Article 1 General Provisions 12-15-101 – 12-15-144
Article 2 Delinquency and Children in Need of Supervision 12-15-201 – 12-15-221
Article 3 Dependency and Termination of Parental Rights 12-15-301 – 12-15-324
Article 4 Involuntary Commitment of Minors or Children 12-15-401 – 12-15-413
Article 5 Multiple Needs Child Provisions 12-15-501 – 12-15-509
Article 6 Appeals 12-15-601
Article 7 Sexual Exploitation of Child. 12-15-701

Terms Used In Alabama Code > Title 12 > Chapter 15

  • administrator: The Secretary of the Department of Labor or his or her designee. See Alabama Code 45-37-60.10
  • adult: An individual 19 years of age or older. See Alabama Code 45-36-248
  • ADVISORY COMMITTEE: A local committee which may consist of the following members or their designees:

    a. See Alabama Code 45-2-182

  • 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.
  • aftercare: Conditions and supervision as the juvenile court orders after release from the Department of Youth Services. See Alabama Code 45-36-248
  • agency: when used in reference to an office of a foreign bank, shall have the same meaning as is set forth in Section 1(b)(1) of the Federal International Banking Act (12 U. See Alabama Code 45-8-82.22
  • agreement: Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier. See Alabama Code 45-37-21.03
  • Alabama representative office: shall mean any such office that is located in this state. See Alabama Code 45-8-82.22
  • Alabama state agency: when used in reference to an office of a foreign bank, shall mean an agency of a foreign bank that is located in this state and licensed pursuant to the provisions of Division 3 of this article. See Alabama Code 45-8-82.22
  • Alabama state branch: when used in reference to an office of a foreign bank, shall mean a branch of a foreign bank that is located in this state and licensed pursuant to the provisions of Division 3 of this article. See Alabama Code 45-8-82.22
  • Allegation: something that someone says happened.
  • ANCILLARY BUSINESS: A business owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers. See Alabama Code 45-37-21.03
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • assessment: A diagnostic evaluation for placement in a treatment program which shall be performed in accordance with criteria certified by the Department of Mental Health, Substance Abuse Services Division. See Alabama Code 45-2-182
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • authority: The public corporation organized pursuant to the provisions of this chapter under the name Alabama Port Authority. See Alabama Code 16-60-339
  • authority: The Jackson County Water Authority, a public corporation organized pursuant to this part. See Alabama Code 45-36-252
  • AUTOMATED PEOPLE MOVER: An installation as defined as an automated people mover in ASCE 21. See Alabama Code 45-37-60.10
  • AVIATION GASOLINE: Motor fuel designed for use in the operation of aircraft other than jet aircraft, and sold or used for that purpose. See Alabama Code 45-17-231.20
  • 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.
  • bank: as used in this article shall not in any event include a foreign bank or a branch or agency of a foreign bank. See Alabama Code 45-8-82.22
  • bank supervisory agency: means :

    (1) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to these agencies;

    (2) Any agency of another state with primary responsibility for chartering and supervising banks; and

    (3) Any agency of a country, including any colonies, dependencies, possessions, or political subdivisions thereof, other than the United States. See Alabama Code 45-8-82.22

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • board: The board of directors of the authority. See Alabama Code 16-60-339
  • board: The Alabama Board of Agriculture and Industries. See Alabama Code 45-17-231.20
  • board: The Board of Directors of the Alabama Local Government Training Institute. See Alabama Code 45-35-244
  • board: The Board of Directors of the Jackson County Water Authority. See Alabama Code 45-36-252
  • board: The board of directors of the authority. See Alabama Code 45-37-91.01
  • board: The Board of Boilers and Pressure Vessels. See Alabama Code 45-37-40.05
  • board: The Elevator Safety Review Board. See Alabama Code 45-37-60.10
  • boiler: shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. See Alabama Code 45-37-40.05
  • bonds: The bonds issued under the provisions of this chapter. See Alabama Code 16-60-339
  • bonds: Bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-36-252
  • branch: when used in reference to an office of a foreign bank, shall have the same meaning as set forth in Section 1(b)(3) of the Federal International Banking Act (12 U. See Alabama Code 45-8-82.22
  • brand: The trade name or other designation under which a particular petroleum product is sold, offered for sale, or otherwise identified. See Alabama Code 45-17-231.20
  • BULK TRANSFER: Any transfer of motor fuel from one location to another by pipeline tender or marine delivery within a bulk transfer/terminal system, including, but not limited to, the following:

    a. See Alabama Code 45-17-231.20

  • BULK USER: A person who receives into his or her own storage facilities, in transport truck lots, taxable motor fuel for his or her own consumption. See Alabama Code 45-17-231.20
  • bureau: The public corporation for which this part provides. See Alabama Code 45-37-91.01
  • Capital offense: A crime punishable by death.
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • CERTIFICATE OF INSPECTION: An inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Section 25-12-15 may be issued. See Alabama Code 45-37-40.05
  • CERTIFICATE OF OPERATION: A document issued by the administrator that indicates that the conveyance has had the required safety inspection and tests, and fees have been paid as set forth in this chapter. See Alabama Code 45-37-60.10
  • Chambers: A judge's office.
  • charge: As defined in Section 12-25-32(13). See Alabama Code 45-2-182
  • child: An individual under the age of 18 years, or under 21 years of age and before the juvenile court for a delinquency matter arising before that individual's 18th birthday. See Alabama Code 45-36-248
  • CHILD IN NEED OF SUPERVISION: A child who has been adjudicated by a juvenile court for doing any of the following and who is in need of care, rehabilitation, or supervision:

    a. See Alabama Code 45-36-248

  • CLAIM INFORMATION: Data related to whether an individual is receiving, has received, or has made application for unemployment compensation, the amount of such compensation being received or to be received by the individual, and the individual's current or most recent home address. See Alabama Code 45-37-21.08
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • client: A person or entity that enters into a professional employer agreement with a professional employer organization, including a worksite employer. See Alabama Code 45-37-91.05
  • CO-OCCURRING: A substance abuse and mental health disorder. See Alabama Code 45-2-182
  • commission: The citizens supervisory commission. See Alabama Code 45-37-121
  • commissioner: The Alabama Commissioner of Agriculture and Industries. See Alabama Code 45-17-231.20
  • commissioner: The Commissioner of the State of Alabama, Department of Human Resources. See Alabama Code 45-37-21.08
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • CONTINUUM OF CARE: A seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency. See Alabama Code 45-2-182
  • CONTROLLING PERSON: Any of the following:

    a. See Alabama Code 45-37-91.05

  • conveyance: Any elevator, dumbwaiter, escalator, moving sidewalk, platform lifts, stairway chairlifts, and automated people movers. See Alabama Code 45-37-60.10
  • county: Jackson County. See Alabama Code 45-36-252
  • county: Any county to which this part applies. See Alabama Code 45-37-91.01
  • county: A county within the population class prescribed by this part. See Alabama Code 45-37-121
  • COUNTY COMMISSION: The governing body as created in Section 11-3-1 and each county governing body created by local act. See Alabama Code 45-35-244
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • COVERED EMPLOYEE: An individual having a relationship with a professional employer organization and a client who meets all of the following criteria:

    a. See Alabama Code 45-37-91.05

  • Cross examine: Questioning of a witness by the attorney for the other side.
  • CUSTODIAN OF RECORDS: The person within the Department of Labor authorized to maintain the data collected under this chapter, including, but not limited to, all employment hiring data entered into the State Directory of New Hires, wage information, and unemployment claim and compensation information. See Alabama Code 45-37-21.08
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • DELINQUENT ACT: An act committed by a child that is designated a violation, misdemeanor, or felony offense pursuant to the law of the municipality, county, or state in which the act was committed or pursuant to federal law. See Alabama Code 45-36-248
  • DELINQUENT CHILD: A child who has been adjudicated for a delinquent act and is in need of care or rehabilitation. See Alabama Code 45-36-248
  • department: The Alabama Department of Agriculture and Industries. See Alabama Code 45-17-231.20
  • department: The State of Alabama, Department of Industrial Relations. See Alabama Code 45-37-21.08
  • department: The Department of Labor. See Alabama Code 45-37-40.05
  • department: The Alabama Department of labor. See Alabama Code 45-37-91.05
  • Dependent: A person dependent for support upon another.
  • DESIGNATED MEMBER: The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the ownership interest of the deceased individual in the wholesaler under the terms of the will of the deceased individual, or under the laws of intestate succession of this state; or any person who or entity which has otherwise by designation in writing by the deceased individual, succeeded the deceased individual in the business of the wholesaler, or has succeeded to the ownership interest of the deceased individual in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Alabama Code 45-37-21.03
  • detention: The temporary placement of children alleged or adjudicated to be delinquent in secure custody as defined herein pending juvenile court disposition or transfer to a residential facility for further care of a child adjudicated delinquent. See Alabama Code 45-36-248
  • DIESEL FUEL: Any liquid that is advertised, offered for sale, or sold for use as or used as a motor fuel in a diesel-powered engine. See Alabama Code 45-17-231.20
  • director: A member of the Board of Directors of the Jackson County Water Authority. See Alabama Code 45-36-252
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • drug: Includes all of the following:

    a. See Alabama Code 45-2-182

  • DRUG COURT: A judicial intervention program for drug offenders in the criminal division of the circuit or district court that incorporates the ten key components as enumerated in subsection (f) of Section 12-23A-4 and may include any of the following:

    a. See Alabama Code 45-2-182

  • DRUG COURT COORDINATOR: An individual who is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the drug court. See Alabama Code 45-2-182
  • DRUG COURT TEAM: Consists of all of the following members who are assigned to the drug court:

    a. See Alabama Code 45-2-182

  • DRUG OFFENDER: A person charged with or convicted of a drug-related offense or an offense in which substance abuse is determined from the evidence to have been a significant factor in the commission of the offense and who has applied for or been accepted to participate in a drug court program for drug offenders in the criminal division of the circuit or district court. See Alabama Code 45-2-182
  • DYED DIESEL FUEL: Diesel fuel that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 45-17-231.20
  • DYED KEROSENE: Kerosene that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 45-17-231.20
  • elevator: An installation as defined as an elevator in ASME A17. See Alabama Code 45-37-60.10
  • ELEVATOR CONTRACTOR: Any sole proprietor, firm, or corporation who possesses an elevator contractor's license in accordance with Sections 25-13-7 and 25-13-8 and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this chapter. See Alabama Code 45-37-60.10
  • ELEVATOR INSPECTOR: Any person who possesses an elevator inspector's license in accordance with this chapter. See Alabama Code 45-37-60.10
  • ELEVATOR MECHANIC: Any person who possesses an elevator mechanic's license in accordance with Sections 25-13-7 and 25-13-8 and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this chapter. See Alabama Code 45-37-60.10
  • employee: A person in the classified service herein set up and appointed by the appointing authority, unless herein expressly excepted. See Alabama Code 45-35A-51.01
  • employer: A person or entity, including a state or local government entity or labor organization, who employs an individual to perform a service for hire and pays wages directly to the individual. See Alabama Code 45-37-21.08
  • EMPLOYMENT SECURITY RECORDS: Information maintained by the Department of Labor's Employment Service Division and Unemployment Compensation Division relating to an individual's search for employment and unemployment benefits. See Alabama Code 45-37-21.08
  • 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
  • escalator: An installation as defined as an escalator in ASME A17. See Alabama Code 45-37-60.10
  • Ex officio: Literally, by virtue of one's office.
  • 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 Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FOOD STAMP OVERISSUANCE: The receipt by an individual of food stamp benefits in excess of the amount the individual is entitled to receive, as authorized under the Federal Food Stamp Act of 1977. See Alabama Code 45-37-21.08
  • foreign bank: means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking. See Alabama Code 45-8-82.22
  • Fraud: Intentional deception resulting in injury to another.
  • gasohol: A blended motor fuel composed of gasoline and motor fuel grade alcohol. See Alabama Code 45-17-231.20
  • gasoline: Any product commonly or commercially known as gasoline, regardless of classification, that is advertised, offered for sale, or sold for use as or used as motor fuel in an internal combustion engine, including gasohol and blended fuel which contains gasoline. See Alabama Code 45-17-231.20
  • GOOD FAITH: Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103. See Alabama Code 45-37-21.03
  • 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,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • GUARDIAN AD LITEM: A licensed attorney appointed by a juvenile court to protect the best interests of an individual without being bound by the expressed wishes of that individual. See Alabama Code 45-36-248
  • 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.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • importer: A person who imports petroleum products into this state. See Alabama Code 45-17-231.20
  • INSPECTION FEE PERMIT HOLDER: A person to whom the Department of Revenue has issued an inspection fee permit. See Alabama Code 45-17-231.20
  • institute: The Alabama Local Government Training Institute. See Alabama Code 45-35-244
  • INTAKE OFFICER: A juvenile probation officer or an employee of the judicial branch of government, who is neutral and detached from executive and legislative branch activities, designated by the juvenile court judge to initiate original delinquency, dependency, and child in need of supervision cases, as well as cases designated in Section 12-15-132 before the juvenile court. See Alabama Code 45-36-248
  • 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
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Juror: A person who is on the jury.
  • JUVENILE COURT: The juvenile or family court division of the circuit or district court having jurisdiction over matters as provided by this chapter. See Alabama Code 45-36-248
  • JUVENILE DETENTION FACILITY: Any facility owned or operated by the state, any county, or other legal entity licensed by and contracted with the Department of Youth Services for the detention of children. See Alabama Code 45-36-248
  • kerosene: All grades of kerosene, including, but not limited to, the two grades of kerosene, No. See Alabama Code 45-17-231.20
  • LARGEST CITY: That city of the county having the largest population according to the last or any subsequent federal census. See Alabama Code 45-37-91.01
  • LAW ENFORCEMENT OFFICER: Any person, however denominated, who is authorized by law to exercise the police powers of the state, a county, or local governments. See Alabama Code 45-36-248
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • LEGAL CUSTODIAN: A parent, person, agency, or department to whom legal custody of a child under the jurisdiction of the juvenile court pursuant to this chapter has been awarded by order of the juvenile court or other court of competent jurisdiction. See Alabama Code 45-36-248
