Terms Used In Delaware Code > Title 5 > Chapter 14 - Foreign Banks

• Activity and use limitations: means restrictions or obligations with respect to real property created under this subchapter. See Delaware Code Title 7 Sec. 7907
• addiction: shall mean dependence upon a drug in the following manner:

  a. See Delaware Code Title 16 Sec. 4701

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means to the body of a patient or research subject by:

  a. See Delaware Code Title 16 Sec. 4701

• Administration: means the Drug Enforcement Administration, United States Department of Justice or its successor agency. See Delaware Code Title 16 Sec. 4701
• Adult: means an individual who is at least 18 years of age. See Delaware Code Title 16 Sec. 2710
• Advance health-care directive: means a directive under § 2503 of this title. See Delaware Code Title 16 Sec. 2710
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agent: shall mean any person authorized by the State to purchase and affix tax stamps on packages of cigarettes. See Delaware Code Title 16 Sec. 7116
• Agent: means an individual authorized to make health-care decisions on another's behalf by a power of attorney or an individual expressly authorized to make an anatomical gift on another's behalf by any other record signed by the individual giving the authorization. See Delaware Code Title 16 Sec. 2710
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. See Delaware Code Title 16 Sec. 4701
• Amusement ride: means any mechanical device or devices that carry or convey passengers along, around or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure or excitement, but such term does not include:

  a. See Delaware Code Title 16 Sec. 6402

• Anabolic steroid: means any of the controlled substances defined in § 4718(f) of this title. See Delaware Code Title 16 Sec. 4701
• Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Delaware Code Title 16 Sec. 2710
• Animal shelter: means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and is operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. See Delaware Code Title 16 Sec. 3041F
• Animal welfare officer: means an individual employed by the Department or employed by an independent contractor of the Department or by a municipality for the purpose of enforcing dog control laws, rules, regulations, and ordinances. See Delaware Code Title 16 Sec. 3041F
• Appraisal: A determination of property value.
• Approved: means acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters as hereinafter set forth. See Delaware Code Title 16 Sec. 7306
• area accessible to the public: includes : sidewalks; streets; parking lots; parks; playgrounds; stores and restaurants; and any other outdoor locations such as front porches or front yards. See Delaware Code Title 16 Sec. 4701
• 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.
• Asbestos: includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos and any of these minerals that has been chemically treated and/or altered. See Delaware Code Title 16 Sec. 7802
• Asbestos abatement: shall mean any of the following activities except those which may be considered incidental during normal day-to-day operations and maintenance:

  a. See Delaware Code Title 16 Sec. 7802

• asbestos material: shall mean any material containing more than 1 percent asbestos by weight, that hand pressure can crumble, pulverize or reduce to powder when dry, or is already dry and pulverized. See Delaware Code Title 16 Sec. 7802
• Asbestos worker: shall mean any individual who performs asbestos abatement activities and/or work. See Delaware Code Title 16 Sec. 7802
• 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: means the Authority on Radiation Protection created by § 7404 of this title. See Delaware Code Title 16 Sec. 7403
• 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.
• 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}
• Benzodiazepine: means any substance or drug which contains a benzene ring fused to a 7-member diazepine ring, results in the depression of the central nervous system and is primarily intended to treat insomnia, convulsions and anxiety, and used for muscle relaxation and pre-operation treatment including alprazolam, clonazepam, diazepam, lorazepam, and temazepam. See Delaware Code Title 16 Sec. 4701
• Bequeath: To gift property by will.
• Bequest: Property gifted by will.
• Board: shall mean the State Board of Health and any successor to the board exercising the powers granted the Board by this chapter. See Delaware Code Title 16 Sec. 9002
• Borrower: means a person obtaining or desiring to obtain a mortgage loan. See Delaware Code Title 5 Sec. 2101
• Brownfield: means real property, the expansion, redevelopment, or reuse of which may be hindered by the reasonably held belief that the real property may be environmentally contaminated. See Delaware Code Title 7 Sec. 9103
• Brownfields developer: shall mean a person who, with respect to a facility:

  a. See Delaware Code Title 7 Sec. 9123

• Brownfields Development Agreement: means an agreement between the Secretary and a brownfield developer with respect to a certified brownfield that sets forth a scope and schedule of activities to assess and respond to the actual, threatened, or perceived release of hazardous substances at the facility. See Delaware Code Title 7 Sec. 9123
• CERCLA: means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U. See Delaware Code Title 7 Sec. 9103
• certificate of incorporation: as used in this chapter , unless the context requires otherwise, includes not only the original certificate of incorporation filed to create a corporation but also all other certificates, agreements of merger or consolidation, plans of reorganization, or other instruments, howsoever designated, which are filed pursuant to § 102, §§ 133-136, § 151, §§ 241-243, § 245, §§ 251-258, §§ 263-264, § 267, § 303, §§ 311-313, or any other section of this title, and which have the effect of amending or supplementing in some respect a corporation's certificate of incorporation. See Delaware Code Title 8 Sec. 104
• Certified brownfield: means a brownfield, as defined in § 9103(3) of this title, that the Secretary has certified pursuant to the regulations governing hazardous substance cleanup. See Delaware Code Title 7 Sec. 9123
• Cigarette: means :

  a. See Delaware Code Title 16 Sec. 7116

• Circumstantial evidence: All evidence except eyewitness testimony.
• Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2101
• Common interest community: means a condominium or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay for property taxes, insurance premiums, maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Delaware Code Title 7 Sec. 7907
• 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.
• Contractor: shall mean any corporation, company, association, firm, partnership, society, joint-stock company, sole proprietorship or individual that contracts to perform asbestos abatement, including the removal or encapsulation of asbestos. See Delaware Code Title 16 Sec. 7802
• Contractor: means any corporation, company, association, firm, partnership, society, joint-stock company, sole proprietorship or individual that contracts to perform any remedial action under the remedial standards established in this chapter. See Delaware Code Title 7 Sec. 9103
• Contractual relationship: means , but is not limited to, land contracts, deeds, easements, leases or other instruments transferring title or possession. See Delaware Code Title 7 Sec. 9103
• controlled substance: includes "designer drug" as defined in paragraph (10) of this section. See Delaware Code Title 16 Sec. 4701
• Counterfeit controlled substance: means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance. See Delaware Code Title 16 Sec. 4701
• Court: means the Superior Court or the Family Court of the State, both of which courts shall have jurisdiction and responsibility for the implementation of this chapter. See Delaware Code Title 16 Sec. 5001
• Credentialed mental health screener: means an individual who is:

  a. See Delaware Code Title 16 Sec. 5001

• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Dangerous to others: means that by reason of mental condition there is a substantial likelihood that the person will inflict serious bodily harm upon another person within the immediate future. See Delaware Code Title 16 Sec. 5001
• Dangerous to self: means that by reason of mental condition there is a substantial likelihood that the person will imminently sustain serious bodily harm to oneself. See Delaware Code Title 16 Sec. 5001
• Decedent: means a deceased individual and includes a stillborn infant or fetus. See Delaware Code Title 16 Sec. 2710
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• delivery: means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Delaware Code Title 16 Sec. 4701
• Department: means the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
• Department: means the Department of Natural Resources and Environmental Control (DNREC). See Delaware Code Title 7 Sec. 7907
• Department: means the Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 2710
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 9103
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 3041F
• Department: means the Department of Health and Social Services except that Department means the Department of Services for Children, Youth and Their Families in the context of a treatment facility serving minors. See Delaware Code Title 16 Sec. 5181
• Designated requestor: means a hospital employee completing a course offered by the OPO on how to approach potential donor families and request organ and tissue donation. See Delaware Code Title 16 Sec. 2710
• Designer drug: means a substance that has a chemical structure substantially similar to that of a controlled substance or that was specifically designed to or may produce an effect substantially similar to that of a controlled substance. See Delaware Code Title 16 Sec. 4701
• Devise: To gift property by will.
• Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing for a legitimate medical purpose by an individual practitioner in the usual course of the practitioner's professional practice, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. See Delaware Code Title 16 Sec. 4701
• Dispenser: means a practitioner who dispenses. See Delaware Code Title 16 Sec. 4701
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous substance into or on any land, water or into the air so that such hazardous substance or any constituent thereof may enter the environment. See Delaware Code Title 7 Sec. 9103
• Distribute: shall mean to issue, give, transfer or otherwise dispose of. See Delaware Code Title 16 Sec. 7102
• Distribute: means to deliver other than by administering or dispensing a controlled substance. See Delaware Code Title 16 Sec. 4701
• Distributor: means a person who distributes. See Delaware Code Title 16 Sec. 4701
• Document of gift: means a donor card or other record used to make, amend, or revoke an anatomical gift. See Delaware Code Title 16 Sec. 2710
• Dog: means any dog or dog hybrid. See Delaware Code Title 16 Sec. 3041F
• dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
• Donate Life Delaware Registry: means that subset of persons in the Department of Transportation's driver's license and photo identification card database or any expanded or successor database who have elected to include the donor designation on their record. See Delaware Code Title 16 Sec. 2710
• Donee: means a person authorized to receive an anatomical gift. See Delaware Code Title 16 Sec. 2710
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Donor: means an individual who makes a gift of all or part of the individual's body. See Delaware Code Title 16 Sec. 2710
• Donor registry: means a database which contains records of anatomical gifts. See Delaware Code Title 16 Sec. 2710
• Dose: means an amount or unit of a compound, mixture, or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual. See Delaware Code Title 16 Sec. 4701
• Drug: means (i) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them; (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (iii) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii) of this paragraph. See Delaware Code Title 16 Sec. 4701
• drug paraphernalia: includes , but is not limited to:

  a. See Delaware Code Title 16 Sec. 4701

• Eligible project: shall mean any health facility which has been approved by the Board pursuant to this chapter, or any refinancing of bonds or notes issued by the Delaware Health Facilities Authority for the benefit of a health facility. See Delaware Code Title 16 Sec. 9002
• 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}
• 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.
• Environment: means the navigable waters, the waters of the contiguous zone, ocean waters, and any other surface water, ground water, drinking water supply, land surface or subsurface strata or ambient air within the State. See Delaware Code Title 7 Sec. 9103
• Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Delaware Code Title 7 Sec. 7907
• Environmental response project: means a plan or work performed for environmental remediation of real property, conducted:

  a. See Delaware Code Title 7 Sec. 7907

• 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}
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Existing environmental condition: means all known or discovered releases of hazardous substances which are found to be, or to have been, existing at or in the vicinity of the facility prior to a person entering into a Brownfields Development Agreement with the Secretary. See Delaware Code Title 7 Sec. 9123
• Explosive materials: means explosives, blasting agents and detonators as follows:

  a. See Delaware Code Title 16 Sec. 7102

• Explosive-actuated devices: shall mean any tool or special mechanized device which is actuated by explosives, other than smokeless propellants. See Delaware Code Title 16 Sec. 7102
• Explosives: means any chemical compound mixture or device the primary or common purpose of which is to function by explosion. See Delaware Code Title 16 Sec. 7102
• Eye bank: means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes. See Delaware Code Title 16 Sec. 2710
• Facility: means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, aircraft, or any site or area where a hazardous substance has been generated, manufactured, refined, transported, stored, treated, handled, recycled, released, disposed of, placed or otherwise come to be located. See Delaware Code Title 7 Sec. 9103
• 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}
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means :

