29-41-101
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pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §.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."
Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted for such purpose by the board of trustees. See Tennessee Code 8-34-101
Advisory council: means the traumatic brain injury advisory council established pursuant to this chapter. See Tennessee Code 68-55-101
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: means :
(A) With respect to an individual:
(i) A companion of the individual. See Tennessee Code 29-40-102
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
Agent: means any person authorized by the commissioner of revenue to purchase and affix stamps on packages of cigarettes. See Tennessee Code 68-102-502
Agreement: means the federal-state agreement between the federal agency and the state of Tennessee entered into on August 16, 1951, as authorized by the Social Security Enabling Act for the purpose of extending coverage under Title II of the Social Security Act (42 U. See Tennessee Code 8-38-101
Agricultural chemical: means fertilizers or agricultural chemicals that are applied to crops or to land that is used for raising crops, including fertilizer material, plant amendment, plant food and soil amendment, and pesticide as defined in §. See Tennessee Code 43-31-102
Agricultural production input: means crop production inputs. See Tennessee Code 43-31-102
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
Amateur: means a person who has never competed in an unarmed combat sport competition or contest for any purse or item of value, other than for a prize or item of value that does not exceed fifty dollars ($50. See Tennessee Code 68-115-102
Ambulance: means any privately or publicly owned land or air vehicle that is especially designed, constructed or modified and equipped and is intended to be used for and is maintained or operated for transportation upon the streets, highways or airways in this state for persons who are sick, injured, wounded, otherwise incapacitated, helpless, or in need of medical care. See Tennessee Code 68-140-302
Ambulance service: means the principal use of any privately or publicly owned ambulance for the transportation of injured or infirm persons. See Tennessee Code 68-140-302
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.
Ammunition: means an ammunition or cartridge case, primer, bullet, or propellant powder designed for use in a firearm. See Tennessee Code 29-42-101
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.
Application fee: means the fee due at the time an application for a license is submitted to the commission. See Tennessee Code 68-115-102
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
Approved inspection agency: means a person, organization or local government approved by the commissioner to be especially qualified by reason of facilities, personnel, experience, and demonstrated reliability, to investigate, test, evaluate and inspect modular building units, systems, or the component parts of modular building units together with the plans, specifications, and quality control procedures to ensure that such units, systems, or component parts are in full compliance with the standards adopted by the commissioner pursuant to this part and to label such units complying with those standards. See Tennessee Code 68-126-303
Arrest: Taking physical custody of a person by lawful authority.
Art supplies: includes :
(A) Any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or retailer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. See Tennessee Code 68-131-303
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Association of Boxing Commissions: means the association recognized by state athletic commissions that affiliate with the association regarding rules of unarmed combat sports. See Tennessee Code 68-115-102
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
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authorization: means any and all forms of official permission required by this part, including licenses, permits and certificates. See Tennessee Code 68-140-302
Autoclave: means a device that:
(A) Sterilizes reusable medical or dental equipment used by an individual or entity licensed under this title or title 63. See Tennessee Code 68-122-102
Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. 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.
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 Tennessee emergency medical services board. See Tennessee Code 68-140-302
board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
Boat dock: means a man-made structure that protrudes into a body of water for the purpose of mooring a boat or for other water-related recreation, including boat liveries, and that is connected to an electrical power source in any manner. See Tennessee Code 68-102-601
Boat dock or marina operator: means any person, whether owner or not, supervising or responsible for operating, maintaining, or repairing a boat dock or marina that is subject to this part. See Tennessee Code 68-102-601
Boiler: means and includes a closed vessel or vessels intended for use in heating water or other liquids or for generating steam or other vapors under pressure or vacuum by the direct application of heat from combustible fuels, electricity, or nuclear energy, and also includes an unfired pressure vessel, meaning a vessel in which pressure is obtained from an external source or from an indirect application of heat. See Tennessee Code 68-122-102
Boxing: means unarmed combat to compete with the fists. See Tennessee Code 68-115-102
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Certificate: means official acknowledgment that an individual has successfully complied with all requirements to practice and has completed a training program accredited or recognized by the board. See Tennessee Code 68-140-302
Child: includes any individual, adopted or natural born, entitled to take as a child under this title by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild or any more remote descendant. See Tennessee Code 31-1-101
Cigarette: means any roll for smoking, whether made wholly or in part of tobacco or any other substance, regardless of size or shape, and whether or not the tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco. See Tennessee Code 68-102-502
Civil action: means a civil action, as defined in Rule 2 of the Tennessee Rules of Civil Procedure. See Tennessee Code 29-41-101
Civil action defendant: means a person or persons against whom a civil action has been filed that a court of record has determined to be an abusive civil action and imposed prefiling restrictions against the abusive civil action plaintiff pursuant to this chapter. See Tennessee Code 29-41-101
Civil action party relationship: means the plaintiff commencing a civil action and the civil action defendant fall within one (1) of the following categories:
(A) Adults who are current or former spouses. See Tennessee Code 29-41-101
CMRS: means commercial mobile radio service under §. See Tennessee Code 7-86-103
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.
