Sections
Subchapter I Licensing 2201 – 2213A
Subchapter II Revolving Credit 2214 – 2226
Subchapter III Closed End Credit 2227 – 2238
Subchapter IV Prohibitions and Penalties 2239 – 2245
Subchapter V Title Loans 2250 – 2261

Terms Used In Delaware Code > Title 5 > Chapter 22

  • Actuarial certification: means a written statement by a member of the American Academy of Actuaries, or other individual acceptable to the Commissioner, that a small employer carrier is in compliance with the provisions of § 7205 of this title, based upon an examination and including a review of the appropriate records and the actuarial assumptions and methods used by the small employer carrier in establishing premium rates for applicable health benefit plans. See Delaware Code Title 19 Sec. 3165
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advertising: means any written, electronic or printed communication, or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet, or similar communications media, including film strips, motion pictures, and videos, which are published, disseminated, circulated, or placed directly before the public in this State for the purpose of creating an interest in or inducing a person to purchase, sell, assign, devise, bequest, or transfer the death benefit or ownership of a life insurance policy pursuant to a viatical settlement contract. See Delaware Code Title 19 Sec. 3328
  • 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.
  • Affiliation period: means a period of time not to exceed 2 months (3 months for late enrollees) during which a health maintenance organization does not collect premiums and coverage issued is not effective. See Delaware Code Title 19 Sec. 3165
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Age: as used in this subchapter means the age of 40 or more years of age. See Delaware Code Title 19 Sec. 710
  • Agency captive insurance company: shall mean an insurance company described in paragraphs (2)a. See Delaware Code Title 18 Sec. 6902
  • Alien: means formed under the laws of any country or jurisdiction other than the United States of America or any of its states, districts, commonwealths and possessions. See Delaware Code Title 18 Sec. 6902
  • Alien captive insurance company: means any captive insurance company formed to write insurance business of a nature that the Commissioner determines is otherwise permissible under this chapter and is licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory standards in a form acceptable to the Commissioner on companies transacting the business of insurance in such jurisdiction. See Delaware Code Title 18 Sec. 6902
  • Alien captive insurance company: means any insurance company formed to write insurance business of a nature that the Commissioner determines is otherwise permissible under this chapter and is licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory standards in a form acceptable to the Commissioner on companies transacting the business of insurance in such jurisdiction. See Delaware Code Title 18 Sec. 6972
  • Allegation: something that someone says happened.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: shall mean :

    a. See Delaware Code Title 19 Sec. 3152

  • Appraisal: A determination of property value.
  • Assessments: means the money payments to the State Unemployment Compensation Fund required by this chapter. See Delaware Code Title 19 Sec. 3302
  • Association: means a mutual benefit association as defined in this section. See Delaware Code Title 19 Sec. 2301C
  • Association: means any legal association of persons that has been in continuous existence for at least 1 year or such lesser period of time approved by the Commissioner, the association members of which, or which does itself, whether or not in conjunction with some or all of the association members:

    a. See Delaware Code Title 18 Sec. 6902

  • Association: means the Delaware Life and Health Insurance Guaranty Association created under § 4406 of this title. See Delaware Code Title 18 Sec. 6852
  • Association captive insurance company: means any captive insurance company that insures risks of the association members of the association and any of their affiliated companies. See Delaware Code Title 18 Sec. 6902
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: as used in this chapter , refers to the attorney-in-fact of a reciprocal insurer. See Delaware Code Title 19 Sec. 2322F
  • 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 State, any political subdivision thereof, or any board, commission, public agency or instrumentality thereof, which operates or takes over the operation of any mass transportation system within this State. See Delaware Code Title 20 Sec. 3130
  • 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.
  • Balanced budget: A budget in which receipts equal outlays.
  • 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: means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year. See Delaware Code Title 19 Sec. 3302
  • Basic health benefit plan: means a lower cost health benefit plan developed pursuant to § 7211 of this title. See Delaware Code Title 19 Sec. 3165
  • Basic health services: means a range of services including at least the following: usual physician services, hospitalization, laboratory, x-ray, emergency and preventive services and out-of-area coverage. See Delaware Code Title 19 Sec. 2371
  • Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Delaware Code Title 19 Sec. 3302
  • Bequest: Property gifted by will.
  • Board: means the board of directors of the program established pursuant to § 7210 of this title [repealed]. See Delaware Code Title 19 Sec. 3165
  • Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 101
  • Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 2301
  • Bona fide association: means , with respect to health insurance coverage offered in Delaware, an association which:

    a. See Delaware Code Title 19 Sec. 3165

  • Branch business: means any insurance business transacted by a branch captive insurance company in this State. See Delaware Code Title 18 Sec. 6902
  • Branch business: means any insurance business transacted by a branch captive insurance company in this State. See Delaware Code Title 18 Sec. 6972
  • Branch captive insurance company: means any foreign captive insurance company or alien captive insurance company that has been issued a certificate of authority by the Commissioner to transact the business of insurance in this State through a business unit with a principal place of business in this State, and has not otherwise been issued a certificate of authority by the Commissioner to transact insurance under this chapter. See Delaware Code Title 18 Sec. 6902
  • Branch captive insurance company: means any alien captive insurance company that has been issued a certificate of authority by the Commissioner to transact the business of insurance in this State through a business unit with a principal place of business in this State, and has not otherwise been issued a certificate of authority by the Commissioner to transact insurance under this chapter. See Delaware Code Title 18 Sec. 6972
  • Branch operations: means any business operations of a branch captive insurance company in this State. See Delaware Code Title 18 Sec. 6902
  • Branch operations: means any business operations of a branch captive insurance company in this State. See Delaware Code Title 18 Sec. 6972
  • Business day: means all calendar days except Saturdays, Sundays and legal holidays (as that term is defined in Chapter 5 of Title 1). See Delaware Code Title 5 Sec. 2250
  • Business of viatical settlements: means an activity involved in, but not limited to, the offering, soliciting, negotiating, procuring, effectuating, purchasing, investing, financing, monitoring, tracking, underwriting, selling, transferring, assigning, pledging, hypothecating or in any other manner, acquiring an interest in a life insurance policy by means of a viatical settlement contract. See Delaware Code Title 19 Sec. 3328
  • Calendar quarter: means the period of 3 consecutive calendar months ending on March 31, June 30, September 30 or December 31, excluding, however, any calendar quarter or portion thereof which occurs prior to January 1, 1938, or the equivalent thereof as the Department may by regulation prescribe. See Delaware Code Title 19 Sec. 3302
  • Capital and surplus: means the amount by which the value of all of the assets of the captive insurance company exceeds all of the liabilities of the captive insurance company, as determined under the method of accounting utilized by the captive insurance company in accordance with the applicable provisions of this chapter. See Delaware Code Title 18 Sec. 6902
  • Capital stock: means common or preferred stock or any hybrid security or other equity security issued by a converted stock insurer or other company or entity pursuant to the exercise of subscription rights granted pursuant to the provisions of § 4975(a)(3) of this title. See Delaware Code Title 19 Sec. 718
  • Captive insurance company: means any pure captive insurance company, association captive insurance company, agency captive insurance company, sponsored captive insurance company, industrial insured captive insurance company, special purpose captive insurance company, special purpose financial captive insurance company, series captive insurance company, or risk retention group, whether domestic, foreign or alien, or branch captive insurance company, licensed under the provisions of this chapter. See Delaware Code Title 18 Sec. 6902
  • Carrier: means any entity that provides health insurance in this State. See Delaware Code Title 19 Sec. 3165
  • Case characteristics: means demographic or other objective characteristics of a small employer that are considered by the small employer carrier in the determination of premium rates for the small employer, provided that claim experience, health status and duration of coverage shall not be case characteristics for the purposes of this chapter. See Delaware Code Title 19 Sec. 3165
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Certificate: shall mean , for the purposes of this chapter, any certificate issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in this State. See Delaware Code Title 19 Sec. 3152
  • 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 managed care organization: means a managed care organization which has been issued a certificate of authority under this title. See Delaware Code Title 19 Sec. 2371
  • Chain of custody: means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition of the specimens and providing for accountability at each stage of collecting, handling, testing, storing and transporting the specimens and reporting test results. See Delaware Code Title 20 Sec. 3132
  • Charging party: means any individual or the Department who initiates proceedings by the filing of a verified charge of discrimination, and who preserves a cause of action in Superior Court by exhausting the administrative remedies pursuant to the provisions of § 714 of this title. See Delaware Code Title 19 Sec. 710
  • Check: means a draft drawn on a bank and payable on demand. See Delaware Code Title 21 Sec. 406
  • Child: includes stepchildren and adopted children and children to whom the deceased stood in loco parentis if members of the decedent's household at the time of the decedent's death, and includes posthumous children but not married children. See Delaware Code Title 19 Sec. 2301
  • Chronically ill: means any of the following:

    a. See Delaware Code Title 19 Sec. 3328

  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Class of business: means all of a carrier's business unless more than 1 class is established pursuant to § 7204 of this title. See Delaware Code Title 19 Sec. 3165
  • Closed end credit: means the extension of credit by a licensee to a borrower pursuant to an arrangement or agreement which is not a revolving credit plan as defined in subchapter II of this chapter. See Delaware Code Title 5 Sec. 2227
  • College or university: shall mean any nonprofit college in the State which is accredited by the appropriate regional accrediting agency. See Delaware Code Title 19 Sec. 3101
  • Commissioner: means the Insurance Commissioner. See Delaware Code Title 18 Sec. 6938
  • Commissioner: means the Insurance Commissioner of this State. See Delaware Code Title 19 Sec. 718
  • Commissioner: shall mean the Insurance Commissioner, the Commissioner's deputies, or the Insurance Department, as appropriate. See Delaware Code Title 19 Sec. 741
  • Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2201
  • Commissioner: shall mean the Insurance Commissioner of this State. See Delaware Code Title 19 Sec. 3152
  • Commissioner: means the Insurance Commissioner of this State. See Delaware Code Title 19 Sec. 3165
  • Commissioner: means the Insurance Commissioner of this State. See Delaware Code Title 19 Sec. 3328
  • Commissioner: means the Insurance Commissioner of this State. See Delaware Code Title 18 Sec. 6902
  • Committee: means the Health Benefit Plan Committee created pursuant to § 7211 of this title. See Delaware Code Title 19 Sec. 3165
  • 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.
  • Compensable occupational diseases: includes all occupational diseases arising out of and in the course of employment only when the exposure stated in connection therewith has occurred during employment. See Delaware Code Title 19 Sec. 2301
  • Competitive employment: means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which a person with a disability is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities. See Delaware Code Title 19 Sec. 742
  • Conspicuous: has the meaning set forth in § 1-201 of Title 6. See Delaware Code Title 5 Sec. 2250
  • Conspicuously displayed: means highlighted through the use of capitalization, bold print, underlining or some combination thereof. See Delaware Code Title 5 Sec. 2227
  • Construction services: includes , without limitation, all building or work on buildings, structures, and improvements of all types such as bridges, dams, plants, highways, parkways, streets, tunnels, sewers, mains, power lines, pumping stations, heaving generators, railways, airports, terminals, docks, piers, wharves, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing and landscaping. See Delaware Code Title 21 Sec. 2139O
  • Contagious disease: is a n infectious disease that can be transmitted from person to person, animal to person, or insect to person. See Delaware Code Title 20 Sec. 3132
  • Controlled unaffiliated business: means any person (other than a natural person in that natural person's individual capacity):

    a. See Delaware Code Title 18 Sec. 6902

  • Converted stock company: means a stock insurer that converted from a mutual insurer under this chapter, or under the laws of any other jurisdiction, or any successor thereto provided that not less than a majority of the shares of voting stock of such successor are owned by a mutual holding company. See Delaware Code Title 19 Sec. 718
  • Counterparty: means a person, other than a natural person, which may but need not be the parent or an affiliate of the special purpose financial captive insurance company, that enters into an SPFC contract with a special purpose financial captive insurance company. See Delaware Code Title 18 Sec. 6952
  • Credit device: means any card, check, identification code or other means of identification contemplated by the agreement governing the plan. See Delaware Code Title 5 Sec. 2214
  • 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
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Debarment: means that no public construction contract in this State shall be bid on, awarded to or received by any employer or any person, firm, partnership or corporation in which such employer has an interest who, within 2 years after entry of a judgment pursuant to this chapter, is adjudicated in violation of this chapter in a subsequent proceeding, until 3 years have elapsed from the date of the subsequent penalty judgment. See Delaware Code Title 21 Sec. 2139O
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Insurance of this State. See Delaware Code Title 19 Sec. 718
  • Department: means the Delaware Department of Insurance. See Delaware Code Title 19 Sec. 2371
  • Department: has the meaning given such term in § 102 of this title. See Delaware Code Title 18 Sec. 6902
  • Department: means the Department of Labor. See Delaware Code Title 19 Sec. 101
  • Department: means the Department of Labor or its authorized representatives. See Delaware Code Title 20 Sec. 3135
  • Department: means the Department of Labor or its authorized representatives. See Delaware Code Title 21 Sec. 401
  • Department: means the Department of Labor or its authorized representatives. See Delaware Code Title 21 Sec. 406
  • Department: means the Department of Labor. See Delaware Code Title 19 Sec. 2301
  • Department: means the Department of Labor. See Delaware Code Title 19 Sec. 3302
  • Department of Labor: means the Department of Labor of the State. See Delaware Code Title 20 Sec. 3122
  • Dependent: means a spouse, a child under the age of 26 years, and an unmarried child of any age who is medically certified as totally disabled and dependent upon the parent. See Delaware Code Title 19 Sec. 3165
  • Dependent: includes all persons other than the injured employee who are entitled to compensation under the elective schedule set forth in this chapter, and wherever the context requires it, includes the personal representatives and the surviving spouse of the deceased, and guardians of infants or trustees for incompetent persons. See Delaware Code Title 19 Sec. 2301
  • Dependent children: shall include stepchildren, adopted children and children to whom the deceased stood in loco parentis, if members of the decedent's household at the time of death. See Delaware Code Title 19 Sec. 3101
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Disability: means any condition or characteristic that renders a person a person with a disability as defined in paragraph (4) of this section. See Delaware Code Title 19 Sec. 722
  • Disability: means , with respect to an individual:

    a. See Delaware Code Title 19 Sec. 742

  • Disaster: means a catastrophic condition caused by a man-made event (including, but not limited to, industrial, nuclear or transportation accident, explosion, conflagration, power failure, act of domestic terrorism, natural resource shortage or other condition resulting from man-made causes, such as hazardous materials spills and other injurious environmental contamination), natural event (including, but not limited to, any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mud slide, snowstorm, drought, fire or explosion) or war-caused event (following an attack upon the United States caused by use of bombs, missiles, shellfire or nuclear, radiological, chemical or biological means, or other weapons, or overt paramilitary actions, or other conditions such as sabotage) which results in substantial damage to property or the environment, and/or hardship, suffering, injury or possible loss of life. See Delaware Code Title 20 Sec. 3102
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • dollars: means lawful money of the United States. See Delaware Code Title 6 Sec. 4307
  • Domestic mutual company: means a mutual insurer domiciled in this State. See Delaware Code Title 19 Sec. 718
  • Domestic violence: means the same as defined in § 1041 of Title 10, verified by an official document, such as a court order, or by a reliable third-party professional, including a law-enforcement agency or officer, a domestic violence or domestic abuse service provider, or health-care provider. See Delaware Code Title 19 Sec. 710
  • Dormant captive insurance company: means a captive insurance company which meets all of the following criteria for an entire calendar year:

    a. See Delaware Code Title 18 Sec. 6902

  • Eligible employee: means an employee who works on a full-time basis and has a normal work week of 30 or more hours. See Delaware Code Title 19 Sec. 3165
  • Eligible member: means a member of a mutual company whose policy is in force on the date the mutual company's governing body adopts a plan of conversion or such earlier date as the mutual company may establish with the consent of the Commissioner. See Delaware Code Title 19 Sec. 718
  • 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: means any situation which requires efforts and capabilities to save lives or to protect property, public health and safety, or to lessen or avert the threat of a disaster in Delaware. See Delaware Code Title 20 Sec. 3102
  • Emergency management: means the mitigation, preparedness, response and recovery functions necessary to save lives and to protect property, public health and safety or to lessen or avert the threat of a disaster in any part of the State, other than functions for which military forces or other federal agencies are primarily responsible. See Delaware Code Title 20 Sec. 3102
  • Employee: includes any individual employed by an employer but shall not include:

    a. See Delaware Code Title 20 Sec. 3135

  • Employee: means any person suffered or permitted to work by an employer under a contract of employment either made in Delaware or to be performed wholly or partly therein. See Delaware Code Title 21 Sec. 406
  • Employee: means a person employed full or part-time by any employer, and shall include, but not be limited to, at-will employees, contract employees, independent contractors, and volunteer firefighters as defined in § 6651(c) of Title 16. See Delaware Code Title 21 Sec. 2125
  • Employee: means any person or entity directly hired by, or directly permitted to work by an employer in the State, for work to be performed wholly or partly therein. See Delaware Code Title 21 Sec. 2139O
  • Employee: means every person in service of any corporation (private, public, municipal or quasi-public), association, firm or person, excepting those employees excluded by this subchapter, under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration, excluding spouse and minor children of a farm employer unless the spouse or minor child is a bona fide employee of a farm employer and is named in an endorsement to the farm employer's contract of insurance, and excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his or her employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the worker's own home, or on the premises not under the control or management of the employer. See Delaware Code Title 19 Sec. 2301
  • Employee: means an individual employed by an employer, but does not include:

    a. See Delaware Code Title 19 Sec. 710

  • Employee: means any person currently employed, laid off with reemployment rights or on leave of absence. See Delaware Code Title 19 Sec. 731
  • Employer: includes any person, excepting those provided for in subsection (b) of this section, acting directly or indirectly in the interest of any employer in relation to any employee but shall not include the United States or the State or any political subdivision thereof. See Delaware Code Title 19 Sec. 101
  • Employer: includes any individual, partnership, association, corporation, statutory trust, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Delaware Code Title 20 Sec. 3135
  • Employer: means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual or the receiver, trustee or successor of any of the same employing any person. See Delaware Code Title 21 Sec. 406
  • Employer: means any person, partnership, association, sole proprietorship, corporation or other business entity, including any department, agency, commission, committee, board, council, bureau, or authority or any subdivision of them in state, county or municipal government. See Delaware Code Title 21 Sec. 2125
  • Employer: includes all those who employ others unless they are excluded from the application of this chapter by any provision of this subchapter, and if the employer is insured, the term shall include the insurer as far as practicable; employer shall also include the governing body for which employable relief recipients are assigned work under §§ 901-905 of Title 31. See Delaware Code Title 19 Sec. 2301
  • Employer: means any person employing 10 or more employees; and

    (2) "Volunteer emergency responder" means a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, volunteer emergency medical technician and/or a volunteer fire police officer. See Delaware Code Title 21 Sec. 2133

  • Employer: means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual or the receiver, trustee or successor of any of the same employing any person excepting those provided for in subsection (b) of this section. See Delaware Code Title 21 Sec. 2139O
  • Employer: means :

    (A)(i) Any employing unit which after December 31, 1971,

    (I) In any calendar quarter in either the current or preceding calendar year paid for service in employment wages of $1,500 or more, or

    (II) For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or preceding calendar year, had in employment at least 1 individual (irrespective of whether the same individual was in employment in each such day);

    (ii) Any employing unit for which agricultural labor as defined in paragraph (11)(A)(vii) of this section is performed after December 31, 1977;

    (iii) Any employing unit for which domestic service as defined in paragraph (11)(B) of this section is performed after December 31, 1977;

    (iv)(I) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under paragraphs (8)(A)(i) and (ii) of this section the wages earned or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account;

    (II) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under paragraphs (8)(A)(i) and (iii) of this section, the wages earned or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. See Delaware Code Title 19 Sec. 3302

  • Employer: means any person employing 4 or more employees within the State at the time of the alleged violation, including the State or any political subdivision or board, department, commission or school district thereof. See Delaware Code Title 19 Sec. 710
  • Employer: means a person qualifying as an employer under § 710 of this title. See Delaware Code Title 19 Sec. 722
  • Employer: shall mean any individual, person, partnership, association, corporation, the State, any of its political subdivisions or any agency, authority, board or commission created by them. See Delaware Code Title 19 Sec. 731
  • Employing unit: means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance 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, 1936, had in its employ 1 or more individuals performing services for it within this State. See Delaware Code Title 19 Sec. 3302
  • employment: means to suffer or permit to work, but does not include:

    a. See Delaware Code Title 20 Sec. 3122

  • Employment: means :