  a. See Delaware Code Title 7 Sec. 9103

• Fiduciary capacity: means the capacity of a person in holding title to a facility, or otherwise having control of or an interest in the facility, pursuant to the exercise of the responsibilities of the person as a fiduciary. See Delaware Code Title 7 Sec. 9103
• Finished drug product: means a drug legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U. See Delaware Code Title 16 Sec. 4701
• Firearm: means as defined under § 222 of Title 11. See Delaware Code Title 16 Sec. 6202
• fireworks: as used in this chapter , includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation and includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any caps or tablets or other device containing any explosive substance. See Delaware Code Title 16 Sec. 6901
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Fugitive from justice: shall mean any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. See Delaware Code Title 16 Sec. 7102
• Fund: means the Organ and Tissue Donor Awareness Trust Fund. See Delaware Code Title 16 Sec. 2710
• Fund: means the Hazardous Substance Cleanup Fund created pursuant to § 9113 of this title. See Delaware Code Title 7 Sec. 9103
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
• Gun shop: means a business located in this State that sells firearms, deadly weapons, or related projects, such as ammunition. See Delaware Code Title 16 Sec. 6202
• Hazardous substance: means :

  a. See Delaware Code Title 7 Sec. 9103

• Health facilities corporation: shall mean a nonprofit corporation organized and existing under the laws of the State for the purpose of owning and operating 1 or more health facilities. See Delaware Code Title 16 Sec. 9002
• Health facility: shall mean a facility, located in the State, owned and operated by a health facilities corporation, providing general medical, surgical and emergency treatment to the public. See Delaware Code Title 16 Sec. 9002
• Holder: means a person that is the grantee of an environmental covenant. See Delaware Code Title 7 Sec. 7907
• Hospital: means the Delaware Psychiatric Center and any hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis, care and treatment of persons with mental conditions 18 years of age or older. See Delaware Code Title 16 Sec. 5001
• Hospital: means a hospital licensed, accredited or approved under the laws of any state and includes a hospital operated by the United States government, a state or a subdivision thereof, although not required to be licensed under state laws. See Delaware Code Title 16 Sec. 2710
• Immediate precursor: means a substance which the Secretary has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. See Delaware Code Title 16 Sec. 4701
• Imminent threat of release: means potential for a release which requires action to prevent or mitigate damage to the environment or endangerment to public health or welfare which may result from such a release. See Delaware Code Title 7 Sec. 9103
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Institution: means any institution operated, maintained or under the supervision of the Department of Health and Social Services. See Delaware Code Title 16 Sec. 6001
• 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}
• Ionizing radiation: means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared or ultraviolet light. See Delaware Code Title 16 Sec. 7403
• Isomer: means the optical isomer, except as used in § 4714(d) of this title and § 4716(b)(4) of this title. See Delaware Code Title 16 Sec. 4701
• Issuing authorities: shall mean the State Fire Marshal and such local fire marshals as and to the extent the State Fire Marshal shall so designate. See Delaware Code Title 16 Sec. 7102
• Issuing officers: shall mean the Governor, the Secretary of State and the State Treasurer as defined in § 7401 of Title 29. See Delaware Code Title 16 Sec. 9002
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Juror: A person who is on the jury.
• Juvenile mental health screener: means a person authorized by the Department of Services for Children, Youth and Their Families to assess individuals under the age of 18 for emergency detention. See Delaware Code Title 16 Sec. 5001
• Knowingly: means a person acts knowingly with respect to any delivery, possession, use or consumption within the meaning of this chapter when the person knows or is aware of such delivery, possession, use or consumption. See Delaware Code Title 16 Sec. 4701
• Lawful prescription or order: means a prescription or order that is issued for a legitimate medical purpose by a licensed and registered practitioner pursuant to a "patient-practitioner relationship" as defined in this section, that is not obtained by misrepresentation, fraud, forgery, deception or subterfuge, and is distributed or dispensed in conformity with § 4739 of this title. See Delaware Code Title 16 Sec. 4701
• Leaf marijuana: means the dried leaves and flowering tops of the plant cannabis sativa L. See Delaware Code Title 16 Sec. 4701
• Lender: means :