Combatant: means any person eighteen (18) years of age or older who engages in a professional unarmed combat contest. See Tennessee Code 68-115-102
Commerce: means any and all commerce within the state of Tennessee and subject to the jurisdiction of the state of Tennessee, and includes the operation of any business or service establishment. See Tennessee Code 68-131-303
Commercial mobile radio service provider: means any person, corporation, or entity licensed by the federal communications commission to offer CMRS in the state of Tennessee, and includes, but is not limited to, broadband personal communications service, cellular radio telephone service, geographic area SMR services in the 800 MHz and 900 MHz bands that offer real-time, two-way voice service that is interconnected with the public switched network, incumbent wide area SMR licensees, or any other cellular or wireless telecommunications service to any service user. See Tennessee Code 7-86-103
Commission: means the Tennessee athletic commission. See Tennessee Code 68-115-102
Commissioner: means the commissioner of health, the commissioner's duly authorized representative, or in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-140-302
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. See Tennessee Code 68-55-101
Commissioner: means any member of the Tennessee athletic commission. See Tennessee Code 68-115-102
Commissioner: means the commissioner of labor and workforce development. See Tennessee Code 68-122-102
Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 68-126-202
Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 68-126-303
Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 68-126-402
Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-303
Commissioner: means the commissioner of health. See Tennessee Code 68-140-102
Commissioner of social security: includes any individual to whom the commissioner of social security has delegated any of the commissioner's functions under the Social Security Act (42 U. See Tennessee Code 8-38-101
Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Communications service: means a service that:
(A) Is capable of contacting and has been enabled to contact a public safety answering point (PSAP) via a 911 network by entering or dialing the digits 911. See Tennessee Code 7-86-103
Community paramedic: means an individual who:
(A) Is licensed as a paramedic that delivers care in emergency and non-urgent pre-hospital settings with oversight of a physician. See Tennessee Code 68-140-302
Community paramedicine: means the practice by emergency medical services personnel, primarily in an out-of-hospital setting, that may include the provisions of such services as patient evaluation, advice, treatment directed at preventing or improving a particular medical condition, or referrals to other community resources, which may be provided occasionally or at irregular intervals. See Tennessee Code 68-140-302
Companion: means :
(A) The spouse of an individual. See Tennessee Code 29-40-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Component: means any assembly, sub-assembly, or combination of elements for use as a part of a modular building unit, which may include the structural, electrical, mechanical, plumbing, fire protection, or other structurally integrated system or systems thereof affecting life safety. See Tennessee Code 68-126-303
Consumer: means a person who purchases retail communications service or prepaid communications services in a retail transaction. See Tennessee Code 7-86-103
Contest: means an unarmed combat sport competition or exhibition in which at least one (1) of the combatants is a professional or has previously competed as a professional in this state or any other state or in which licensed combatants compete for a purse or item of value greater than that amount authorized pursuant to subdivision (1) for an amateur event. See Tennessee Code 68-115-102
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
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.
Counterclaim: A claim that a defendant makes against a plaintiff.
County governing body: means that body in a particular county that is vested with the power to levy property taxes. See Tennessee Code 7-1-101
County judge: means a judge of a general sessions court, probate judge, or judge of a juvenile and/or domestic relations court. See Tennessee Code 8-36-902
County judge: means any person who is, or when such office existed was, a judge of a general sessions court, trial justice court, county chair, county judge, probate judge, or judge of a juvenile and/or domestic relations court, and whose compensation for such judicial service is paid wholly by a county of the state, or any person who is a county attorney who receives regular monthly or quarterly compensation from a county of the state, or any county manager or county administrator who receives regular monthly or quarterly compensation from a county of the state. See Tennessee Code 8-34-101
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
Court: means a chancery court in this state. See Tennessee Code 29-40-102
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
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Date of establishment: means the date as of which the retirement system is established as provided in §. See Tennessee Code 8-34-101
Dealer: means a person who is licensed to engage in business as a dealer in this state in accordance with 18 U. See Tennessee Code 29-42-101
Dealer: has the meaning set forth in §. See Tennessee Code 7-86-103
Dealer: as used in this part , means a person, firm or corporation engaged in the business of sale, storage or delivery of liquefied petroleum gas and/or the installation of liquefied petroleum gas equipment. See Tennessee Code 68-135-101
Debtor: means a farmer who is or has requested financial assistance from a lender through a supplier. See Tennessee Code 43-31-102
Decedent: A deceased person.
Declarant: means an individual who declares a living will under this chapter. See Tennessee Code 32-11-103
Defective condition: means a condition of a product that renders it unsafe for normal or anticipatable handling and consumption. See Tennessee Code 29-28-102
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
defibrillator: means an automated external defibrillator. See Tennessee Code 68-140-402
Defined benefit component: means the portion of the hybrid plan that provides a defined benefit plan within the retirement system, but which has its own vesting, benefit structure, and contribution requirements as set forth in this part. See Tennessee Code 8-36-902
Defined contribution component: means the portion of the hybrid plan that provides a defined contribution plan within the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title. See Tennessee Code 8-36-902
Department: means the department of health. See Tennessee Code 68-140-302
Department: means the department of health. See Tennessee Code 68-55-101
Department: means the department of commerce and insurance. See Tennessee Code 68-115-102
Department: means the department of health. See Tennessee Code 68-55-501
Department: means the department of labor and workforce development. See Tennessee Code 68-122-102
Department: means the department of commerce and insurance. See Tennessee Code 68-126-303
Department: means the department of agriculture. See Tennessee Code 68-131-303
Department: means the department of health. See Tennessee Code 68-140-102
Dependent: A person dependent for support upon another.
Devise: when used as a noun, means a testamentary disposition of real or personal property. See Tennessee Code 31-1-101
Devise: To gift property by will.
Devisee: means any person designated in a will to receive a devise. See Tennessee Code 31-1-101
Director: means the director of the division of emergency medical services of the department. See Tennessee Code 68-140-302
disabled: means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve (12) months. See Tennessee Code 8-34-101
Disclaimant: means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. See Tennessee Code 31-7-102
Disclaimed interest: means the interest that would have passed to the disclaimant had the disclaimer not been made. See Tennessee Code 31-7-102
Disclaimer: means the refusal to accept an interest in or power over property. See Tennessee Code 31-7-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Display fireworks: means those fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation and that are classified as 1. See Tennessee Code 68-104-202
Distributor: means any person engaged in the business of making sales of fireworks to any other person engaged in the business of reselling fireworks either as a retailer, wholesaler, or seasonal retailer, or any person who receives, brings or imports any fireworks of any kind, in any manner into this state, except to a holder of a Tennessee manufacturer's, distributor's, or wholesaler's permit. See Tennessee Code 68-104-101
District: means any emergency communications district created pursuant to this part. See Tennessee Code 7-86-103
Docket: A log containing brief entries of court proceedings.
