Subpart A General Provisions
Subpart B Enforcement
Subpart C Administrative Proceedings

Terms Used In 29 CFR Part 501

  • act: means the Federal Food, Drug, and Cosmetic Act. See 21 CFR 700.3
  • Act: means the Public Health Service Act, as amended (42 U. See 42 CFR 52h.2
  • Act: refers to the Privacy Act of 1974. See 10 CFR 1304.102
  • Act: means the Public Health Service Act, as amended (42 U. See 42 CFR 52i.2
  • Agency: means any executive department, military department, government corporation, or other establishment in this executive branch of the Federal Government, including the Executive Office of the President or any independent regulatory agency. See 10 CFR 1304.102
  • Agent: A legal entity or person, such as an association of agricultural employers, or an attorney for an association, that:

    (1) Is authorized to act on behalf of the employer for temporary agricultural labor certification purposes. See 29 CFR 501.3

  • Agricultural association: Any nonprofit or cooperative association of farmers, growers, or ranchers (including but not limited to processing establishments, canneries, gins, packing sheds, nurseries, or other similar fixed-site agricultural employers), incorporated or qualified under applicable State law, that recruits, solicits, hires, employs, furnishes, houses, or transports any worker that is subject to 8 U. See 29 CFR 501.3
  • Agriculture: For purposes of paragraph (b) of this section, agriculture means farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in 1141j(g) of title 12, the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market. See 29 CFR 501.3
  • 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.
  • 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.
  • Area of intended employment: The geographic area within normal commuting distance of the place of the job opportunity for which the certification is sought. See 29 CFR 501.3
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Awarding official: means the Secretary of Health and Human Services and any other officer or employee of the Department of Health and Human Services to whom the authority involved has been delegated. See 42 CFR 52h.2
  • Center for Biologics Evaluation and Research: means Center for Biologics Evaluation and Research of the Food and Drug Administration. See 21 CFR 600.3
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract proposal: means a written offer to enter into a contract that is submitted to the appropriate agency official by an individual or nonfederal organization which includes, at a minimum, a description of the nature, purpose, duration, and cost of the project, and the methods, personnel, and facilities to be utilized in carrying it out. See 42 CFR 52h.2
  • 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.
  • Corresponding employment: The employment of workers who are not H-2A workers by an employer who has an approved H-2A Application for Temporary Employment Certification in any work included in the job order, or in any agricultural work performed by the H-2A workers. See 29 CFR 501.3
  • cosmetic product: means a finished cosmetic the manufacture of which has been completed. See 21 CFR 700.3
  • Date of need: The first date the employer requires the services of H-2A workers as indicated in the Application for Temporary Employment Certification. See 29 CFR 501.3
  • Days: means standard working days, excluding weekends and federal holidays. See 10 CFR 1304.102
  • Development: means the systematic use of knowledge gained from research to create useful materials, devices, systems, or methods. See 42 CFR 52h.2
  • DHHS: means the Department of Health and Human Services. See 42 CFR 52h.2
  • Director: means the Director, NIMHD, of the National Institutes of Health. See 42 CFR 52i.2
  • Employee: A person who is engaged to perform work for an employer, as defined under the general common law of agency. See 29 CFR 501.3
  • Employer: A person (including any individual, partnership, association, corporation, cooperative, firm, joint stock company, trust, or other organization with legal rights and duties) that:

    (1) Has a place of business (physical location) in the U. See 29 CFR 501.3

  • Endowment fund: means a fund that is established by state law, by an institution, or by a foundation associated with an institution that is exempt from taxation and is maintained for the purpose of generating income for the support of minority and health disparities research or research training if the funds are from a grant made under section 464z-3 of the Act. See 42 CFR 52i.2
  • Endowment fund corpus: means an amount equal to the total grant funds awarded under this part or equal to the amount designated as endowment under section 464z-4 of the Act. See 42 CFR 52i.2
  • Endowment fund income: means the income generated from investing the corpus, i. See 42 CFR 52i.2
  • Establishment: means a place of business where cosmetic products are manufactured or packaged. See 21 CFR 700.3
  • 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.
  • Executive Director: means the chief operating officer of the Board. See 10 CFR 1304.102
  • Fixed-site employer: Any person engaged in agriculture who meets the definition of an employer, as those terms are defined in this part, who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed, nursery, or other similar fixed-site location where agricultural activities are performed and who recruits, solicits, hires, employs, houses, or transports any worker subject to 8 U. See 29 CFR 501.3
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Health disparities research: means basic, clinical, and behavioral research on health disparity populations (including individual members and communities of such populations) that relates to health disparities, including the causes of such disparities and methods to prevent, diagnose, and treat such disparities. See 42 CFR 52i.2
  • Individual: means any citizen of the United States or an alien lawfully admitted for permanent residence. See 10 CFR 1304.102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Job opportunity: Full-time employment at a place in the U. See 29 CFR 501.3
  • Job order: The document containing the material terms and conditions of employment that is posted by the SWA on its inter- and intra-state job clearance systems based on the employer's Form ETA-790, as submitted to the SWA. See 29 CFR 501.3
  • Joint employment: Where two or more employers each have sufficient definitional indicia of an employer to be considered the employer of a worker, those employers will be considered to jointly employ that worker. See 29 CFR 501.3
  • 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.
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Logging employment: Operations associated with felling and moving trees and logs from the stump to the point of delivery, such as, but not limited to, marking danger trees and trees/logs to be cut to length, felling, limbing, bucking, debarking, chipping, yarding, loading, unloading, storing, and transporting machines, equipment and personnel to, from and between logging sites. See 29 CFR 501.3
  • Lot: means that quantity of uniform material identified by the manufacturer as having been thoroughly mixed in a single vessel. See 21 CFR 600.3
  • Maintain: means to collect, use, store, or disseminate records as well as any combination of these recordkeeping functions. See 10 CFR 1304.102
  • Manufacture: means all steps in propagation or manufacture and preparation of products and includes but is not limited to filling, testing, labeling, packaging, and storage by the manufacturer. See 21 CFR 600.3
  • Manufacturer: means any legal person or entity engaged in the manufacture of a product subject to license under the act. See 21 CFR 600.3
  • 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.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • 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.
  • Peer review group: means a group of primarily nongovernment experts qualified by training and experience in particular scientific or technical fields, or as authorities knowledgeable in the various disciplines and fields related to the scientific areas under review, to give expert advice on the scientific and technical merit of grant applications or contract proposals, or the concept of contract projects, in accordance with this part. See 42 CFR 52h.2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Products: includes biological products and trivalent organic arsenicals. See 21 CFR 600.3
  • Project approach: means the methodology to be followed and the resources needed in carrying out the project. See 42 CFR 52h.2
  • Project concept: means the basic purpose, scope, and objectives of the project. See 42 CFR 52h.2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Record: means any item, collection, or grouping of information about an individual that is maintained by the Board and contains the individual's name or other identifying information, such as a number or symbol assigned to the individual or his or her fingerprint, voice print, or photograph. See 10 CFR 1304.102
  • Request for proposals: means a Government solicitation to prospective offerors, under procedures for negotiated contracts, to submit a proposal to fulfill specific agency requirements based on terms and conditions defined in the request for proposals. See 42 CFR 52h.2
  • Secretary: means the Secretary of Health and Human Services and any other officer or employee of the Department of Health and Human Services to whom the authority involved has been delegated. See 42 CFR 52i.2
  • 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.
  • Statute: A law passed by a legislature.
  • Successor in interest: Where an employer has violated 8 U. See 29 CFR 501.3
  • System of records: means a group of records under the control of the Board from which information is retrievable by use of the name of the individual or by some number, symbol, or other identifying particular assigned to the individual. See 10 CFR 1304.102
  • Temporary agricultural labor certification: Certification made by the OFLC Administrator with respect to an employer seeking to file with DHS a visa petition to employ one or more foreign nationals as an H-2A worker, pursuant to 8 U. See 29 CFR 501.3
  • Testify: Answer questions in court.
  • 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.
  • Wages: All forms of cash remuneration to a worker by an employer in payment for personal services. See 29 CFR 501.3
  • WHD Administrator: The Administrator of the Wage and Hour Division (WHD), and such authorized representatives as may be designated to perform any of the functions of the WHD Administrator under this part. See 29 CFR 501.3
  • Work contract: All the material terms and conditions of employment relating to wages, hours, working conditions, and other benefits, including those required by 8 U. See 29 CFR 501.3