Terms Used In Tennessee Code > Title 5 > Chapter 19 - Garbage and Rubbish Collection and Disposal Services

• Abortion: means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Tennessee Code 37-10-302
• 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.
• 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
• Agency: means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases. See Tennessee Code 4-5-102
• Agency: means any municipality or county. See Tennessee Code 38-8-301
• 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.
• Animal: means a domesticated living creature or a wild creature previously captured. See Tennessee Code 38-1-401
• Antepartal: means occurring during pregnancy. See Tennessee Code 63-29-102
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• assistant: means any person certified as such pursuant to this chapter, who has:
  (A) Received on-the-job training equivalent to at least one thousand (1,000) hours of clinical training in respiratory care, during an eighteen (18) consecutive month period. See Tennessee Code 63-27-102
• Athletic injury: means any injury sustained by a person as a result of such person's participation in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina, or comparable athletic injury that prevents such person from participating in such activities. See Tennessee Code 63-24-101
• Athletic trainer: means a person with specific qualifications as set forth in this chapter, who, upon the advice, consent and oral or written prescriptions or referrals of a physician licensed under this title, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries, and, in carrying out these functions the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. See Tennessee Code 63-24-101
• auxiliary police officer: means any person employed by any municipality or any political subdivision of the state of Tennessee whose primary responsibility is to support the full-time police officer in the prevention and detection of crime, apprehension of offenders, and assisting in the prosecution of offenders for appropriate remuneration in measure with specifically assigned duties or job description. See Tennessee Code 38-8-101
• Board: means the board of examiners for nursing home administrators. See Tennessee Code 63-16-101
• Board: means the massage licensure board. See Tennessee Code 63-18-102
• Board: means the board of athletic trainers. See Tennessee Code 63-24-101
• Board: means the board of dietitian/nutritionist examiners. See Tennessee Code 63-25-103
• Board: means the board of respiratory care. See Tennessee Code 63-27-102
• Board: means the board of medical examiners, created by chapter 6 of this title. See Tennessee Code 63-28-102
• Board: means the board of osteopathic examiners of the department of health to which the council of certified professional midwifery reports. See Tennessee Code 63-29-102
• Board: means the board of medical examiners. See Tennessee Code 63-31-101
• Campus police officer: means a person commissioned by an employing institution and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms in accordance with §. See Tennessee Code 38-8-101
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Certified respiratory therapist: means any person who has obtained the credential "certified respiratory therapist" (CRT) or the credential "certified respiratory therapy technician" (CRTT) from the National Board for Respiratory Care. See Tennessee Code 63-27-102
• Child: means any person under twenty-one (21) years of age. See Tennessee Code 37-10-201
• Choke hold: means an intentional use of pressure or constriction to the neck, throat, or windpipe intended to inhibit breathing. See Tennessee Code 38-8-101
• 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
• Commissioner: means the commissioner of children's services. See Tennessee Code 37-5-103
• Commissioner: means the commissioner of health and includes designees of the commissioner of health. See Tennessee Code 63-26-102
• Commissioner: means the commissioner of health or the commissioner's designee. See Tennessee Code 63-30-102
• Committee: means the committee for clinical perfusion. See Tennessee Code 63-28-102
• Committee: means the polysomnography professional standards committee established by §. See Tennessee Code 63-31-101
• 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.
• Compensation: means the payment, loan, advance, donation, contribution, deposit or gift of money or anything of value. See Tennessee Code 63-18-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consultation: means exchange of information and advice regarding the client condition and indicated treatment with a physician. See Tennessee Code 63-29-102
• 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.
• Council: means the council of certified professional midwifery. See Tennessee Code 63-29-102
• County: means any county or any metropolitan form of government in this state having a population of two hundred thousand (200,000) or more, according to the 1980 federal census or any subsequent federal census, that by resolution has made the findings and determinations required by §. See Tennessee Code 7-60-103
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• CPM-TN: means certified professional midwife in Tennessee. See Tennessee Code 63-29-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• 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 63-25-103
• Department: means the department of commerce and insurance. See Tennessee Code 38-1-601
• Department: means the department of health. See Tennessee Code 63-29-102
• Department: means the department of health. See Tennessee Code 63-30-102
• Dependent: A person dependent for support upon another.
• 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.
• Devise: To gift property by will.
• Direct supervision: means that the polysomnographic technologist providing supervision must be present in the area where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure. See Tennessee Code 63-31-101
• 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:
• Division: means the division of health related boards in the department of health. See Tennessee Code 63-16-101
• Division: means the division of health related boards within the department. See Tennessee Code 63-25-103
• Division: means the division of health related boards as defined by §. See Tennessee Code 63-27-102
• Division: means the division of health related boards. See Tennessee Code 63-28-102
• Division: means the division of health-related boards in the department of health. See Tennessee Code 63-30-102
• Donor: The person who makes a gift.