  a. See Delaware Code Title 7 Sec. 9103

• Licensed practitioner: means any individual who is authorized by law to prescribe drugs in the course of professional practice or research in any state. See Delaware Code Title 16 Sec. 4701
• Lien: A claim against real or personal property in satisfaction of a debt.
• liquefied petroleum gas: as used in this chapter means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal butane and isobutane) and butylenes. See Delaware Code Title 16 Sec. 7201
• Listed: means any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by any 1 of the following nationally recognized testing or inspection agencies: Underwriters Laboratories, Inc. See Delaware Code Title 16 Sec. 7306
• Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging or labeling of a controlled substance:

  a. See Delaware Code Title 16 Sec. 4701

• Manufacturer: shall mean :

  a. See Delaware Code Title 16 Sec. 7116

• Marijuana: means all parts of the plant Cannabis sativa L. See Delaware Code Title 16 Sec. 4701
• Medical examiner: means the Chief Medical Examiner, a Deputy Medical Examiner, an Assistant Medical Examiner, or their designee. See Delaware Code Title 16 Sec. 2710
• Mental condition: means a current, substantial disturbance of thought, mood, perception or orientation which significantly impairs judgment, capacity to control behavior, or capacity to recognize reality. See Delaware Code Title 16 Sec. 5001
• Mental condition: means a mental disorder as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders. See Delaware Code Title 16 Sec. 5181
• Mental health provider: means any professional who provides assessment, care, treatment, counseling, medication, case management, or therapeutic services to an individual with a mental condition, including but not limited to psychiatrists, psychologists, psychiatric nurses and social workers. See Delaware Code Title 16 Sec. 5181
• Mental health services provider: means any physician, registered professional nurse, licensed counselor working in the field of mental health, psychologists and licensed clinical social workers as defined in this chapter. See Delaware Code Title 16 Sec. 5401
• mental hospital: as used in this chapter , shall mean the Delaware Psychiatric Center or such other hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis, care and treatment of mentally ill persons 18 years of age or older. See Delaware Code Title 16 Sec. 5101
• Minor: means an individual who is under 18 years of age. See Delaware Code Title 16 Sec. 2710
• Mortgage loan: means an extension of credit secured by a first or secondary mortgage on any 1-to-4 family residential owner-occupied property intended for personal, family or household purposes, which is:

  a. See Delaware Code Title 5 Sec. 2101

• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgage loan broker: means a person who (i) in the ordinary course of business, for compensation or gain, or in the expectation of compensation or gain, either directly or indirectly, negotiates or offers to negotiate, or arranges or solicits, or offers to arrange or solicit, a mortgage loan on behalf of a borrower, or (ii) holds himself out as being able to serve as an agent for any person in an attempt to obtain a mortgage loan; or (iii) holds himself or herself out as being able to serve as an agent or independent contractor to negotiate the terms or conditions of a mortgage loan on behalf of a lender (but who is not a person employed as an employee or agent of the lender). See Delaware Code Title 5 Sec. 2101
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Natural resources: means land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by Delaware, the United States, any foreign government, any local government, or any Indian tribe. See Delaware Code Title 7 Sec. 9103
• Non-benzodiazepine hypnotic: means any zaleplon, zolpidem, and any schedule II or schedule III drug, as defined by the Controlled Substances Act, 21 U. See Delaware Code Title 16 Sec. 4701
• Office: means the Office of the State Fire Marshal. See Delaware Code Title 16 Sec. 6402
• Oil: means any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene. See Delaware Code Title 16 Sec. 7306
• Operable unit: means any subdivision of a facility in terms of area or environmental media or any other manner approved by the Secretary. See Delaware Code Title 7 Sec. 9103
• Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Delaware Code Title 16 Sec. 4701
• Opium poppy: means the plant of the species Papaver somniferum L. See Delaware Code Title 16 Sec. 4701
• OPO: means the federally certified organ procurement organization for the State. See Delaware Code Title 16 Sec. 2710
• Other controlled substance registrants: means all persons and firms, except persons or firms exempt from registration, who are not classified as pharmacies, distributors, manufacturers, practitioners or researchers. See Delaware Code Title 16 Sec. 4701
• Owner: means a person that owns a fee simple interest in real property that is subject to an environmental covenant. See Delaware Code Title 7 Sec. 7907
• owner: as used in this chapter means any person who holds a written bill of sale under which title or ownership to a container was transferred to such person or any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale. See Delaware Code Title 16 Sec. 7201
• Owner: means any person who owns, keeps, harbors, or is the custodian of a dog. See Delaware Code Title 16 Sec. 3041F
• Owner or operator: means :