    (A) Any service performed prior to January 1, 1978, which was employment as defined in this paragraph prior to such date and, subject to the other provisions of this paragraph, service performed after December 31, 1977, including service in interstate commerce, by

    (i) Any officer of a corporation after December 31, 1995. See Delaware Code Title 19 Sec. 3302

  • Employment agency: means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. See Delaware Code Title 19 Sec. 710
  • Employment office: means a free public employment office or branch thereof operated by this State or 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 Delaware Code Title 19 Sec. 3302
  • enterprise risk: shall mean any activity, circumstance, event or series of events, involving 1 or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including, but not limited to, anything that would cause the insurer's risk-based capital to fall into company action level as set forth in § 5803 of this title or would cause the insurer to be in hazardous financial condition as set forth in Section 3 of Department of Insurance Regulation 304 — Standards and Commissioner's Authority for Companies Deemed to be in Hazardous Financial Condition [CDR 18-300-304-3. See Delaware Code Title 19 Sec. 741
  • equity security: when used in this chapter means any stock or similar security or any security convertible, with or without consideration, into such a security or carrying any warrant or right to subscribe to or purchase such a security, or any such warrant or right, or any other security which the Commissioner deems to be of similar nature and considers necessary or appropriate, by such rules and regulations as the Commissioner may prescribe in the public interest or for the protection of investors, to treat as an equity security. See Delaware Code Title 19 Sec. 1612
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established geographic service area: means a geographic area, as approved by the Commissioner and based on the carrier's certificate of authority to transact insurance in this State, within which the carrier is authorized to provide coverage. See Delaware Code Title 19 Sec. 3165
  • Ex officio: Literally, by virtue of one's office.
  • Executive officers: means the president, any vice-president, secretary, treasurer or any other executive officer elected and empowered by the board of directors in accordance with the charter and the regularly adopted bylaws of the corporation. See Delaware Code Title 19 Sec. 2301
  • Exempt person: means any individual who:

    a. See Delaware Code Title 21 Sec. 2139O

  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Family responsibilities: means the obligations of an employee to care for any family member who would qualify as a covered family member under the Family and Medical Leave Act [26 U. See Delaware Code Title 19 Sec. 710
  • Financing entity: means an underwriter, placement agent, lender, purchaser of securities, purchaser of a policy or certificate from a viatical settlement provider, credit enhancer, or any person that has a direct ownership in a policy or certificate that is the subject of a viatical settlement contract and all of the following:

    a. See Delaware Code Title 19 Sec. 3328

  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Foreign: means formed under the laws of any state. See Delaware Code Title 18 Sec. 6902
  • Foreign mutual insurer: means a mutual insurer domiciled in a jurisdiction other than this State. See Delaware Code Title 19 Sec. 718
  • 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
  • Fraudulent viatical settlement act: includes :

    a. See Delaware Code Title 19 Sec. 3328

  • Full age: means the age of 18 years or older. See Delaware Code Title 6 Sec. 4307
  • Fund: means the Unemployment Compensation Fund established by this title to which all assessments required and from which all benefits provided under this chapter shall be paid. See Delaware Code Title 19 Sec. 3302
  • 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
  • Gender identity: means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth. See Delaware Code Title 19 Sec. 710
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gratuities: means voluntary monetary contributions received by an employee from a guest, patron or customer for services rendered. See Delaware Code Title 20 Sec. 3135
  • Group long-term care insurance: shall mean a long-term care insurance policy which is delivered or issued for delivery in this State and issued to:

    a. See Delaware Code Title 19 Sec. 3152

  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Health benefit plan: means any hospital or medical expense policy or certificate, hospital or medical service corporation contract, health maintenance organization or health service corporation subscriber contract or any other similar health contract, including a high deductible medical expense policy used in conjunction with a medical savings account, subject to the jurisdiction of the Commissioner available for use, offered or sold to an individual in the State of Delaware. See Delaware Code Title 19 Sec. 3165
  • Health care provider: means any person or entity who provides health care services, including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, emergency medical or laboratory technicians, and ambulance and emergency medical workers. See Delaware Code Title 20 Sec. 3132
  • Health-care services: means any service included in the furnishing to any individual of medical or dental care, or hospitalization or incidental to the furnishing of such care or hospitalization, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing or healing human illness, injury or physical disability. See Delaware Code Title 19 Sec. 2371
  • Hearing officer: means a hearing officer appointed pursuant to § 2301B of this title. See Delaware Code Title 19 Sec. 2301
  • Immediate family: means a parent, spouse, child or sibling of a sole proprietor or partner. See Delaware Code Title 19 Sec. 2301
  • 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
  • Independent contractor: means an individual who:

    a. See Delaware Code Title 21 Sec. 2139O

  • Index rate: means , for each class of business as to a rating period for small employers, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate. See Delaware Code Title 19 Sec. 3165
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Industrial insured: means an insured:

    a. See Delaware Code Title 18 Sec. 6902

  • Industrial insured captive insurance company: means any captive insurance company that insures risks of the industrial insureds that comprise the industrial insured group and any of their affiliated companies. See Delaware Code Title 18 Sec. 6902
  • Industrial insured group: means any group of industrial insureds that collectively:

    a. See Delaware Code Title 18 Sec. 6902

  • Infectious disease: is a disease caused by a living organism or other pathogen, including a fungus, bacillus, parasite, protozoan or virus. See Delaware Code Title 20 Sec. 3132
  • Infectious waste: means :

    a. See Delaware Code Title 20 Sec. 3132

  • Insolvent insurer: means a member insurer which after the effective date of this chapter, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Delaware Code Title 18 Sec. 6852
  • Insurance: has the meaning given such term in § 102 of this title. See Delaware Code Title 18 Sec. 6902
  • Insurance carrier: means any insurance corporation, mutual association or company or interinsurance exchange which insures employers against liability under this chapter or against liability at common law for accidental injuries to employees. See Delaware Code Title 19 Sec. 2301
  • insurance holding company system: consists of 2 or more affiliated persons, 1 or more of which is an insurer. See Delaware Code Title 19 Sec. 741
  • insurance policy: means an individual or group policy, group certificate, contract, or arrangement of life insurance owned by a resident of this State, regardless of whether delivered or issued for delivery in this State. See Delaware Code Title 19 Sec. 3328
  • Insurer: has the meaning given such term in § 102 of this title. See Delaware Code Title 18 Sec. 6902
  • Integrated setting: means with respect to an employment outcome, a setting typically found in the community in which persons with disabilities interact with persons without disabilities, other than persons without disabilities who are providing services to those persons with disabilities, to the same extent that persons without disabilities in comparable positions interact with other persons. See Delaware Code Title 19 Sec. 742
  • internationally active insurance group: is a n insurance holding company system that meets all of the following criteria:

    a. See Delaware Code Title 19 Sec. 741

  • Ionizing radiation: means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter. See Delaware Code Title 19 Sec. 2301
  • Job related and consistent with business necessity: means the condition in question renders the individual unable to perform the essential functions of the position that such individual holds or desires. See Delaware Code Title 19 Sec. 710
  • Knowingly: means having actual knowledge of, or acting with deliberate ignorance, or reckless disregard for the prohibition involved. See Delaware Code Title 21 Sec. 2139O
  • Labor organization: includes any organization of any kind, any agency or employee representation committee, group, association or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, any conference, general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor organization. See Delaware Code Title 19 Sec. 710
  • 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 tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • lender: means any person duly licensed or regulated by the Commissioner pursuant to this chapter and, in addition, means any person or class of persons exempt from any or all of the provisions of this chapter in accordance with § 2202(b) of this title, to the extent and for such purposes as determined by the Commissioner in order to effectuate the purposes of this chapter. See Delaware Code Title 5 Sec. 2201
  • Licensee: means a premium finance company holding a license issued by the Commissioner under this chapter. See Delaware Code Title 18 Sec. 6938
  • Life insurance producer: means any person licensed in this State as a resident or nonresident insurance producer who has received qualification or authority for life insurance coverage or a life line of coverage pursuant to Chapter 17 of this title. See Delaware Code Title 19 Sec. 3328
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means cash advances or loans to be paid to or for the account of the borrower. See Delaware Code Title 5 Sec. 2214
  • Loan: means any single extension of closed end credit. See Delaware Code Title 5 Sec. 2227
  • Long-term care insurance: shall mean any insurance policy or rider advertised, marketed, offered or designed to provide coverage for not less than 12 consecutive months for each covered person on an expense incurred, indemnity, prepaid or other basis, for 1 or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance or personal care services, provided in a setting other than an acute care unit of a hospital. See Delaware Code Title 19 Sec. 3152
  • Managed care organization: means a public or private organization, organized under the laws of any state, which:

    a. See Delaware Code Title 19 Sec. 2371

  • manufacturer: shall include any maker of new, incomplete vehicles and such maker's authorized sales and service representatives; any maker or final assembler of vehicle bodies, components or specialized equipment; and any installer of vehicle bodies, major components or specialized equipment which alters the vehicle's gross vehicle weight rating, or which substantially changes its use, and which conforms to the requirements of the National Traffic and Motor Vehicle Safety Act [repealed; see now 49 U. See Delaware Code Title 21 Sec. 2105
  • Mass transportation system: means transportation of the public by bus, rail or any other means of conveyance serving the general public and moving under prescribed routes. See Delaware Code Title 20 Sec. 3130
  • Minor: means a person under the age of 18 years;

    (5) "Secretary" means the Secretary of Labor for the State or the Secretary's authorized representative. See Delaware Code Title 20 Sec. 3122

  • Minority leader: See Floor Leaders
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Mutual benefit association: means a corporation, society, order or association which has no capital stock, which issues certificates of membership providing for payment of benefits in case of sickness, disability or death of its members and which accumulates funds by the collection of fees or dues from its members, at either stated or irregular intervals, with which to discharge its liabilities on its membership certificates and with which to pay the administrative expenses, but fraternal benefit societies as defined in Chapter 62 of this title shall not be deemed to be mutual benefit associations. See Delaware Code Title 19 Sec. 2301C
  • Mutual company: means a mutual insurer that is seeking to convert to a stock insurer under this chapter, including a captive insurance company (notwithstanding § 6916 of this title) that is incorporated as a nonstock corporation and including a foreign mutual insurer that has applied to redomesticate to this State with an intent to file an application to convert from mutual to stock form under this chapter. See Delaware Code Title 19 Sec. 718
  • Mutual holding company: means :

    1. See Delaware Code Title 19 Sec. 718

  • National Defense Act: means an act of Congress, entitled, "An Act for making further and more effectual provisions for the national defense, and for other purposes" approved by the President, June 3, 1916, and any and all acts amendatory and supplementary thereto. See Delaware Code Title 20 Sec. 102
  • New business premium rate: means , for each class of business as to a rating period, the lowest premium rate charged or offered or which could have been charged or offered by the small employer carrier to small employers with similar case characteristics for newly issued health benefit plans with the same or similar coverage. See Delaware Code Title 19 Sec. 3165
  • No cause determination: means that the Department has completed its investigation and found that there is no reasonable cause to believe that an unlawful employment practice has occurred or is occurring. See Delaware Code Title 19 Sec. 710
  • 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.
  • Occupation: means any occupation, service, trade, business, industry or branch or group of industries or employment or class of employment in which employees are gainfully employed. See Delaware Code Title 20 Sec. 3135
  • Operator: shall mean any person that operates or exercises control over any silvicultural activity. See Delaware Code Title 3 Sec. 1072
  • Outstanding unpaid indebtedness: means on any day an amount not in excess of the total amount of purchases from participating merchants and loans charged to the borrower's account under the plan which is outstanding and unpaid at the end of the day, after adding the aggregate amount of any new purchases from participating merchants and loans charged to the account as of that day and deducting the aggregate amount of any payments and credits applied to that indebtedness as of any day and, if the agreement providing the plan so provides, may include the amount of any interest and additional charges, including late or delinquency charges, which have accrued to the account and which are unpaid at the end of the day. See Delaware Code Title 5 Sec. 2214
  • Owner: shall mean any person that (a) owns or leases land on which silvicultural activity occurs or (b) owns timber on land which silvicultural activity occurs. See Delaware Code Title 3 Sec. 1072
  • Parent: means a person that directly or indirectly owns, controls, or holds with power to vote more than 50 percent of the outstanding voting securities or other voting interests of a pure captive insurance company. See Delaware Code Title 18 Sec. 6902
  • Participant: means any person, including any counterparty as defined in § 6952(1) of this title, that is insured by a sponsored captive insurance company, where the losses of the participant are limited through a participant contract to the participant's pro rata share of the assets of 1 or more protected cells identified in the participant contract. See Delaware Code Title 18 Sec. 6932
  • Participant contract: means a contract by which a sponsored captive insurance company insures the risks of 1 or more participants, and limits the losses of each participant to its pro rata share of the assets of 1 or more protected cells identified in the participant contract, including an SPFC contract as defined in § 6952 of this title. See Delaware Code Title 18 Sec. 6932
  • Participating policy: means a policy that grants a holder the right to receive dividends if, as and when declared by the mutual company. See Delaware Code Title 19 Sec. 718
  • Payment period: means the period of time scheduled by the terms of a loan to elapse between the days upon which installment payment are required to be made on such loan. See Delaware Code Title 5 Sec. 2201
  • Permanent disability: shall mean a permanent physical condition arising out of and in the course of actions in the line of duty, but shall not include permanent disability from an injury or disease, which, although aggravated in the line of duty, was not originally sustained in the line of duty; provided, however, that said permanent disability must be sufficient to disable the covered firefighter so that the firefighter is unable to do the work normally required for the job or employment which he or she held at the time he or she was disabled. See Delaware Code Title 19 Sec. 3123
  • Permitted investments: means those investments that meet the qualifications set forth in § 6910(b) of this title. See Delaware Code Title 18 Sec. 6952
  • Person: means an individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a trust, an unincorporated organization, a similar entity, or a combination of the foregoing acting in concert. See Delaware Code Title 19 Sec. 718
  • person: is a n individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert, but shall not include any joint venture partnership exclusively engaged in owning, managing, leasing or developing real or tangible personal property. See Delaware Code Title 19 Sec. 741
  • Person: means an individual, corporation, partnership or any other business entity or group or combination of individuals however organized. See Delaware Code Title 5 Sec. 2201
  • Person: means a legal entity, including an individual, partnership, limited liability company, association, trust, corporation, or other legal entity. See Delaware Code Title 19 Sec. 3328
  • Person: shall mean the State, or any county, municipality, corporation or other political subdivision of the State or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association or public or private corporation, or principal(s) in business ventures operating under more than 1 name, or any other entity. See Delaware Code Title 3 Sec. 1052
  • Person: means an individual, partnership, association, corporation, statutory trust, business trust, legal representative or any organized group of persons. See Delaware Code Title 19 Sec. 101
  • Person: means a natural person, partnership (whether general or limited), trust, estate, association, corporation, limited liability company, statutory trust, business trust, custodian, nominee or any other individual or entity in its own or any representative capacity, in each case whether domestic, foreign, or alien. See Delaware Code Title 18 Sec. 6902
  • Person: means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. See Delaware Code Title 21 Sec. 2125
  • Person: includes 1 or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers. See Delaware Code Title 19 Sec. 710
  • Person: means an individual, corporation, limited liability company, partnership, association, governmental body or entity or voluntary organization. See Delaware Code Title 18 Sec. 6852
  • Person with a disability: means any person who:

    a. See Delaware Code Title 19 Sec. 722

  • Personal property: All property that is not real property.
  • Personnel file: means , if maintained by the employer, any application for employment, wage or salary information, notices of commendations, warning or discipline, authorization for a deduction or withholding of pay, fringe benefit information, leave records, employment history with the employer, including salary information, job title, dates of changes, retirement record, attendance records, performance evaluations and medical records. See Delaware Code Title 19 Sec. 731
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: means a plan adopted by a mutual company's governing body to convert the mutual company into a stock company in accordance with the requirements of this chapter. See Delaware Code Title 19 Sec. 718
  • plan: means a plan contemplating the extension of credit under an account governed by an agreement between a licensee and a borrower pursuant to which:

    a. See Delaware Code Title 5 Sec. 2214

  • Plan of operation: means the plan of operation of the program established pursuant to § 7210 of this title [repealed]. See Delaware Code Title 19 Sec. 3165
  • 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.
  • Policy: means an insurance policy, including an annuity contract. See Delaware Code Title 19 Sec. 718
  • Policy: shall mean , for the purposes of this chapter, any policy, contract, subscriber agreement, rider or endorsement delivered or issued for delivery in this State by an insurer; fraternal benefit society; nonprofit health, hospital or medical service corporation; prepaid health plan; health maintenance organization or any similar organization. See Delaware Code Title 19 Sec. 3152
  • Political subdivision: means any town, city or county within the State. See Delaware Code Title 20 Sec. 3102
  • Pollution: shall mean such alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as a present or possible future source of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural or other reasonable uses. See Delaware Code Title 3 Sec. 1072
  • 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.
  • Pregnancy: means pregnancy, childbirth, or a related condition, including, but not limited to, lactation. See Delaware Code Title 19 Sec. 710
  • Premium: means all moneys paid by a small employer and eligible employees as a condition of receiving coverage from a small employer carrier, including any fees or other contributions associated with the health benefit plan. See Delaware Code Title 19 Sec. 3165
  • Premium finance agreement: means an agreement by which an insured or prospective insured promises to pay to an insurance premium financing company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent or broker in payment of premiums on an insurance contract together with a service charge as authorized and limited by this chapter. See Delaware Code Title 18 Sec. 6938
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Probate: Proving a will
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Producer: means agent and/or broker. See Delaware Code Title 19 Sec. 3165
  • Program: means the Delaware Small Employer Reinsurance Program created by § 7210 of this title [repealed]. See Delaware Code Title 19 Sec. 3165
  • Protected cell: has the meaning given such term in § 6932(3) of this title. See Delaware Code Title 18 Sec. 6902
  • Protected cell: means a separate and distinct account established and maintained by or on behalf of a sponsored captive insurance company in which assets, including assets invested pursuant to § 6937 of this title, are accounted for and recorded for 1 or more participants in accordance with the terms of 1 or more participant contracts to fund the liability of the sponsored captive insurance company assumed on behalf of the participants as set forth in the participant contracts. See Delaware Code Title 18 Sec. 6932
  • Protected health information: means any information, whether oral, written, electronic, visual, pictorial, physical or any other form, that relates to an individual's past, present or future physical or mental health status, condition, treatment, service, products purchased, or provision of care and that reveals the identity of the individual whose health care is the subject of the information, or about which there is a reasonable basis to believe such information could be utilized (either alone or with other information that is or should reasonably be known to be available to predictable recipients of such information) to reveal the identity of that individual. See Delaware Code Title 20 Sec. 3132
  • Public body: means all of the following:

    a. See Delaware Code Title 21 Sec. 2125

  • Public body: means :

    a. See Delaware Code Title 21 Sec. 2139O

  • Public employer: means the State of Delaware, its agencies, or political subdivisions. See Delaware Code Title 19 Sec. 710
  • Public health authority: means the Secretary of Health and Social Services or such person as the Secretary may designate with the Governor's consent. See Delaware Code Title 20 Sec. 3132
  • public health emergency: is a n occurrence or imminent threat of an illness or health condition that:

    a. See Delaware Code Title 20 Sec. 3132

  • 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 safety authority: means the Director of the Delaware Emergency Management Agency or such other person as the Governor may designate. See Delaware Code Title 20 Sec. 3132
  • Pure captive insurance company: means any captive insurance company that insures risks of its parent and any of such parent's affiliated companies and any controlled unaffiliated business. See Delaware Code Title 18 Sec. 6902
  • Qualified medical personnel: means medical personnel who voluntarily provide their services without compensation through participation in a state-recognized group of providers organized for the sole purpose of assisting in emergency or disaster relief operations and activities in connection with any emergency or disaster pursuant to this chapter, such as, but not limited to, a Medical Reserve Corps. See Delaware Code Title 20 Sec. 3102
  • Qualified person with a disability: means a person with a disability who, with or without reasonable accommodation, can satisfactorily perform the essential functions of the job in question:

    a. See Delaware Code Title 19 Sec. 722

  • qualifying existing coverage: means benefits or coverage provided under:

    a. See Delaware Code Title 19 Sec. 3165

  • Rating period: means the calendar period for which premium rates established by a small employer carrier are assumed to be in effect. See Delaware Code Title 19 Sec. 3165
  • Reasonable accommodation: has the meaning given this term in § 722 of this title, except that all references to disability shall instead be references to known limitations of a person related to pregnancy, childbirth, or a related condition. See Delaware Code Title 19 Sec. 710
  • Reasonable accommodation: means making reasonable changes in the work place, including, but not limited to, making facilities accessible, modifying equipment and providing mechanical aids to assist in operating equipment, or making reasonable changes in the schedules or duties of the job in question that would accommodate the known disability of a person with a disability by enabling such person to satisfactorily perform the essential duties of the job in question; provided that "reasonable accommodation" unless otherwise prescribed by applicable law, does not require that an employer:

    a. See Delaware Code Title 19 Sec. 722

  • Reasonable cause determination: means that the Department has completed its investigation and found reasonable cause to believe that an unlawful employment practice has occurred or is occurring. See Delaware Code Title 19 Sec. 710
  • Recess: A temporary interruption of the legislative business.
  • Reciprocal insurer: has the meaning given such term in § 503 of this title. See Delaware Code Title 18 Sec. 6902
  • Regular benefits: means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-service persons pursuant to 5 U. See Delaware Code Title 19 Sec. 3302
  • Related provider trust: means a titling trust or other trust established by a licensed viatical settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction. See Delaware Code Title 19 Sec. 3328
  • Religion: as used in this subchapter includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that the employer is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. See Delaware Code Title 19 Sec. 710
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reproductive health decision: means any decision related to the use or intended use of a particular drug, device, or medical service, including the use or intended use of contraception or fertility control or the planned or intended initiation or termination of a pregnancy. See Delaware Code Title 19 Sec. 710
  • 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.
  • Respondent: means any person named in the Charge of Discrimination, including but not limited to employers, employment agencies, labor organizations, joint labor-management committees, controlling apprenticeship or other training programs including on-the-job training programs. See Delaware Code Title 19 Sec. 710
  • Response: means any action taken to reduce or eliminate the immediate or short-term risk to human life and/or property from any hazard. See Delaware Code Title 20 Sec. 3102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted network provision: means any provision of a health benefit plan that conditions the payment of benefits, in whole or in part, on the use of health-care providers that have entered into a contractual arrangement with the carrier pursuant to Chapter 64 of this title or otherwise to provide health-care services to covered individuals. See Delaware Code Title 19 Sec. 3165
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Right of recission: means , with respect to any short-term consumer loan, the right to return any amount borrowed, in full, on or before the close of business of the business day following the day on which such sum has been disbursed or advanced without the incursion of any fee or other charges. See Delaware Code Title 5 Sec. 2227
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Risk retention group: means a risk retention group formed pursuant to the Liability Risk Retention Act of 1986, 15 U. See Delaware Code Title 18 Sec. 6902
  • Risk-assuming carrier: means a small employer carrier whose application is approved by the Commissioner pursuant to § 7209 of this title. See Delaware Code Title 19 Sec. 3165
  • Rollover: means , with respect to any short-term consumer loan, the extension of an outstanding and unpaid indebtedness beyond the stated repayment period solely on the basis of the payment of a fee without approval of a new loan application. See Delaware Code Title 5 Sec. 2227
  • Rollover: means the extension of an outstanding and unpaid indebtedness beyond the originally stated repayment period. See Delaware Code Title 5 Sec. 2250
  • Secretary: shall mean the Secretary of the Department of Agriculture. See Delaware Code Title 3 Sec. 1052
  • Secretary: means the Secretary of the Department of Labor or the Secretary's designee. See Delaware Code Title 19 Sec. 710
  • Secretary of Labor: shall mean the Secretary of Labor or the Secretary's authorized designee, provided, that any such delegation of authority is consistent with Chapter 85 of Title 29. See Delaware Code Title 19 Sec. 101
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Series: means a series established under §§ 17-218(b), 18-215(b) of Title 6, § 3804(a) of Title 12, or corresponding law of another state. See Delaware Code Title 18 Sec. 6902
  • Series captive insurance company: means a series which has received a certificate of authority pursuant to this chapter. See Delaware Code Title 18 Sec. 6902
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sexual offense: means the same as defined in § 761 of Title 11, verified by an official document, such as a court order, or by a reliable third-party professional, including a law-enforcement agency or officer, a domestic violence or domestic abuse service provider, or health-care provider. See Delaware Code Title 19 Sec. 710
  • Sheltered workshop: means an accredited occupationally-oriented facility, including a work activities center, operated by a private nonprofit agency, which, except for its administrative and support staff, employs disabled persons certified under special provisions of federal minimum wage laws by the Wage and Hour Division, United States Department of Labor. See Delaware Code Title 21 Sec. 401
  • Short-term consumer loan: means a loan of $1,000 or less made to an individual borrower that charges interest and/or fees for which the stated repayment period is less than 60 days and is not secured by title to a motor vehicle. See Delaware Code Title 5 Sec. 2227
  • Silvicultural activity: shall mean any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation. See Delaware Code Title 3 Sec. 1072
  • Small employer: means any person, firm, corporation, partnership or association that is actively engaged in business that, on at least 50% of its working days during the preceding calendar quarter, employed no more than 50 eligible employees, the majority of whom were employed within this State. See Delaware Code Title 19 Sec. 3165
  • Small employer carrier: means a carrier that offers health benefit plans covering eligible employees of 1 or more small employers in this State. See Delaware Code Title 19 Sec. 3165
  • Special purpose captive insurance company: means any person that is licensed under this chapter and designated as a special purpose captive insurance company by the Commissioner. See Delaware Code Title 18 Sec. 6902
  • Special purpose entity: means a corporation, partnership, trust, limited liability company or other similar entity formed solely to provide either directly or indirectly access to institutional capital markets:

    a. See Delaware Code Title 19 Sec. 3328

  • Special purpose financial captive insurance company: means a captive insurance company that is granted a certificate of authority under subchapter III of this chapter of this title. See Delaware Code Title 18 Sec. 6902
  • Special purpose financial captive insurance company: means a captive insurance company that is granted a certificate of authority under this subchapter. See Delaware Code Title 18 Sec. 6952
  • Special purpose financing transaction: means :