  • LEGAL CUSTODY: A legal status created by order of the juvenile court which vests in a legal custodian the right to have physical custody of a child under the jurisdiction of the juvenile court pursuant to this chapter and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, clothing, education, and medical care, all subject to the powers, rights, duties, and responsibilities of the legal guardian of the person of the child and subject to any residual parental rights and responsibilities. See Alabama Code 45-36-248
  • LEGAL GUARDIAN: A person who has been appointed by a probate court pursuant to the Alabama Uniform Guardianship and Protective Proceedings Act, Chapter 2A (commencing with Section 26-2A-1) of Title 26 to be a guardian of a person under 19 years of age who has not otherwise had the disabilities of minority removed. See Alabama Code 45-36-248
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: A written license, duly issued by the administrator, authorizing a sole proprietor, firm, or company to carry on the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining or performing inspections of elevators or related conveyances covered by this chapter. See Alabama Code 45-37-60.10
  • licensee: An elevator mechanic, elevator contractor, or elevator inspector. See Alabama Code 45-37-60.10
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LUBRICATING OIL: Those products of petroleum that are commonly used in lubricating or oiling engines and any devices or substitutes for such products of petroleum. See Alabama Code 45-17-231.20
  • MATERIAL ALTERATION: An alteration as defined in the referenced standards. See Alabama Code 45-37-60.10
  • MEMORANDUM OF UNDERSTANDING: A written document setting forth an agreed upon procedure. See Alabama Code 45-2-182
  • minor: An individual who is under the age of 19 years and who is not a child within the meaning of this chapter. See Alabama Code 45-36-248
  • municipality: An incorporated city or town of Jackson County. See Alabama Code 45-36-252
  • municipality: Such term shall include any incorporated city or town in the state. See Alabama Code 45-37A-51.243
  • NATIONAL DIRECTORY OF NEW HIRES: A directory maintained at the federal level to receive certain data and information from the states as required pursuant to Section 453(i)(1) of the Social Security Act and other federal statutes. See Alabama Code 45-37-21.08
  • NET GALLONS: The amount of dyed diesel fuel and dyed kerosene measured in gallons when adjusted to a temperature of 60 degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds pressure per square inch. See Alabama Code 45-17-231.20
  • NEW HIRE: An individual who is employed by a particular employer for the first time. See Alabama Code 45-37-21.08
  • NEW TERRITORY: Any territory added, by amendment to the certificate of incorporation of an authority, to the area or areas in which that authority is authorized to render water, garbage, or sewer service. See Alabama Code 45-36-252
  • 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.
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • Oversight: Committee review of the activities of a Federal agency or program.
  • parent: The legal mother or the legal father of a child under the jurisdiction of the juvenile court pursuant to this chapter. See Alabama Code 45-36-248
  • 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.
  • PERMISSIVE SUPPLIER: An out-of-state supplier that elects, but is not required, to have a supplier's license as required in Section 40-17-332. See Alabama Code 45-17-231.20
  • person: Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation organized under the laws of Alabama or of another state, a municipality, a county or an agency, department or instrumentality of a county or municipality of one or more of the several states or of the United States. See Alabama Code 16-60-339
  • person: Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity as well as any other group or combination thereof acting as a unit. See Alabama Code 45-17-231.20
  • person: Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 45-36-252
  • person: Includes a natural person, corporation, partnership, association, or other entity. See Alabama Code 45-37-91.01
  • person: An individual, sole proprietorship, business, partnership, corporation, limited liability company, association, firm, or any other form of legally recognized entity. See Alabama Code 45-37-91.05
  • PERSON FIRST SELLING: Any person, as herein defined, who first sells dyed diesel fuel, dyed kerosene, and/or lubricating oil in Alabama on which an inspection fee is imposed by this article. See Alabama Code 45-17-231.20
  • PETROLEUM PRODUCTS: Gasoline, diesel fuel, and lubricating oil. See Alabama Code 45-17-231.20
  • PICK-UP ORDER: In any case before the juvenile court, an order directing any law enforcement officer or other person authorized by this chapter to take a child into custody and to deliver the child to a place of detention, shelter, or other care designated by the juvenile court. See Alabama Code 45-36-248
  • 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.
  • 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
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • PRESSURE VESSEL: A vessel other than those vessels defined in subdivision (2) in which the pressure is obtained from an external source or by the application of heat. See Alabama Code 45-37-40.05
  • PRIVATE RESIDENCE: A separate dwelling or a separate apartment in a multiple dwelling which is occupied by members of a single-family unit. See Alabama Code 45-37-60.10