Donee: The recipient of a gift.
Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
Economic damages: means damages, to the extent they are provided by applicable law, for: objectively verifiable pecuniary damages arising from medical expenses and medical care, rehabilitation services, mental health treatment, custodial care, loss of earnings and earning capacity, loss of income, burial costs, loss of use of property, repair or replacement of property, obtaining substitute domestic services, loss of employment, loss of business or employment opportunities, and other objectively verifiable monetary losses. See Tennessee Code 29-39-101
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
EMAC: means the national interstate mutual aid agreement adopted by all fifty (50) states, the District of Columbia, the United States Virgin Islands, Puerto Rico and ratified by the 104th United States Congress in 1996 (PL-104-321) that enables states to share resources during times of disaster created during the 104th Congress. See Tennessee Code 68-140-603
Emergency medical entity: means any singular facility, providing emergency medical services to the general public, either resident or transient, in this state. See Tennessee Code 68-140-102
Emergency medical services: means the services used in responding to the perceived individual need for immediate medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. See Tennessee Code 68-140-102
Emergency medical services personnel: means individuals certified or licensed by the emergency medical services board in accordance with various categories and classifications of licenses or certificates that the board establishes. See Tennessee Code 68-140-302
Employee: includes an officer of a state or political subdivision thereof. See Tennessee Code 8-38-101
Employer: means the state, a political subdivision, or a local instrumentality of either. See Tennessee Code 8-38-101
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
Employment: means any service performed by an employee in the employ of the state, or any political subdivision thereof, for such employer, except:
(A) Service which, in the absence of an agreement entered into under this chapter, would constitute "employment" as defined in the Social Security Act. See Tennessee Code 8-38-101
Entity: means an owner or operator of a business, the state, or a local government. See Tennessee Code 7-86-402
Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. ^{Source: OCC}
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}
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Event: means an amateur event in which amateurs, as defined in this section, compete in an unarmed combat sport competition in accordance with this chapter. See Tennessee Code 68-115-102
Event: means any function or gathering at which there will be a fireworks display, a pyrotechnic display, a flame effect display or any combination of these displays. See Tennessee Code 68-104-202
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.
Executor: A male person named in a will to carry out the decedent
Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
Executory contract: means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach. See Tennessee Code 29-40-102
extra services: means any duties other than summer school or regular duties. See Tennessee Code 8-34-101
Facilities where the public congregates: means sports and entertainment arenas, musical amphitheatres, stadiums, community and convention halls, specialty event centers, amusement facilities, fairgrounds, zoos, institutions of higher education, and specialty event centers in public parks. See Tennessee Code 68-120-502
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.
Federal Insurance Contributions Act: means chapter 21 of the federal Internal Revenue Code of 1954 (26 U. See Tennessee Code 8-38-101
Fees and other expenses: means those reasonable attorney's fees and expert witness fees as determined by the court plus reasonable expenses and court costs, but does not include any portion of an attorney's fees or salary paid by a unit of local, state, or federal government for the attorney's services in the case. See Tennessee Code 29-37-103
Fiduciary: A trustee, executor, or administrator.
Fiduciary: means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person. See Tennessee Code 31-7-102
FIMR: means the Tennessee fetal and infant mortality review program. See Tennessee Code 68-142-203
fire department: means a department of a municipality, county, or political subdivision, or an organization, agency, or entity that offers its services, for or without pay, for the purpose of suppressing fires, performing rescue services, or for other emergency response purposes. See Tennessee Code 68-102-302
Fire marshal: means the state fire marshal. See Tennessee Code 68-104-202
Firefighter: means a person in the employ of a political subdivision participating under chapter 35, part 2 of this title who is a member of the fire department of such political subdivision, and is trained in firefighting and actively engaged in such work or subject to call for such services, providing such person's primary livelihood is derived from such work. See Tennessee Code 8-34-101
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.
Flame effect: means the combustion of an inflammable solid, liquid or gas to produce thermal, physical, visual or audible phenomena before an audience as defined by NFPA 160. See Tennessee Code 68-104-202
Flame effect display: means the use of flame effects before an audience as defined by NFPA 160. See Tennessee Code 68-104-202
Food service establishment: means a food service establishment as defined in [former] §. See Tennessee Code 68-120-502
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
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
General employee: means any person who is a state official, including legislative officials elected by the general assembly, or who is employed in the service of, and whose compensation is payable in whole or in part by, the state, including employees under supervision of the state whose compensation is paid, in whole or in part, from federal or other funds, or any person in the employ of a political subdivision participating under chapter 35, part 2 of this title, or of the Tennessee County Services Association, but does not include any teacher, state police officer, wildlife officer, firefighter, police officer, state judge, county judge, attorney general, governor, or county official or public service commissioner, or any person performing services on a contractual or percentage basis. See Tennessee Code 8-34-101
Generally applicable local law: means an ordinance, resolution, regulation, rule, or other requirement of any type other than zoning enacted, maintained, or enforced by a local governing body that applies to all property or use of all property and does not apply only to property used as a short-term rental unit. See Tennessee Code 13-7-602
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governmental unit: means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state. See Tennessee Code 29-40-102
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grantor: The person who establishes a trust and places property into it.
Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
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.