• Electrologist: means any person practicing electrolysis for the permanent removal of hair. See Tennessee Code 63-26-102
• Electrology: means the art and practice relating to the removal of hair from the normal skin of the human body by application of an electric current to the hair papilla by means of a needle or needles so as to cause growth inactivity of the hair papilla and thus permanently remove the hair. See Tennessee Code 63-26-102
• Electrology instructor: means an electrologist who is licensed by the commissioner to practice and teach electrology. See Tennessee Code 63-26-102
• Electrolysis: means the process by which the hair is removed from the normal skin by the application of an electric current to the hair root by means of a needle or needles, whether the process employs direct electric current or short wave alternating electric current or combination of both, or by FDA approved laser beam process designated for permanent hair removal. See Tennessee Code 63-26-102
• 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.
• Extracorporeal circulation: means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidneys, liver or other organs. See Tennessee Code 63-28-102
• 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.
• Full-time police officer: means any person employed by any municipality or political subdivision of the state of Tennessee whose primary responsibility is the prevention and detection of crime, and the apprehension of offenders, and whose primary source of income is derived from employment as a police officer. See Tennessee Code 38-8-101
• Garbage and rubbish collection service: means and includes all operations of all manpower and equipment, whether employed or owned by the county or by some other entity, public or private, with which the county may choose to contract, for the gathering, removal and transporting of refuse produced by the area to be served. See Tennessee Code 5-19-102
• Garbage and rubbish disposal service: means and includes all composting or other processing plants, incinerators, sanitary landfills and all other sites or facilities for the receiving, processing and getting rid of collected refuse, whether publicly or privately owned or operated, or both. See Tennessee Code 5-19-102
• General supervision: means that the polysomnographic procedure is provided under a physician's overall direction and control, but the physician's presence is not required during the performance of the procedure. See Tennessee Code 63-31-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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,
• 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.
• 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: means residential housing, including real property and improvements on real property, consisting of one (1) or more dwelling units, including, but not limited to, condominium units, owned by one (1) person or family of lower or moderate income that occupies or intends to occupy one (1) of such units. See Tennessee Code 7-60-103
• Home mortgage: means an interest-bearing loan to a person or family of lower or moderate income for the purpose of purchasing or improving a home, constituting a first lien on real property and evidenced by a promissory note and secured by a mortgage, deed of trust or other security instrument on such home, but does not include a loan primarily for the purpose of refinancing an existing loan. See Tennessee Code 7-60-103
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Intrapartal: means occurring during the process of giving birth. See Tennessee Code 63-29-102
• 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.
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: includes the whole or part of any agency, permit, certificate, approval, registration, charter or similar form of permission required by law. See Tennessee Code 4-5-102
• Licensed clinical perfusionist: means a person licensed pursuant to this chapter. See Tennessee Code 63-28-102
• 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
• Massage establishment: means a place of business held out to the public wherein massage is practiced. See Tennessee Code 63-18-102
• Massage therapist: means a person who practices massage for compensation and is licensed by the board. See Tennessee Code 63-18-102
• Midwife: means a person who is trained to give the necessary care and advice to women during pregnancy, labor, and the post-birth period, to conduct normal deliveries on the midwive's own responsibility and to care for the newly born infant. See Tennessee Code 63-29-102
• Midwifery: means the practice of attending low-risk women during pregnancy, labor and the post-birth period with the informed consent of the mother. See Tennessee Code 63-29-102
• Minor: means any person under eighteen (18) years of age. See Tennessee Code 37-10-302
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Missing child: means a child who is believed to have been removed by force, persuasion, trick, enticement, false pretense, has voluntarily left the custody of such child's parent without permission or is absent for unexplained or unknown reasons. See Tennessee Code 37-10-201
• 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.
• NARM: means the North American Registry of Midwives. See Tennessee Code 63-29-102
• 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.
• notes: means the bonds and notes respectively authorized to be issued by counties under this chapter. See Tennessee Code 7-60-103
• Nursing home: means any institution or facility defined as such pursuant to Tennessee state law or the rules and regulations for nursing homes promulgated by the department. See Tennessee Code 63-16-101
• Nursing home administrator: means any individual responsible for planning, organizing, directing or controlling the operation of a nursing home or who in fact performs such functions, whether or not such functions are shared by one (1) or more other people. See Tennessee Code 63-16-101
• 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.
• Order: means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of a specific person or persons. See Tennessee Code 4-5-102
• Other governing body: means only that body having the taxing authority. See Tennessee Code 5-19-102
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: includes corporations as well as individuals. See Tennessee Code 38-1-401
• Parent: means a natural or adoptive parent, guardian, or person or organization standing in a loco parentis position by virtue of an order of a court. See Tennessee Code 37-10-201
• 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.
• Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See Tennessee Code 4-5-102
• Perfusion: means the functions necessary for the support, treatment, measurement or supplementation of the cardiovascular, circulatory or respiratory systems, or other organs, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and under the supervision of a licensed physician, including:
  (A) The use of extracorporeal circulation, long-term cardiopulmonary support techniques including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation and associated therapeutic and diagnostic technologies. See Tennessee Code 63-28-102
• Perfusion protocols: means perfusion-related policies and protocols developed or approved by a licensed health care facility or a physician through collaboration with administrators, licensed clinical perfusionists and other health care professionals. See Tennessee Code 63-28-102
• Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, including another agency. See Tennessee Code 4-5-102
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• 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
• Physician: means a person who is duly licensed in the state of Tennessee to practice medicine by the state board of medical examiners or to practice osteopathy by the board. See Tennessee Code 63-29-102
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Police officer: means police officer as defined by law. See Tennessee Code 38-8-301
• Policy: means any statement, document, or guideline prepared or issued by any agency pursuant to its delegated authority that merely defines or explains the meaning of a statute or a rule. See Tennessee Code 4-5-102
• Polysomnographic technologist: means a person who is credentialed by the board of registered polysomnographic technologists and is licensed by the board to engage in the practice of polysomnography under the general supervision of a licensed physician. See Tennessee Code 63-31-101
• Postpartal: means occurring subsequent to birth. See Tennessee Code 63-29-102
• Practice of nursing home administration: means the planning, organizing, directing or controlling the operation of a nursing home. See Tennessee Code 63-16-101
• Practice of polysomnography: means the staging and scoring of sleep by continuous and simultaneous monitoring of the stages of sleep and wake through use of an electroencephalogram (EEG), an electroculogram (EOG) and a submental electromyogram (EMG), in conjunction with the recording and monitoring of other physiological variables, and the assignment of values for duration, frequency and type of event to each stage of sleep in which the event occurred. See Tennessee Code 63-31-101
• Practice of respiratory care: includes , under the supervision, control and responsibility of a licensed physician:
  (a) The administration of pharmacologic agents and medical gasses necessary to diagnose, implement treatment, promote disease prevention, and provide rehabilitation to the cardiorespiratory system. See Tennessee Code 63-27-102
• 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.
• Private special deputy: means a person who is employed and compensated by a resort area owner or management company to act as security and law enforcement for the resort area and whose qualifications and training requirements are equivalent to or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers. See Tennessee Code 38-8-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Provisional licensed clinical perfusionist: means a person provisionally licensed pursuant to this chapter. See Tennessee Code 63-28-102
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public safety officer: means a person who, in addition to being a commissioned campus police officer under §. See Tennessee Code 38-8-101
• Publication: means a posting of materials on the appropriate website by the secretary of state that have been submitted in accordance with this chapter or any other information for which the secretary of state is responsible. See Tennessee Code 4-5-102
• Purposes of this chapter: means ameliorating the deterioration of counties by preserving and expanding employment opportunities in the construction and related industries and the tax base of counties by undertaking or assisting in the financing of home mortgages for persons and families of lower and moderate income. See Tennessee Code 7-60-103
• Quorum: The number of legislators that must be present to do business.
• Racial profiling: means the detention or interdiction of an individual in traffic contacts, field contacts, or asset seizure and forfeiture efforts solely on the basis of the individual's actual or perceived race, color, ethnicity, or national origin. See Tennessee Code 38-1-502
• 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
• reflexologist: means any person who engages in the practice of reflexology for compensation and who has completed a study of the principles of reflexology, anatomy and physiology generally included in a regular course of study of reflexology. See Tennessee Code 63-30-102
• Reflexology: means the application of specific pressures to reflex points in the hands and feet only. See Tennessee Code 63-30-102
• Registered respiratory therapist: means any person who has obtained the credential "registered respiratory therapist" (RRT) from the National Board for Respiratory Care. See Tennessee Code 63-27-102
• Registration: means satisfying the requirements for registration by the department of health. See Tennessee Code 63-30-102
• 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
• Respiratory care practitioner: means a registered respiratory therapist, a certified respiratory therapist, or a respiratory assistant licensed under this chapter. See Tennessee Code 63-27-102
• Rule: includes the establishment of a fee and the amendment or repeal of a prior rule. See Tennessee Code 4-5-102
• School: means an electrology school teaching the art of electrology. See Tennessee Code 63-26-102
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• 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
• Single state agency: means the department of health. See Tennessee Code 63-16-101
• Sleep-related services: means acts performed by polysomnographic technicians, polysomnographic trainees, polysomnographic students, and other persons permitted to perform those services under this chapter, in a setting described in subdivision (9)(C) that would be considered the practice of polysomnography if performed by a polysomnographic technologist. See Tennessee Code 63-31-101
• Special deputy: means any person who is assigned specific police functions as to the prevention and detection of crime and general laws of this state on a volunteer basis, whether working alone or with other police officers. See Tennessee Code 38-8-101
• State: means the state of Tennessee. See Tennessee Code 7-60-103
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Wireless telecommunications service provider: means a provider of commercial mobile radio service as defined by 47 C. See Tennessee Code 38-1-601
• 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