  • 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: The legal status created by order of the juvenile court following an adjudication of delinquency or in need of supervision whereby a child is permitted to remain in a community subject to supervision and return to the juvenile court for violation of probation at any time during the period of probation. See Alabama Code 45-36-248
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • PROFESSIONAL EMPLOYER ORGANIZATION: A person engaged in the business of providing professional employer services through one or more professional employer organization arrangements. See Alabama Code 45-37-91.05
  • PROFESSIONAL EMPLOYER ORGANIZATION ARRANGEMENTS: An arrangement under contract where an employee of a professional employer organization is assigned or leased, or both, to work at a client company. See Alabama Code 45-37-91.05
  • PROFESSIONAL EMPLOYER SERVICES: The service of entering into relationships under this chapter in which all or a majority of the employees providing services to a client or to a division or work unit of clients are covered employees. See Alabama Code 45-37-91.05
  • property: Real and personal property and interests therein. See Alabama Code 45-36-252
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • PUBLIC WATER SYSTEM: A water system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof, or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest. See Alabama Code 45-36-252
  • re-refined oil: as used in this division , shall mean any lubricating oil, lubricant or motor lubricating oil which has been previously used, in whole or in part, when such oil has been reprocessed, re-refined or in any manner reclaimed, regardless of the quality of the oil, the method of reprocessing, re-refining or reclaiming of the oil or of the intended use of such oil. See Alabama Code 45-18-81.33
  • REASONABLE QUALIFICATIONS: The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the business of the wholesaler, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the business of the wholesaler. See Alabama Code 45-37-21.03
  • recall: An individual who was temporarily separated from an employer but who is called back to work for that same employer. See Alabama Code 45-37-21.08
  • recidivism: A subsequent conviction or plea of nolo contendere in this or any other state or federal court of the United States within three years of successful completion of, or termination from, drug court for any offense carrying a sentence of one year or more. See Alabama Code 45-2-182
  • registrant: A person or entity registered as a professional employer organization under this chapter or renewing a registration under this chapter. See Alabama Code 45-37-91.05
  • rehire: An individual who was separated from an employer on other than a temporary basis but who is returning to work for that same employer. See Alabama Code 45-37-21.08
  • repair: A repair as defined in the referenced standards and which does not require a permit. See Alabama Code 45-37-60.10
  • 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).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • RESIDENTIAL FACILITY: A dwelling, other than a detention or shelter care facility, providing living accommodations, care, treatment, and maintenance for children, including, but not limited to, institutions, foster family homes, group homes, half-way houses, and forestry camps operated, accredited, or licensed by a federal or state department or agency. See Alabama Code 45-36-248
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • retailer: A person other than a wholesale distributor that engages in the business of selling or distributing taxable motor fuel to the end user within this state. See Alabama Code 45-17-231.20
  • RETALIATORY ACTION: Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or in the quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Alabama Code 45-37-21.03
  • REVENUE COMMISSIONER: The Commissioner of the Alabama Department of Revenue. See Alabama Code 45-17-231.20
  • RULES AND REGULATIONS: A prescribed course of procedure adopted by the board to promote the administration of this part and the system hereby created. See Alabama Code 45-35A-51.01
  • SALES TERRITORY: An area of exclusive sales responsibility for the brand or brands of wine sold by a supplier as designated by an agreement. See Alabama Code 45-37-21.03
  • screening: The process of gathering basic information to determine whether the offender meets established drug court eligibility criteria and shall include, but is not limited to, the current charge, a substance abuse evaluation, a brief questionnaire to determine if a risk or needs assessment is needed, and drug testing, and may include, but is not limited to, a substance abuse evaluation, risk assessment, or needs assessment. See Alabama Code 45-2-182
  • secretary: The Secretary of the State of Alabama, Department of Labor. See Alabama Code 45-37-21.08
  • secretary: The Secretary of Labor. See Alabama Code 45-37-40.05
  • secretary: The Secretary of the Alabama Department of Labor. See Alabama Code 45-37-91.05
  • SECRETARY OF AGRICULTURE: The Secretary of the Federal Department of Agriculture. See Alabama Code 45-37-21.08
  • SECRETARY OF HEALTH AND HUMAN SERVICES: The Secretary of the Federal Department of Health and Human Services. See Alabama Code 45-37-21.08
  • SECRETARY OF LABOR: The Secretary of the Federal Department of Labor. See Alabama Code 45-37-21.08
  • SECURE CUSTODY: As used with regard to juvenile detention facilities and the Department of Youth Services, this term means residential facilities with construction features designed to physically restrict the movements and activities of persons in custody such as locked rooms and buildings, including rooms and buildings that contain alarm devices that prevent departure; fences; or other physical structures. See Alabama Code 45-36-248