Harass or maliciously injure: means the civil action determined to be an abusive civil action was filed with the intent or was primarily designed to:
(A) Exhaust, deplete, impair, or adversely impact the civil action defendant's financial resources unless:
(i) Punitive damages are requested and appropriate. See Tennessee Code 29-41-101
Health care provider: means a Tennessee licensed medical doctor (M. See Tennessee Code 68-55-501
health facility: means a person, facility or institution licensed or authorized to provide health or medical care. See Tennessee Code 32-11-103
Heirs: means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. See Tennessee Code 31-1-101
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
Hotel: means an establishment as defined in §. See Tennessee Code 68-120-502
Human carcinogen: means any substance listed as a human carcinogen by the International Agency for Research on Cancer. See Tennessee Code 68-131-303
Hybrid plan: means a plan that provides a combination of a defined benefit plan and a defined contribution plan which, together, are intended to comply with the provisions of the Internal Revenue Code (26 U. See Tennessee Code 8-36-902
Illegal drug: means a drug, the distribution of which is a violation of state law. See Tennessee Code 29-38-104
Illegal drug market: means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user. See Tennessee Code 29-38-104
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
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
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.
Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Tennessee Code 29-38-104
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Installation: means the assembly of modular building units on-site and/or the process of affixing modular building-related components to land, a foundation, footings, utilities, or an existing building. See Tennessee Code 68-126-303
Installer: means a licensed manufactured home installer, or a licensed manufactured home retailer. See Tennessee Code 68-126-402
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interfacility telecommunications: means the exchange of ideas, instruction, or intelligence, pertaining to emergency medical services, between two (2) or more emergency medical entities. See Tennessee Code 68-140-102
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.
Intestate: Dying without leaving a will.
Invalid vehicle: means any privately or publicly owned vehicle that is maintained, operated and intended to be used to transport persons who are convalescent, or otherwise nonambulatory, and do not require medical treatment while in transit. See Tennessee Code 68-140-302
IP-enabled services: means services and applications making use of Internet protocol (IP) including, but not limited to, voice over IP and other services and applications provided through wireline, cable, wireless, and satellite facilities, and any other facility that may be provided in the future through platforms that may not be deployable at present, that are capable of connecting users dialing or entering the digits 911 to public safety answering points (PSAPs). See Tennessee Code 7-86-103
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
Joint resolution: A legislative measure which requires the approval of both chambers.
Jointly held property: means property held in the name of two (2) or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. See Tennessee Code 31-7-102
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.
Kickboxing: means unarmed combat involving the use of striking techniques delivered with the upper and lower body, and in which the combatants remain standing while striking. See Tennessee Code 68-115-102
Label: means a display of written, printed, or graphic matter upon the immediate container of any substance, or in the case of an article that is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed to the article, and a requirement made by or under authority of this part that any word, statement or other information appearing on the label shall not be considered to be complied with, unless such word, statement or other information also appears:
(A) On the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper. See Tennessee Code 68-131-303
Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
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}
Legacy: A gift of property made by will.
Legatee: A beneficiary of a decedent
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Lender: means a person in the business of lending money identified in a security interest notification statement. See Tennessee Code 43-31-102
Letter of commitment: means a binding, irrevocable and unconditional agreement by a lender to honor drafts or other demands for payment upon the supplier presenting invoices signed by the purchaser or other proof of delivery. See Tennessee Code 43-31-102
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: means an authorization to a person to provide ambulance services. See Tennessee Code 68-140-302
Licensed exhibitor: means a sole proprietor, partnership, corporation, company, firm or other entity licensed under this part to perform or provide firework or pyrotechnic materials for outdoor fireworks displays, proximate pyrotechnic displays, flame effect displays or any combination of these displays. See Tennessee Code 68-104-202
Lien: means an interest in property that secures payment or performance of an obligation. See Tennessee Code 29-40-102
Lien: A claim against real or personal property in satisfaction of a debt.
Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
Limitation year: means , for testing purposes under §. See Tennessee Code 8-34-101
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Living will: means a written declaration, pursuant to this chapter, stating declarant's desires for medical care or noncare, including palliative care, and other related matters such as organ donation and body disposal. See Tennessee Code 32-11-103
Local governing body: means the legislative body of a city, municipality, county, or other political subdivision of this state that has authority to enact a zoning ordinance, resolution, regulation, rule, or other requirement of any type regarding land use in its jurisdiction. See Tennessee Code 13-7-602
Local government: means an incorporated municipality or county or subdivision of either. See Tennessee Code 29-37-103
Local government: means any political subdivision of this state with authority to establish standards and requirements applicable to the construction, installation, alteration and repairs of buildings. See Tennessee Code 68-126-303
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
Manager: means a person who:
(i) Undertakes to represent the interests of another person by contract, agreement or other arrangement, in procuring, arranging or conducting a professional contest in which the person will participate as a combatant. See Tennessee Code 68-115-102
manufactured home: includes any structure that meets all the requirements of this subdivision (2), except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this title. See Tennessee Code 68-126-202
Manufacturer: means a person who is:
(A) Engaged in the business of manufacturing a qualified product in intrastate commerce. See Tennessee Code 29-42-101
Manufacturer: means any person engaged in the making, manufacture or construction of fireworks of any kind within this state. See Tennessee Code 68-104-101
Manufacturer: means :
(A) Any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer. See Tennessee Code 68-102-502
Manufacturer: means any person engaged in manufacturing or assembling new manufactured homes. See Tennessee Code 68-126-202