  a. See Delaware Code Title 7 Sec. 9103

• Part: includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body, and "part" includes "parts. See Delaware Code Title 16 Sec. 2710
• Patient: means any person with whom the mental health services provider has established a patient-care provider relationship. See Delaware Code Title 16 Sec. 5401
• Patient: means any person admitted, committed to or placed in any such institution for the purpose of treatment. See Delaware Code Title 16 Sec. 6001
• Patient: means any individual receiving involuntary or voluntary care, supportive lodging, treatment or other mental health provider services from a facility. See Delaware Code Title 16 Sec. 5181
• Patient representative: means an individual or entity authorized to act on the patient's behalf by operation of law or express appointment by the patient. See Delaware Code Title 16 Sec. 5181
• Patient-practitioner relationship: means , with respect to prescribing drugs for a patient, that the practitioner is a licensed practitioner who:

  a. See Delaware Code Title 16 Sec. 4701

• Peace officer: means any public officer authorized by law to make arrests in a criminal case. See Delaware Code Title 16 Sec. 5001
• Person: means any individual, corporation, company, association, firm, partnership, society or joint stock company. See Delaware Code Title 16 Sec. 7102
• Person: means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation or authority), limited liability company, association, state, municipality, commission, political subdivision of a state or any interstate body. See Delaware Code Title 7 Sec. 7907
• person: as used in this chapter means any person, firm or corporation. See Delaware Code Title 16 Sec. 7201
• Person: means an individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association or any other legal entity. See Delaware Code Title 16 Sec. 2710
• Person: means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, school district, conservation district, federal government agency, Indian tribe or interstate body. See Delaware Code Title 7 Sec. 9103
• Person: means an individual, corporation, partnership or any other group of individuals however organized. See Delaware Code Title 5 Sec. 2101
• Person: means individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, or any other legal entity. See Delaware Code Title 16 Sec. 4701
• person licensed: means any person duly licensed or regulated by the Commissioner pursuant to this chapter. See Delaware Code Title 5 Sec. 2101
• Person with a mental condition: includes every person with an emotional or psychiatric disorder or disability. See Delaware Code Title 1 Sec. 302
• Personal use quantity: shall mean 1 ounce or less of marijuana in the form of leaf marijuana. See Delaware Code Title 16 Sec. 4701
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan of remedial action: means a detailed plan describing cleanup actions and related information for the containment or permanent removal and disposal of hazardous substances from a facility. See Delaware Code Title 7 Sec. 9103
• Poppy straw: means all parts, except the seeds of the opium poppy, after mowing. See Delaware Code Title 16 Sec. 4701
• Portable oil-fueled heater: means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from 1 location to another. See Delaware Code Title 16 Sec. 7306
• Potentially responsible party: means any person identified pursuant to § 9105(a)(1) through (6) of this title as a person liable with respect to a facility. See Delaware Code Title 7 Sec. 9103
• Practitioner: means :