  • SERVICE AREA: The geographic area or areas in which the authority is authorized by its certificate of incorporation or any amendment thereto to render water, sewer, or garbage service shall be any area within the county in which such service is not provided by another public authority. See Alabama Code 45-36-252
  • 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.
  • SEWER SERVICE: The construction, operation, and maintenance of sewer disposal facilities and lines in areas of the county not served by any other public sewer facility. See Alabama Code 45-36-252
  • SHELTER CARE: The temporary care of children in group homes, foster care, relative placement, or other nonpenal facilities. See Alabama Code 45-36-248
  • SOCIAL SECURITY ACT: The Federal Social Security Act. See Alabama Code 45-37-21.08
  • SPLIT SENTENCING: A sentence which includes a period of incarceration followed by a period of probation. See Alabama Code 45-2-182
  • state: The State of Alabama. See Alabama Code 16-60-339
  • state: The State of Alabama. See Alabama Code 45-17-231.20
  • state: The State of Alabama and any department, board, bureau, commission, or other agency thereof. See Alabama Code 45-35-244
  • state: The State of Alabama. See Alabama Code 45-36-252
  • state: The State of Alabama. See Alabama Code 45-37-21.08
  • STATE DIRECTORY OF NEW HIRES: A directory containing the name, address, Social Security number, and date of hire of each newly hired, recalled, or rehired individual, as reported by employers to the Department of Labor. See Alabama Code 45-37-21.08
  • STATE DOCKS DEPARTMENT: The Alabama State Docks Department, an agency of the state. See Alabama Code 16-60-339
  • STATE DOCKS DIRECTOR: The Director of State Docks or other chief executive officer of the State Docks Department. See Alabama Code 16-60-339
  • STATE DOCKS FACILITIES: Docks and all kinds of docks facilities, including elevators, warehouses, water and rail terminals, wharves, piles, quays, compresses, cold storage facilities, loading and unloading facilities and other related structures, facilities and equipment and property used or held for use or development of or in connection with any thereof, now or hereafter owned by the State of Alabama at the Port of Mobile. See Alabama Code 16-60-339
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 30-3D-608
  • substance: Drug as defined in subdivision (6). See Alabama Code 45-2-182
  • SUBSTANCE ABUSE: The illegal or improper consumption of a drug. See Alabama Code 45-2-182
  • SUBSTANCE ABUSE TREATMENT: The application of professionally planned, managed, administered, and monitored procedures for the purpose of alleviating, minimizing, and stabilizing the effect of substance-related disorders and restoring impaired functionality. See Alabama Code 45-2-182
  • Summons: Another word for subpoena used by the criminal justice system.
  • superintendent: means the superintendent then in office and, where appropriate, all of his or her successors and predecessors in office. See Alabama Code 45-8-82.22
  • supplier: A person who is subject to the general taxing jurisdiction of this state and registered under Section 4101 of the Internal Revenue Code for transactions in motor fuel in the bulk transfer/terminal distribution system and who owns motor fuel in the bulk transfer/terminal system, or a person who receives motor fuel in this state pursuant to a two-party exchange. See Alabama Code 45-17-231.20
  • supplier: A manufacturer or importer of wine licensed by the board. See Alabama Code 45-37-21.03
  • 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.
  • TRANSFER OF THE BUSINESS OF THE WHOLESALER: The voluntary sale, assignment, or other transfer of all or control of the business or all or substantially all of the assets of the wholesaler, or all or control of the capital stock of the wholesaler including, without limitation, the sale or other transfer of capital stock or assets by merger, consolidation, or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler. See Alabama Code 45-37-21.03
  • 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.
  • undertaking: Such term shall include all of the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:

    a. See Alabama Code 45-37A-51.243

  • UNDYED DIESEL FUEL: Diesel fuel that has not been dyed in accordance with the Internal Revenue Service fuel dyeing provisions. See Alabama Code 45-17-231.20
  • UNEMPLOYMENT COMPENSATION: Any compensation payable under Section 25-4-1 et seq. See Alabama Code 45-37-21.08
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • WAGE INFORMATION: Data related to the compensation an individual receives for employment, including wages paid to the individual, the individual's Social Security number, and the name, address, state and federal employer identification numbers of the individual's employer. See Alabama Code 45-37-21.08
  • WATER SERVICE: The providing, furnishing, supplying, or distributing of water and the performing of all of the functions and activities reasonably incident to the operation of a water system. See Alabama Code 45-36-252
  • WATER SYSTEM: Land, plants, systems, facilities, buildings, and other property, or any combination of any thereof, which are used or useful or capable of future use in providing, furnishing, supplying, or distributing water, including, but not limited to, water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, meters, valves, fire hydrants, and all necessary appurtenances and equipment, and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering water service. See Alabama Code 45-36-252
  • wholesaler: A wholesaler of wine licensed by the board. See Alabama Code 45-37-21.03