Manufacturer: means the designer, fabricator, producer, compounder, processor or assembler of any product or its component parts. See Tennessee Code 29-28-102
Marina: means a dock, including a boat dock or basin providing moorings for watercraft and boat houses and offering supply, repair, or other services, including electric power supply, for remuneration. See Tennessee Code 68-102-601
Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
Medical advisors: means the physicians, companies, or organizations provided for in part 4 of this chapter. See Tennessee Code 8-34-101
Medical care: includes any procedure or treatment rendered by a physician or health care provider designed to diagnose, assess or treat a disease, illness or injury. See Tennessee Code 32-11-103
Medical direction: means the supervision by a physician licensed to practice in the state of Tennessee of all medical aspects of patient care within EMS. See Tennessee Code 68-140-302
Member: means a member of the Tennessee emergency medical service board. See Tennessee Code 68-140-302
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
member: means a member of the Tennessee consolidated retirement system. See Tennessee Code 68-102-401
Member annuity: means annual payments for life derived from the accumulated contributions of the member. See Tennessee Code 8-34-101
Membership service: means service rendered while a member of the retirement system. See Tennessee Code 8-34-101
Military duty: means :
(i) Training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces of the United States. See Tennessee Code 8-33-101
Miniature boiler: means a boiler designed and constructed not to exceed the following:
(A) Sixteen inches (16") inside diameter of shell. See Tennessee Code 68-122-102
Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
Mixed martial arts: means unarmed combat using a combination of techniques from different disciplines of the martial arts, including kicking, wrestling and striking, subject to applicable limitations set forth in this chapter and rules promulgated by the commission. See Tennessee Code 68-115-102
Mobile integrated health care: means the provision of health care using patient-centered, mobile resources in the out-of-hospital environment under local medical control as part of a community-based team of health and social services providers to include, but not be limited to, home health organizations and community paramedics. See Tennessee Code 68-140-302
Modification: means an amendment to the original federal-state agreement to modify coverage for coverage groups or to extend coverage to additional coverage groups consistent with Section 218 of the Social Security Act (42 USC §. See Tennessee Code 8-38-101
Modular building unit: means a structural unit, or preassembled component unit, including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building. See Tennessee Code 68-126-303
Month: means a calendar month. See Tennessee Code 1-3-105
Mortgage: means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the mortgage also creates or provides for a lien on personal property. See Tennessee Code 29-40-102
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagee: means a person entitled to enforce an obligation secured by a mortgage. See Tennessee Code 29-40-102
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage. See Tennessee Code 29-40-102
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Negligent entrustment: means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others. See Tennessee Code 29-42-101
NFPA: means the National Fire Protection Association. See Tennessee Code 68-104-202
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.
Non-wireline service: means any service provided by any person, corporation or entity, other than a service supplier as defined in this part, that connects a user dialing or entering the digits 911 to a PSAP, including, but not limited to, commercial mobile radio service and IP-enabled services. See Tennessee Code 7-86-103
Noneconomic damages: means damages, to the extent they are provided by applicable law, for: physical and emotional pain. See Tennessee Code 29-39-101
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.
Organ donation: means a procedure to recover vascular organs following a declaration of death pursuant to §. See Tennessee Code 32-11-103
Outdoor fireworks display: means a presentation of display fireworks for a public or private gathering as defined by NFPA 1123. See Tennessee Code 68-104-202
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means the person for whose property a receiver is appointed. See Tennessee Code 29-40-102
Palliative care: includes any measure taken by a physician or health care provider designed primarily to maintain the patient's comfort. See Tennessee Code 32-11-103
Parent: includes any person entitled to take, or who would be entitled to take if the child, adopted or natural born, died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent. See Tennessee Code 31-1-101
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
Participant: means any state employee, teacher, or political subdivision employee participating in the hybrid plan. See Tennessee Code 8-36-902
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: means an individual who, as a result of physical or mental condition, needs medical attention. See Tennessee Code 68-140-302
Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
Period of illegal drug use: means , in relation to the individual user, the time of the individual's first use of an illegal drug to the accrual of the cause of action. See Tennessee Code 29-38-104
Permit: means an authorization issued for an ambulance vehicle as meeting the standards adopted pursuant to this part. See Tennessee Code 68-140-302
Permit: means the written authority of the state fire marshal issued under the authority of this chapter. See Tennessee Code 68-104-101
Permit: means a certification of approval for a contest or event, issued upon receipt of an application and fee that shall be established and collected pursuant to the rulemaking authority of the commission for professional and amateur events. See Tennessee Code 68-115-102
Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Tennessee Code 29-38-104
Person: means an individual. See Tennessee Code 29-40-102
Person: means any individual, association, organization or any other business entity, either profit or nonprofit, any state or local governmental entity, and federal agencies to the extent permitted by federal law. See Tennessee Code 68-140-302
Person: means an individual or an organization and includes a corporation, firm or association. See Tennessee Code 43-31-102
Person: means an individual, corporation, company, association, firm, partnership, society, joint stock company, governmental entity, or other entity. See Tennessee Code 29-42-101
Person: means any individual, firm, partnership or corporation. See Tennessee Code 68-104-101
Person: means an individual. See Tennessee Code 31-7-102
Person: means and includes individuals, corporations, limited liability companies, partnerships or associations, domestic and foreign. See Tennessee Code 68-115-102
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Person: means any individual or governmental entity, corporation, association, organization, nonprofit institution or other entity or such entities' representatives. See Tennessee Code 68-55-501
Person: means an individual, partnership, firm, corporation, association, or other legal entity, however organized. See Tennessee Code 68-102-601
Person: means any individual, firm, association, corporation, or legal entity. See Tennessee Code 68-126-402
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.
Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Tennessee Code 31-1-101
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
Personal use: means use of property by a person or entity not for business purposes and the use of which is not substantially connected with a trade or business or an activity for the production or collection of income. See Tennessee Code 68-126-202
Petroleum product: means motor fuels and special fuels that are used in the production of crops, including "petroleum products" as defined in §. See Tennessee Code 43-31-102
Physical or mental impairment: means one which is medically determinable. See Tennessee Code 8-34-101
Physician: means a person licensed to practice medicine in this state. See Tennessee Code 68-115-102
Physician: means any person licensed or permitted to practice medical care under title 63, chapters 6 and 9. See Tennessee Code 32-11-103
Place of illegal drug activity: means , in relation to the individual drug user, each state house of representatives legislative district in which the individual possesses or uses an illegal drug, or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Tennessee Code 29-38-104
Place of participation: means , in relation to a defendant in an action brought under this chapter, each state house of representatives legislative district in which the person participates in the illegal drug market, or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal market. See Tennessee Code 29-38-104
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan year: means the fiscal year commencing July 1. See Tennessee Code 8-34-101
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.
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.
Police officer: means a person in the employ of a political subdivision participating under chapter 35, part 2 of this title who is a member of the police department of such political subdivision and is trained in police work and actively engaged in such work. See Tennessee Code 8-34-101
Political subdivision: means any entity authorized to participate in the retirement system pursuant to chapter 35, part 2 of this title. See Tennessee Code 8-36-902
Political subdivision: includes an instrumentality of a state, or one (1) or more of its political subdivisions, including the Tennessee Municipal League, the Tennessee School Boards Association and the Tennessee County Services Association, or of a state and one (1) or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the state or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the state or subdivision. See Tennessee Code 8-38-101
Political subdivision employee: means any person in the employ of a political subdivision, including a county judge, but does not include any person performing services on a contractual or percentage basis. See Tennessee Code 8-36-902
Position: means employment held by a public employee at the time of entrance into military duty, but does not include temporary or casual employment or an office filled by election. See Tennessee Code 8-33-101
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: means the exercise of principles and skills for effective emergency medical care under medical direction recognized as acts and responsibilities within the discipline of emergency medical services. See Tennessee Code 68-140-302
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Prepaid communications service: means "prepaid wireless calling service" as set forth in §. See Tennessee Code 7-86-103
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 class member: means a member who, on the day preceding the date of establishment, shall have been a member of a superseded system and who elects to remain covered by the benefit and contribution provisions of the superseded system, or who fails to elect to become covered by the benefit and contribution provisions of the retirement system applicable to new employees, as the case may be, in accordance with chapter 35, part 1 of this title. See Tennessee Code 8-34-101
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
Pro-am competition: means a competition that features a combination of professional contests and amateur events. See Tennessee Code 68-115-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Proceeds: means the following property:
(A) Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property. See Tennessee Code 29-40-102
Proceeds: means proceeds as defined in §. See Tennessee Code 43-31-102
Product: means any tangible object or goods produced. See Tennessee Code 29-28-102
Product liability action: includes , but is not limited to, all actions based upon the following theories: strict liability in tort. See Tennessee Code 29-28-102
Professional: means a person who competes or has competed in an unarmed combat sport contest for the purpose of a purse or item of value greater than that amount authorized for an amateur event, or any person who has been previously licensed in any other jurisdiction as a professional. See Tennessee Code 68-115-102
Prohibit: means to forbid or ban the operation of short-term rental units, either permanently or temporarily, within a local governing body's jurisdiction, portion of the local governing body's jurisdiction, or a portion of an owner's property. See Tennessee Code 13-7-602
Promoter: means any person who produces, stages or sponsors any professional contest of unarmed combat. See Tennessee Code 68-115-102
Property: includes proceeds, products, offspring, rents, or profits of or from the property. See Tennessee Code 29-40-102
Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Tennessee Code 31-1-101
Property: includes both personal and real property. See Tennessee Code 1-3-105
Property: means a tract of land as recorded with the register of deeds office of the county where the property is located. See Tennessee Code 13-7-602
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Provider: means any person engaged in renting a short-term rental unit and includes an owner of a residential unit that is made available through a vacation lodging service as that term is defined in §. See Tennessee Code 13-7-602
Proximate pyrotechnic display: means the use of pyrotechnic devices and materials, 1. See Tennessee Code 68-104-202
Proximate pyrotechnics: means pyrotechnic devices for professional use only, used outdoors or indoors, that are similar to consumer fireworks in chemical composition and construction, but that are not intended for consumer use, and that are defined by NFPA 1126 as 1. See Tennessee Code 68-104-202
PSAP: means a facility that has been designated to receive 911 phone calls and route them to emergency services personnel pursuant to §. See Tennessee Code 7-86-103
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public employee: means any person holding a position in public employment who has successfully completed the probationary period required by the agency in which such person is employed. See Tennessee Code 8-33-101
Public employer: means any government, department, or agency mentioned in subdivision (5) employing a public employee in a position. See Tennessee Code 8-33-101
Public employment: means employment by the government of this state, or of any county, municipality or other civil or political subdivision thereof, including any department or agency thereof. See Tennessee Code 8-33-101
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
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
Purse: means the financial guarantee or any other remuneration for which combatants are participating in a professional contest and includes the combatant's share of any payment received for radio broadcasting, television or motion picture rights. See Tennessee Code 68-115-102
Qualified civil liability action: means a civil action or proceeding or an administrative proceeding brought by a person against a manufacturer or seller of a qualified product for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by a person. See Tennessee Code 29-42-101
Qualified product: means :
(A) A firearm. See Tennessee Code 29-42-101
Quality control and quality assurance program: means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. See Tennessee Code 68-102-502
Quorum: The number of legislators that must be present to do business.
Ready-removable: means a structure without any foundation, footings, or other support mechanisms that allow a structure to be easily relocated but which may include electrical wiring. See Tennessee Code 68-126-303
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
Receiver: means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property. See Tennessee Code 29-40-102
Receivership: means a proceeding in which a receiver is appointed. See Tennessee Code 29-40-102
Receivership property: includes any proceeds, products, offspring, rents, or profits of or from the property. See Tennessee Code 29-40-102
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
Referee: means a person who is present in the ring during the professional contest and exercises general supervision. See Tennessee Code 68-115-102
Regular interest: means interest at such rate or rates compounded annually as may be set from time to time by the board of trustees in accordance with §. See Tennessee Code 8-34-101
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.
