Terms Used In Alabama Code > Title 25 > Chapter 4

• ache: The Alabama Commission on Higher Education. See Alabama Code 45-22-234
• ache: The Alabama Commission on Higher Education. See Alabama Code 45-22-242.08
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• adult: An individual 19 years of age and older. See Alabama Code 25-4-3
• ADULT CARE FACILITY: A person or entity holding a Department of Human Resources license or approval or certification to provide care, including foster care, for adults. See Alabama Code 25-4-3
• 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.
• Allegation: something that someone says happened.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• applicant: A person or entity who submits an application for license as a child care or adult care facility to the Department of Human Resources or a child placing agency, or an application for employment or for a volunteer position to a Department of Human Resources licensed child care or adult care facility. See Alabama Code 25-4-3
• APPROVED INSTITUTION: Any independent nonprofit postsecondary institution of higher learning located in the State of Alabama which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, any independent nonprofit postsecondary institution of higher learning whose credits are accepted by at least three other institutions which are accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, or any independent postsecondary institution of higher learning with a permanent facility offering classroom instruction located in Montgomery County, Alabama, which has been incorporated and in continuous operation for over 50 years and which has been accredited for over 10 years by the Commission on Colleges of the Southern Association of Colleges and Schools, prior to July 1, 2010. See Alabama Code 45-22-234
• APPROVED LENDER: Any eligible institution, or any bank, trust company, savings and loan association, credit union, pension fund, or insurance company, whose primary consumer credit function is not the making of insured student loans and which is examined and supervised by the appropriate state or federal regulatory agency or any other institution or agency defined as an eligible lender in accordance with the Federal Student Loan Law. See Alabama Code 45-22-242.08
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• authority: A corporation created pursuant to this chapter. See Alabama Code 25-4-134
• authority: The public corporation organized pursuant to this chapter, which shall be an agency of the state but shall not be a political subdivision of the state. See Alabama Code 45-22-242.04
• AUTHORIZING COUNTY: Any county the governing body of which shall have adopted an authorizing resolution, even if the population of the county should fall below 600,000. See Alabama Code 45-22-242.04
• AUTHORIZING MUNICIPALITY: Any municipality the governing body of which shall have adopted an authorizing resolution. See Alabama Code 45-22-242.04
• AUTHORIZING RESOLUTION: A resolution, adopted by the governing body of any county to which this chapter applies or by a municipality in the county, all in accordance with Section 11-32-3. See Alabama Code 45-22-242.04
• AUTOMATED SYSTEM: The computerized, automated fingerprint identification system (AFIS) maintained by the Alabama State Law Enforcement Agency that allows for a computer search of the in-state database for criminal history background check information maintained by the Alabama Criminal Justice Information Center (ACJIC). See Alabama Code 25-4-3
• AWARDING AUTHORITY: Any governmental board, commission, agency, body, authority, instrumentality, department, or subdivision of the state, its counties and municipalities. See Alabama Code 25-4-77
• 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.
• 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.
• Base period: as used in this chapter , means the first four of the last five completed calendar quarters immediately preceding the first day of an individual benefit year. See Alabama Code 25-4-1
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit year: as used in this chapter with respect to any individual, means the one-year period beginning with the first day of the first week with respect to which an individual who is unemployed first files a valid claim for benefits or a claim is filed by an employer on behalf of an employee working less than full time, and thereafter the one-year period beginning with the first day of the first week with respect to which such individual next files a valid claim for benefits or such claim is filed by an employer on behalf of an employee working less than full time, after the termination of his last preceding benefit year. See Alabama Code 25-4-3
• Benefits: as used in this chapter , means the money payable to an individual with respect to his unemployment as provided in this chapter. See Alabama Code 25-4-2
• board: The Board of Directors of an authority. See Alabama Code 45-22-242.04
• bonds: Bonds, notes, warrants, certificates, and other obligations representing an obligation to pay money. See Alabama Code 45-22-242.04
• Calendar quarter: as used in this chapter , means the period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31, except as the secretary shall by regulation otherwise prescribe. See Alabama Code 25-4-4
• Capital offense: A crime punishable by death.
• care: The provision of care, treatment, education, training, instruction, supervision, or recreation to children, adults, or individuals with disabilities. See Alabama Code 25-4-3
• CHIEF EXECUTIVE OFFICER: The Commissioner of the Department of Human Resources, the director of a county department of human resources, or the head of an employer covered by this chapter, but not specifically enumerated. See Alabama Code 25-4-3
• CHILD CARE FACILITY: A person or entity holding a Department of Human Resources license, permit, or approval to provide child care, including foster care, under Chapter 7. See Alabama Code 25-4-3
• CHILD PLACING AGENCY: A person or entity licensed by the Department of Human Resources under Chapter 7, issuing approvals to foster family homes and adoptive homes. See Alabama Code 25-4-3
• commissioner: The Commissioner of the State Department of Human Resources. See Alabama Code 23-2-149
• 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.
• Contributions: as used in this chapter , means the money payments to the State Unemployment Compensation Fund, required by this chapter, on the basis of a percentage of wages. See Alabama Code 25-4-5
• conviction: A determination of guilt as the result of a plea, including a plea of nolo contendere, or a trial. See Alabama Code 25-4-3
• county: Any county in the state. See Alabama Code 45-22-242.04
• COUNTY DEPARTMENT: The department of human resources in each of the 67 counties. See Alabama Code 23-2-149
• CRIMINAL HISTORY BACKGROUND INFORMATION CHECK: The review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the Alabama Criminal Justice Information Center, and the Alabama State Law Enforcement Agency involving an arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information as defined by 42 U. See Alabama Code 25-4-3
• current: An individual who is presently employed, licensed, or approved, or working as a volunteer on November 1, 2000. See Alabama Code 25-4-3
• Deed: The legal instrument used to transfer title in real property from one person to another.
• department: The Department of Human Resources. See Alabama Code 25-4-14
• Devise: To gift property by will.
• director: A member of the board. See Alabama Code 45-22-242.04
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• division: The Business Development Division of the Department of Commerce. See Alabama Code 41-29-221
• elderly: An individual 65 years of age or older. See Alabama Code 25-4-3
• ELIGIBLE INSTITUTION: Any postsecondary educational institution which is approved by the Alabama Commission on Higher Education for the purposes of this program. See Alabama Code 45-22-242.08
• ELIGIBLE STUDENT: Any applicant for a grant under the Alabama Student Grant Program who:

  a. See Alabama Code 45-22-234

• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• emergency: Payments for necessary medical expenses of the account owner or family member, expenses to avoid the eviction of the account owner from the account owner's primary residence, and for necessary living expenses following a loss of income

  (4) FIDUCIARY ORGANIZATION. See Alabama Code 25-4-14

• employee: An individual currently in the service of an employer for compensation, full-time or part-time, and employed by contract or at will, in which the employer has the authority to control the person in the material details of how work shall be performed and when compensation shall be provided. See Alabama Code 25-4-3
• employee: as used in this chapter , means any individual employed by an employer subject to this chapter, in which employment the relationship of master and servant exists between the employee and the person employing him. See Alabama Code 25-4-7
• employer: An individual, person, group of persons, association, partnership, corporation, limited liability company or partnership, business, or other entity which hires employees, has volunteers, or contracts with others to provide personnel to work with or provide care to children, adults, or individuals with disabilities in a caretaker setting. See Alabama Code 25-4-3
• Employing unit: as used in this chapter , means any individual or type of organization, including any partnership, association, trust estate, joint stock company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has, or subsequent to January 1, 1935, had in its employ one or more individuals performing services for it within this state. See Alabama Code 25-4-9
• employment: shall include service constituting employment under any unemployment compensation law of another state or of this state. See Alabama Code 25-4-16
• Employment office: as used in this chapter , means a free public employment office or a branch thereof operated by this or any other state as a part of a state controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices. See Alabama Code 25-4-11
• enterprise: The business, undertaking or enterprise of furnishing services. See Alabama Code 25-4-134
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• ESSENTIAL FUNCTIONS: The fundamental, not merely marginal, job duties of the employment as determined by a written job description or the judgment of the employer. See Alabama Code 25-4-3
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• 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}
• FEDERAL STUDENT LOAN LAW: Title IV of the Federal Higher Education Act of 1965, as amended (enacted by the Congress of the United States of America as Public Law 89-239) providing for a student loan insurance or guaranty program, as said Title IV (presently codified as 20 U. See Alabama Code 45-22-242.08
• Fiduciary: A trustee, executor, or administrator.
• FINANCIAL INSTITUTION: A federally insured bank, trust company, savings bank, building and loan association, savings and loan company or association, or credit union authorized to do business in this state. See Alabama Code 25-4-14
• Fiscal year: as used in this chapter , shall mean the 12 consecutive month period beginning October 1 of each calendar year for employers who make payments in lieu of contributions to the fund. See Alabama Code 25-4-4
• FISCAL YEAR: The 12-month period provided for in subsection (c) of Section 11-32-7. See Alabama Code 45-22-242.04
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fund: as used in this chapter , means the Unemployment Compensation Fund established by this chapter, to which all contributions and payments in lieu of contributions and from which all benefits required under this chapter shall be paid. See Alabama Code 25-4-12
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• GOVERNING BODY: The body or board, by whatsoever name it may be known, having charge of the finances of a municipality. See Alabama Code 25-4-134
• GOVERNING BODY: With respect to a county, its county commissioners, board of revenue, or other like governing body and with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 45-22-242.04
• grant: A monetary award under the Alabama Student Grant Program to an approved institution on behalf of and to the credit of an eligible student pursuant to this chapter. See Alabama Code 45-22-234
• 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.
• incorporators: The persons forming a public corporation organized pursuant to this chapter. See Alabama Code 45-22-242.04
• individual: A natural person. See Alabama Code 25-4-3
• INDIVIDUAL DEVELOPMENT ACCOUNT: An account established for an eligible individual or family member as part of a qualified individual development account program with the following requirements:

  a. See Alabama Code 25-4-14

• INDIVIDUAL WITH DISABILITIES: A person with a mental or physical impairment who requires assistance to perform one or more daily living tasks. See Alabama Code 25-4-3
• Insured work: as used in this chapter , means "employment" for "employers. See Alabama Code 25-4-13
• JUDICIAL OFFICER: Any supreme court, appellate court, circuit court, district court, or municipal court judge or any magistrate of any court in this state. See Alabama Code 15-13-101
• LAW ENFORCEMENT: The sheriff's department of a county or the police department of a municipality. See Alabama Code 25-4-3
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• license: A license, permit, certification, approval, registration, or other form of permission required by law by whatever designation for a child care facility, adult care facility, child placing agency, foster parent or foster home, adoptive parent or adoptive home, or any other person or entity in which an individual has unsupervised access to children, the elderly, or individuals with disabilities. See Alabama Code 25-4-3
• licensee: Holder of a license or approval and an adult household member whose residence is in the home in regard to child care and adult care facilities in a home setting. See Alabama Code 25-4-3
• LIFE CYCLE COSTS: The total cost of ownership over the extended life of a public works project, taking into consideration the costs of construction, operation, and maintenance, less any value obtained from salvage and quantifiable environmental benefits, or the sum of all recurring and one-time (non-recurring) costs over the full life span or a specified period of a good, service, structure, or system, including purchase price, installation costs, operating costs, maintenance and upgrade costs, and remaining (residual or salvage) value at the end of ownership or its useful life. See Alabama Code 25-4-77
• METROPOLITAN PLANNING ORGANIZATION: The forum for cooperative transportation decision making for a metropolitan planning area pursuant to 23 U. See Alabama Code 45-22-242.04
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• municipality: Any city or town incorporated under the laws of the State of Alabama and the inhabitants of an area containing not less than 250 qualified electors outside of an unincorporated city or town who shall become incorporated pursuant to the provisions of this chapter. See Alabama Code 25-4-134
• municipality: An incorporated city or town of this state. See Alabama Code 45-22-242.04
• 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.
• office: The Alabama Small Business Office of Advocacy. See Alabama Code 41-29-221
• PARALLEL ACCOUNT: A separate parallel account for all matching funds and earnings dedicated to individual development account owners, the sole holder of which is a qualified financial institution, a qualified fiduciary organization, or an Indian tribe. See Alabama Code 25-4-14
• paratransit: Comparable transportation service required by the Americans with Disabilities Act for individuals who are unable to use fixed route transportation systems. See Alabama Code 45-22-242.04
• PARTICIPATING MUNICIPALITY: A municipality in an authorizing county, other than the principal municipality, which is then providing funds for the authority, pursuant to resolution, contract, or otherwise. See Alabama Code 45-22-242.04
• Payments in lieu of contributions: as used in this chapter , means the money payments to the State Unemployment Compensation Fund, required by this chapter, from employers who reimburse the fund for the amount of regular benefits and extended benefits paid that is attributable to service in the employ of such employers as is required by this chapter. See Alabama Code 25-4-5
• person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, municipality, county, or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 45-22-242.04
• person: Natural persons, partnerships, limited liability companies, corporations, and other legal entities. See Alabama Code 25-4-77
• 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.
• 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.
• PRINCIPAL MUNICIPALITY: The municipality in an authorizing county having the largest population in the authorizing county according to the last or any subsequent federal decennial census. See Alabama Code 45-22-242.04
• PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments to the certificate of incorporation, the bylaws, and the minutes of proceedings of the board are kept. See Alabama Code 45-22-242.04
• PROFESSIONAL BAIL COMPANY: A person, individual proprietor, partnership, corporation, or other entity, other than a professional surety company, that furnishes bail or becomes surety for a person on an appearance bond and does so for a valuable consideration. See Alabama Code 15-13-101
• PROFESSIONAL BONDSMAN: An individual person or agent employed by a professional surety company or professional bail company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional surety company or a professional bail company. See Alabama Code 15-13-101
• program: The Alabama Student Grant Program, including the administration thereof. See Alabama Code 45-22-234
• property: Real and personal property, and any and all interests in the real and personal property. See Alabama Code 45-22-242.04
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• PUBLIC TRANSPORTATION SERVICE: All service involved in the transportation of passengers for hire by means of buses, street railway, elevated railway, subway, underground railroad, light rail, mass transit systems, motor vehicles, or other means of conveyance generally associated with or developed for mass surface or sub-surface transportation of the public, but does not include any service involved in transportation by taxicab, airport limousine, or industrial bus; however, public transportation service does not include aircraft or any air service subject to the Air Carrier Access Act of 1986 or managed by an airport authority of the principal municipality. See Alabama Code 45-22-242.04
• PUBLIC WORKS: The construction, installation, repair, renovation, or maintenance of public buildings, structures, sewers, waterworks, roads, curbs, gutters, side walls, bridges, docks, underpasses, and viaducts as well as any other improvement to be constructed, installed, repaired, renovated, or maintained on public property and to be paid, in whole or in part, with public funds or with financing to be retired with public funds in the form of lease payments or otherwise. See Alabama Code 25-4-77
• QUALIFIED PURPOSES: The use of the account owner's accumulated savings and matching funds for any of the following purposes:

  a. See Alabama Code 25-4-14

• REASONABLE SUSPICION: Belief by a prudent person that reasonable articulable grounds exist to suspect that the employee's past or present behavior should be reviewed to determine if such behavior or conduct bears upon the individual's fitness to teach or supervise or have responsibility for the safety and well-being of children, the elderly, or persons with disabilities as defined in this chapter. See Alabama Code 25-4-3
• Recess: A temporary interruption of the legislative business.
• REGIONAL PLANNING COMMISSION: The regional organization representing governing bodies of local governments under Act 584 of the 1963 Regular Session (Acts 1963, p. See Alabama Code 45-22-242.04
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• report: A written statement of criminal history background information. See Alabama Code 25-4-3
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secretary: as used in this chapter , means the Secretary of Labor or his authorized representatives; except, that during any interim in which there is no duly appointed and qualified Secretary of Labor, the same shall mean the Director of Unemployment Compensation, provided for in Section 25-2-3. See Alabama Code 25-4-6
• services: Any one or more or all of the following: water, sewerage, telephone, gas or electric heat, light, or power services, commodities or facilities. See Alabama Code 25-4-134
• SEX CRIME: Includes any sex offense listed in Section 15-20A-5. See Alabama Code 25-4-3
• SMALL BUSINESS: A small business, as defined in Section 25-10-3. See Alabama Code 41-29-221
• State: as used in this chapter , includes, in addition to the states of the United States, the District of Columbia, the Virgin Islands, Puerto Rico, and Canada. See Alabama Code 25-4-14
• state: The State of Alabama. See Alabama Code 45-22-242.04
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• STUDENT LOAN: A loan or extension of credit to an eligible borrower (including without limitation a parent of an eligible borrower) including the promissory note or other written agreement or instrument evidencing such loan or extension of credit in accordance with the applicable requirements of the Federal Student Loan Law. See Alabama Code 45-22-242.08
• Subpoena: A command to a witness to appear and give testimony.
• SUITABILITY DETERMINATION: A decision that an individual is or is not suitable for employment, volunteer work, or licensure based upon the existence of a prohibited criminal conviction. See Alabama Code 25-4-3
• tcab: The transit citizens advisory board established herein. See Alabama Code 45-22-242.04
• territory: The geographical area coterminous with the boundaries of a municipality. See Alabama Code 25-4-134
• 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.
• TRANSIT SYSTEM: Land, plants, systems, facilities, buildings, garages, vehicles of all types, rails, lines, and any combination of any of the following, used or useful or capable of future use in furnishing public transportation service, and all other property deemed necessary or desirable by an authority for use in furnishing public transportation service. See Alabama Code 45-22-242.04
• Unemployment Administration Fund: as used in this chapter , means the Unemployment Compensation Administration Fund established by this chapter. See Alabama Code 25-4-15
• 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}
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• volunteer: An individual who provides services without an express or implied promise of compensation, but shall not include the parent, family member, legal custodian, or legal guardian of a child, the elderly, or disabled individual in care. See Alabama Code 25-4-3
• wages: as used in this chapter , shall mean such remuneration as was defined in this section prior to such date. See Alabama Code 25-4-16
• Week: as used in this chapter , means such period of seven consecutive days, as the secretary may by regulation prescribe. See Alabama Code 25-4-17
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• WRITTEN CONSENT: A signed statement by the applicant or employee containing all of the following:

  a. See Alabama Code 25-4-3