  a. See Delaware Code Title 16 Sec. 4701

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prescribe: means to give an order for medication or other therapy by authorized personnel which is dispensed to or for an ultimate user but does not include an order for medication which is dispensed for immediate administration to the ultimate user. See Delaware Code Title 16 Sec. 4701
• Prescription drug: means any drug required by federal or state law or regulation to be dispensed only by or on the prescription of a practitioner licensed to prescribe drugs, or which is restricted to use by practitioners only. See Delaware Code Title 16 Sec. 4701
• Prescription drug order: means any written, verbal, or electronic order of a practitioner for a prescription drug issued in accordance with regulations promulgated under this chapter. See Delaware Code Title 16 Sec. 4701
• Primary enclosure: means any structure used or designed for use to restrict a dog to a limited amount of space, including a room, pen, cage, compartment, or hutch. See Delaware Code Title 16 Sec. 3041F
• Probate: Proving a will
• Production: includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance. See Delaware Code Title 16 Sec. 4701
• Proof of age: means a document issued by a governmental agency that gives the person's date of birth including a passport, military identification card, or driver's license. See Delaware Code Title 16 Sec. 4701
• Propellant-actuated power devices or tools: shall mean any tool or special mechanized device or gas generator system which is actuated by smokeless propellant or which releases and directs work through a smokeless propellant charge. See Delaware Code Title 16 Sec. 7102
• Prospective donor: means a person who is dead or whose death is imminent and has been determined by the OPO to have a part that could be medically suitable for transplantation, therapy, research, or education. See Delaware Code Title 16 Sec. 2710
• Prospective purchaser: means a person (or a tenant of a person) that acquires or intends to acquire ownership of a facility after the date of the enactment of this subdivision and that establishes each of the following:

  a. See Delaware Code Title 7 Sec. 9103

• Protected school zone: means either of the following:

  a. See Delaware Code Title 16 Sec. 4701

• Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 5181
• Psychiatrist: means an individual who possesses a valid State of Delaware license to practice medicine and has completed an accredited residency training program in psychiatry. See Delaware Code Title 16 Sec. 5001
• Quality control and quality assurance program: shall mean the laboratory procedures implemented to ensure that operator bias systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing. See Delaware Code Title 16 Sec. 7116
• Quorum: The number of legislators that must be present to do business.
• Radioactive material: means any material (solid, liquid or gas) which emits ionizing radiation spontaneously. See Delaware Code Title 16 Sec. 7403
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Reasonably available: means able to be contacted by the OPO, eye bank or tissue bank through the exercise of reasonable due diligence and willing and able to act in a timely manner consistent with existing medical criteria necessary to make an anatomical gift. See Delaware Code Title 16 Sec. 2710
• Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Delaware Code Title 16 Sec. 2710
• Record: when used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Delaware Code Title 7 Sec. 7907
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Delaware Code Title 16 Sec. 2710
• Recovery specialist: means a medical professional licensed by this or another state or technician trained in accordance with federal standards pursuant to 42 U. See Delaware Code Title 16 Sec. 2710
• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excludes:

  a. See Delaware Code Title 7 Sec. 9103

• Remedial action: means the containment, contaminant mass or toxicity reduction, isolation, treatment, removal, cleanup or monitoring of hazardous substances released into the environment, or the taking of such other actions as may be necessary to prevent, minimize or mitigate harm or risk of harm to the public health or welfare or the environment which may result from a release or an imminent threat of a release of hazardous substances. See Delaware Code Title 7 Sec. 9103
• Remedy: means any action, response or expenditure consistent with the purposes of this chapter to identify, minimize or eliminate any imminent threat posed by any hazardous substances to public health or welfare or the environment including preparation of any plans, conducting of any studies and any investigative, oversight of remedy or monitoring activities with respect to any release or imminent threat of release of a hazardous substance and any health assessments, risk assessments or health effect studies or natural resource damage assessments conducted in order to determine the risk or potential risk to public health or welfare or the environment. See Delaware Code Title 7 Sec. 9103
• Repeatability: shall mean the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. See Delaware Code Title 16 Sec. 7116
• Researcher: means all persons and firms, not a practitioner, who routinely performs scholarly or scientific investigations or inquiries. See Delaware Code Title 16 Sec. 4701
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail dealer: shall mean any person other than a manufacturer or wholesale dealer engaged in selling cigarettes or tobacco products. See Delaware Code Title 16 Sec. 7116
• Retail dog outlet: means any premises where dogs are sold, or offered or maintained for sale, on a retail basis. See Delaware Code Title 16 Sec. 3041F
• Sale: means in addition to its usual meaning, any sale, transfer, exchange, theft, barter, gift or offer for sale and distribution, in any manner or by any means whatsoever. See Delaware Code Title 16 Sec. 7116
• Secretary: means the Secretary of the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
• Secretary: means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee. See Delaware Code Title 7 Sec. 7907
• Secretary: means Secretary of the Department or the Secretary's designee. See Delaware Code Title 7 Sec. 9103
• Secretary: means Secretary of the Department of State or the Secretary's designee in paragraph (22) of this section; §§ 4711; 4713; 4715; 4717; 4718(l); 4719; 4720(c); 4721; 4731; 4732; 4733; 4734(a) and (b); 4735 (b), (c) and (d); 4736(a) and (b); 4737; 4738; 4739(b); 4762(e)(2); 4781(1); 4782; 4783(b); 4785; 4786; 4787(b), (c), (d), (e) and 4791(d) of this title. See Delaware Code Title 16 Sec. 4701
• Security interest: includes a right under a mortgage, deed of trust, assignment, judgment, lien, pledge, security agreement, factoring agreement, or lease and any other right accruing to a person to secure the repayment of money, the performance of a duty, or any other obligation by a nonaffiliated person. See Delaware Code Title 7 Sec. 9103
• Sell: shall mean to sell or to offer or agree to do the same. See Delaware Code Title 16 Sec. 7116
• Service of process: The service of writs or summonses to the appropriate party.
• Site assessment: means the assessment of a facility and/or property to determine whether hazardous substances have entered the environment. See Delaware Code Title 7 Sec. 9103
• State: means the State of Delaware, in the United States. See Delaware Code Title 7 Sec. 7907
• State: includes a state, district, commonwealth, territory, insular possession and any other area subject to the legislative authority of the United States of America. See Delaware Code Title 16 Sec. 2710
• State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof and any area subject to the legal authority of the United States of America. See Delaware Code Title 16 Sec. 4701
• State Fire Marshal: shall mean the Delaware State Fire Marshal or the State Fire Marshal's deputies. See Delaware Code Title 16 Sec. 7116
• sterilization: means any surgical or medical procedure intended to render a person permanently unable to procreate. See Delaware Code Title 16 Sec. 5701
• Structure: means any building or completed construction of any kind, including but not limited to, private dwellings or to any structure used for business, commercial or industrial purposes, but not including buildings under construction or buildings used solely for agricultural purposes. See Delaware Code Title 16 Sec. 7306
• Subsidy contract: shall mean a contract by the State, approved by the issuing officers, providing a subsidy to a health facilities corporation. See Delaware Code Title 16 Sec. 9002
• surgeon: means a physician or surgeon licensed or authorized to practice under the laws of any state. See Delaware Code Title 16 Sec. 2710
• Testator: A male person who leaves a will at death.
• Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Delaware Code Title 16 Sec. 2710
• 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.
• treatment facility: means an entity, other than a licensed hospital, that provides care, supportive lodging or treatment to individuals with a mental condition. See Delaware Code Title 16 Sec. 5181
• Trustee: A person or institution holding and administering property in trust.
• Ultimate user: means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Delaware Code Title 16 Sec. 4701
• Wholesale dealer: shall mean any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains 1 or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person. See Delaware Code Title 16 Sec. 7116