Rents: means :
(A) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person. See Tennessee Code 29-40-102
Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time. See Tennessee Code 68-102-502
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
Residential dwelling: means a cabin, house, or structure used or designed to be used as an abode or home of a person, family, or household, and includes a single-family dwelling, a portion of a single-family dwelling, or an individual residential dwelling in a multi-dwelling building, such as an apartment building, condominium, cooperative, or timeshare. See Tennessee Code 13-7-602
Resource inventory: means the tabulation of all equipment capable of performing telecommunications actions within, from, or to an emergency medical entity. See Tennessee Code 68-140-102
Responsible authority: means those entities set forth in §. See Tennessee Code 68-120-502
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retail dealer: means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. See Tennessee Code 68-102-502
Retail sale: has the meaning set forth in §. See Tennessee Code 7-86-103
Retailer: means any person engaged in the business of making retail sales of fireworks at any time during the year. See Tennessee Code 68-104-101
Retailer: means any person:
(i) Engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale. See Tennessee Code 68-126-202
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
Reviewing authority for applications: means that individual, or designated representative, capable of determining the validity of a request to any higher agency for a required permit or license. See Tennessee Code 68-140-102
Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
Ring official: means any person who performs any one (1) or more of the following official functions during the progress of a professional contest of unarmed combat:
(A) "Announcer" means a person authorized to act as an announcer at professional contests of unarmed combat. See Tennessee Code 68-115-102
Ringside physician: means a person licensed to practice medicine in this state and licensed by the commission as a ring official. See Tennessee Code 68-115-102
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
Run records: means ambulance run reports relative to a response by an ambulance service or invalid vehicle operator during which a patient is evaluated, treated or transported. See Tennessee Code 68-140-302
Sale: means an exchange of articles of fireworks for money and also includes barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesperson, agent, association, copartnership, or one (1) or more individuals. See Tennessee Code 68-104-101
Sale: means , in addition to its usual meaning, any sale, use, transfer, exchange, barter, gift or offer for sale and distribution, in any manner or by any means whatsoever. See Tennessee Code 68-102-502
Sales price: has the meaning set forth in §. See Tennessee Code 7-86-103
Sanctioning organization: means an organization recognized by the Tennessee athletic commission that sanctions amateur events of unarmed combat, and is required to comply with all provisions of this chapter. See Tennessee Code 68-115-102
Seasonal retailer: means any person engaged in the business of making retail sales of fireworks within this state from June 20 through July 5 and December 10 through January 2 of each year. See Tennessee Code 68-104-101
Secretary: means the secretary of the United States department of housing and urban development. See Tennessee Code 68-126-202
Secured obligation: means an obligation the payment or performance of which is secured by a security agreement. See Tennessee Code 29-40-102
Security agreement: means an agreement that creates or provides for a lien. See Tennessee Code 29-40-102
Seed: means agricultural seeds that are used to produce crops, including "agricultural seed" as defined in §. See Tennessee Code 43-31-102
Sell: means to sell, or to offer or agree to sell. See Tennessee Code 68-102-502
Seller: means a person engaged in the business of selling a qualified product at wholesale or retail in this state. See Tennessee Code 29-42-101
Seller: includes a retailer, wholesaler, or distributor, and means any individual or entity engaged in the business of selling a product, whether such sale is for resale, or for use or consumption. See Tennessee Code 29-28-102
Service: means the provision of organized response by ambulances or emergency response vehicles, or the provision of emergency care on an organized basis. See Tennessee Code 68-140-302
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.
Service retirement date: means the date on which a member first becomes eligible for a service retirement allowance, or would first become eligible for a service retirement allowance if the member were to remain in service until such date, as provided in §. See Tennessee Code 8-34-101
Set up: means installation of the manufactured home according to the manufacturer's installation instructions or those provided in §. See Tennessee Code 68-126-202
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.
Sewerage system: means all or any part of the following:
(A) The collecting system. See Tennessee Code 7-35-401
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
Show settlement: means the period of time immediately following the professional contest in which a commission member or the executive director shall meet with venue personnel and the contest promoter to review ticket sales and collect fees due if paid immediately following the professional contest. See Tennessee Code 68-115-102
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
Significant duties: means that the duties are useful in the accomplishment of a job or the operation of a business but also that they have a degree of economic value. See Tennessee Code 8-34-101
Small business: means a business entity that is:
(i) A natural person who is licensed by one (1) or more state agencies or boards and whose claim under this chapter arises from such licensing, but the person shall not have a net worth of more than three hundred thousand dollars ($300,000) at the time the civil action is filed. See Tennessee Code 29-37-103
Social Security Act: means the act of congress approved August 14, 1935, chapter 531, 49 Stat. See Tennessee Code 8-38-101
Social security integration level: means , with respect to the calendar year in which a member retires, the average annual amount of compensation with respect to which old age and survivors benefits would be provided under Title II of the Federal Social Security Act (42 U. See Tennessee Code 8-34-101
Special fireworks: means :
(A) All articles of fireworks that are classified as Class B explosives in the regulations of the United States department of transportation. See Tennessee Code 68-104-101
Specified illegal drug: means cocaine, heroin, or methamphetamine, or any other drug the distribution of which is a violation of state law. See Tennessee Code 29-38-104
Sponsor: means any person or organization that contracts with a licensed exhibitor or certified operator to perform a fireworks display, proximate pyrotechnic display, flame effect display or any combination of these displays. See Tennessee Code 68-104-202
State: means the state of Tennessee. See Tennessee Code 68-140-302
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 29-40-102
State: includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state. See Tennessee Code 31-7-102
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 entity of the state as defined in §. See Tennessee Code 29-37-103
State agency: means the state old age and survivors insurance agency. See Tennessee Code 8-38-101
State annuity: means annual payments for life derived from contributions by an employer. See Tennessee Code 8-34-101
State employee: means any person who is a state official, including members of the general assembly, the attorney general and reporter, district attorneys general, state judges, and district public defenders, or any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal or other funds. See Tennessee Code 8-36-902
State judge: has the meaning set forth in §. See Tennessee Code 8-36-902
State judge: means any person in office as a judge of a court of record in this state, whose salary for the judge's judicial position has been paid during the period of the judge's service wholly from the treasury of the state, including the administrative director of the courts. See Tennessee Code 8-34-101
State police officer: means any commissioned member of the department of safety, and any agent of the Tennessee bureau of investigation. See Tennessee Code 8-34-101
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.
Structure: means any building or improvement and its components, systems, fixtures, and appurtenances at the time of completion or construction. See Tennessee Code 68-126-303
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.
Substantial gainful activity: means the performance of significant duties over a reasonable period of time of work for remuneration or profit or in work of a type generally performed for remuneration or profit. See Tennessee Code 8-34-101
Summons: Another word for subpoena used by the criminal justice system.
Superseded system: means , where applicable, the Tennessee state retirement system, the Tennessee teachers' retirement system, the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system, and the Tennessee retirement system for county officials, any one (1) of them, or any combination thereof. See Tennessee Code 8-34-101
Supplier: means a person who furnishes agricultural production inputs. See Tennessee Code 43-31-102
TBI coordinator: means the person designated by the commissioner pursuant to §. See Tennessee Code 68-55-101
Teacher: has the meaning set forth in §. See Tennessee Code 8-36-902
Telecommunications: means those voice, data, and signaling transmissions and receptions between emergency medical service entities, including, but not limited to, ambulances, rescue vehicles, hospitals or other related emergency receiving facilities, emergency communications centers, physicians and emergency medical personnel, paging facilities, law enforcement agencies, fire control agencies, poison control centers, suicide prevention agencies, and disaster control centers. See Tennessee Code 68-140-102
Telecommunications resource coordination center: means that urban center of population within an emergency medical service area providing the facilities and manpower to maintain telecommunications contact, on a continuous basis, with other emergency medical entities within the emergency medical service area. See Tennessee Code 68-140-102
Telephone system: includes a multiline telephone system and any equivalent system that utilizes IP-enabled services. See Tennessee Code 7-86-402
Temporary employment: means any general employee can be considered as a temporary employee for a period not to exceed six (6) months before becoming eligible for membership in the retirement system, except as provided in §. See Tennessee Code 8-34-101
Terminal condition: means any disease, illness, injury or condition, including, but not limited to, a coma or persistent vegetative state, sustained by any human being, from which there is no reasonable medical expectation of recovery and that, as a medical probability, will result in the death of the human being, regardless of the use or discontinuance of medical treatment implemented for the purpose of sustaining life, or the life processes. See Tennessee Code 32-11-103
Testate: To die leaving a will.
Testator: A male person who leaves a will at death.
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.
Toxic: includes any substance that, when ingested, inhaled or absorbed through the skin, has the capacity to produce personal injury or illness. See Tennessee Code 68-131-303
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.
Transferred: means :
(A) An interest in real estate was conveyed on or after May 17, 2018. See Tennessee Code 13-7-602
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust: means :
(A) An express trust, charitable or noncharitable, with additions thereto, whenever and however created. See Tennessee Code 31-7-102
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Unarmed combat: means and includes boxing, mixed martial arts and kickboxing as defined and regulated under this chapter. See Tennessee Code 68-115-102
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}
unit: means a residential dwelling that is rented wholly or partially for a fee for a period of less than thirty (30) continuous days and does not include a hotel as defined in §. See Tennessee Code 13-7-602
United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Unreasonably dangerous: means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics, or that the product because of its dangerous condition would not be put on the market by a reasonably prudent manufacturer or seller, assuming that the manufacturer or seller knew of its dangerous condition. See Tennessee Code 29-28-102
Used as a short-term rental unit: means the property was held out to the public for use as a short-term rental unit, and:
(A) For property that began being held out to the public for use as a short-term rental unit within the jurisdiction of a local governing body that required a permit to be issued or an application to be approved pursuant to an ordinance specifically governing short-term rental units prior to using the property as a short-term rental unit, a permit was issued or an application was approved by the local governing body for the property. See Tennessee Code 13-7-602
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Vessel: means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water. See Tennessee Code 68-102-601
Volunteer personnel: means persons who provide emergency care without expectation of remuneration who do not receive payment for services rendered, and who do not depend on the provision of emergency care for their livelihood or a substantial portion of their livelihood. See Tennessee Code 68-140-302
Wages: means all remuneration for employment, regardless of the medium in which paid, which would constitute wages within the meaning of the Social Security Act, as amended. See Tennessee Code 8-38-101
Watercraft: means a vessel that is propelled by machinery, whether or not such machinery is the principal source of propulsion. See Tennessee Code 68-102-601
Wholesale dealer: means any person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains one (1) or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person. See Tennessee Code 68-102-502
Wholesaler: means any person engaged in the business of making sales of fireworks to a seasonal retailer. See Tennessee Code 68-104-101
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
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
youth athletic activity: means an athletic activity organized by a city, county, business or nonprofit organization where the majority of the participants are under eighteen (18) years of age, and are engaging in an organized athletic game or competition against another team, club or entity or in practice or preparation for an organized game or competition against another team, club or entity. See Tennessee Code 68-55-501

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