    1. See Delaware Code Title 18 Sec. 6952

  • Specimens: includes , but is not limited to, blood, sputum, urine, stool, other bodily fluids, wastes, tissues and cultures necessary to perform required tests. See Delaware Code Title 20 Sec. 3132
  • SPFC contract: means a contract or group of related contracts between a special purpose financial captive insurance company and a counterparty or counterparties pursuant to which insurance risk is transferred by the counterparty or counterparties to the special purpose financial captive insurance company. See Delaware Code Title 18 Sec. 6952
  • Sponsor: means a person qualifying as a sponsor under § 6935 of this title. See Delaware Code Title 18 Sec. 6932
  • Sponsored captive insurance company: has the meaning given such term in § 6932(5) of this title. See Delaware Code Title 18 Sec. 6902
  • Sponsored captive insurance company: means a captive insurance company, including a special purpose financial captive insurance company as defined in § 6952 of this title:

    a. See Delaware Code Title 18 Sec. 6932

  • Stalking: means the same as in § 1312 of Title 11, verified by an official document, such as a court order, or by a reliable third-party professional, including a law-enforcement agency or officer, a sexual assault service provider, or health-care provider. See Delaware Code Title 19 Sec. 710
  • Standard health benefit plan: means a health benefit plan developed pursuant to § 7211 of this title. See Delaware Code Title 19 Sec. 3165
  • Standby investor: means any person that has agreed in writing to purchase all or a portion of the capital stock to be sold in a conversion that is not subscribed by eligible members. See Delaware Code Title 19 Sec. 718
  • State: means the State of Delaware, and "state" means any other state, district, commonwealth or possession of the United States of America. See Delaware Code Title 18 Sec. 6902
  • State: means a state, the District of Columbia, Puerto Rico, or a United States possession, territory or protectorate. See Delaware Code Title 18 Sec. 6852
  • State of emergency: means an emergency proclaimed pursuant to an emergency order by the Governor. See Delaware Code Title 20 Sec. 3102
  • States: includes , in addition to the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico and Virgin Islands. See Delaware Code Title 19 Sec. 3302
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stock company: means a stock insurer that meets all of the current requirements for admission to do business as a domestic Delaware insurer. See Delaware Code Title 19 Sec. 718
  • Stop work order: means written notice from the Secretary to an employer to cease or hold work until the employer is given notice by the Secretary to resume work. See Delaware Code Title 21 Sec. 2139O
  • subsidiaries: shall include , in addition to those such corporations where the insurer owns a majority of their stock, those corporations formed or acquired by an insurer where it owns less than a majority of such corporation's voting stock due to the laws of a foreign national which require the insurer to own less than a majority of the voting stock of such subsidiary insurance corporation if it is to operate in that nation. See Delaware Code Title 18 Sec. 3303
  • Supervisor: means any individual to whom an employer has given the authority to direct and control the work performance of the affected employee or any individual who has the authority to take corrective action regarding the violation of a law, rule or regulation about which the employee complains. See Delaware Code Title 21 Sec. 2125
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Terminally ill: means having an illness or sickness that can reasonably be expected to result in death in 24 months or fewer. See Delaware Code Title 19 Sec. 3328
  • Tests: includes , but is not limited to, any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public's health, safety and welfare. See Delaware Code Title 20 Sec. 3132
  • Title loan: means a loan made to one or more natural persons by a licensee and secured by the title to a motor vehicle, which loan is not used for the purpose of purchasing the vehicle that is used as security and which loan has an originally stated repayment period of 180 days or less. See Delaware Code Title 5 Sec. 2250
  • 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.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Under age: means an age of less than 18 years. See Delaware Code Title 6 Sec. 4307
  • Undue hardship: means an action requiring significant difficulty or expense when considered in light of factors such as: the nature and cost of the accommodation; the overall financial resources of the employer; the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer. See Delaware Code Title 19 Sec. 710
  • Unhealthy lifestyle choices: means smoking or maintaining excessive weight, blood pressure or cholesterol, other than due to organic causes that are being treated by a physician, as those conditions or actions may be more fully defined by regulation by the Commissioner. See Delaware Code Title 19 Sec. 3165
  • 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
  • Unit: shall mean any part of the Delaware National Guard designated a "unit" by order of the Adjutant General. See Delaware Code Title 20 Sec. 102
  • United States: includes the states, the District of Columbia and the Commonwealth of Puerto Rico. See Delaware Code Title 19 Sec. 3302
  • valid claim: is a ny claim for benefits made in accordance with § 3317 of this title if the individual has been paid wages for employment required under § 3315(5) of this title. See Delaware Code Title 19 Sec. 3302
  • 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.
  • Viatical settlement broker: means a person, including a life insurance producer as provided for in § 7503 of this title, who working exclusively on behalf of a viator and for a fee, commission or other valuable consideration offers or attempts to negotiate viatical settlement contracts between a viator and 1 or more viatical settlement providers or 1 or more viatical settlement brokers. See Delaware Code Title 19 Sec. 3328
  • Viatical settlement contract: includes a premium finance loan made for a life insurance policy by a lender to viator on, before, or after the date of issuance of the policy where any of the following are met:

    1. See Delaware Code Title 19 Sec. 3328

  • Viatical settlement provider: means a person, other than a viator, that enters into or effectuates a viatical settlement contract with a viator resident in this State. See Delaware Code Title 19 Sec. 3328
  • Viatical settlement purchaser: means a person who provides a sum of money as consideration for a life insurance policy or an interest in the death benefits of a life insurance policy, or a person who owns or acquires or is entitled to a beneficial interest in a trust that owns a viatical settlement contract or is the beneficiary of a life insurance policy that has been or will be the subject of a viatical settlement contract, for the purpose of deriving an economic benefit. See Delaware Code Title 19 Sec. 3328
  • Viaticated policy: means a life insurance policy or certificate that has been acquired by a viatical settlement provider pursuant to a viatical settlement contract. See Delaware Code Title 19 Sec. 3328
  • Viator: means the owner of a life insurance policy or a certificate holder under a group policy who resides in this State and enters or seeks to enter into a viatical settlement contract. See Delaware Code Title 19 Sec. 3328
  • Violation: means an act or omission by an employer, or an agent thereof, that is:

    a. See Delaware Code Title 21 Sec. 2125

  • Voting member: means a member who is an eligible member and is also a member of the mutual insurer as of a date not more than 90 days prior to the date of the meeting at which the plan shall be voted upon by members. See Delaware Code Title 19 Sec. 718
  • voting security: shall include any security convertible into or evidencing a right to acquire a voting security. See Delaware Code Title 19 Sec. 741
  • Wage: means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or check or bank convertible into cash on demand at full face value, subject to such deductions, charges or allowances as may be permitted by the regulations of the Department under this chapter. See Delaware Code Title 20 Sec. 3135
  • Wages: means compensation for labor or services rendered by an employee, whether the amount is fixed or determined on a time, task, piece, commission or other basis of calculation. See Delaware Code Title 21 Sec. 406
  • Wages: means all remuneration for personal services, including commissions, bonuses, dismissal payments, holiday pay, back pay awards and the cash value of all remuneration in any medium other than cash. See Delaware Code Title 19 Sec. 3302
  • Waiting period: means , with respect to a group health plan and an individual who is a potential participant in or beneficiary of the plan, the period that must pass with respect to the individual before the individual is eligible for benefits under the terms of the plan. See Delaware Code Title 19 Sec. 3165
  • Week: means calendar week, ending at midnight Saturday, but all work performed and wages earned during a working shift which starts before midnight Saturday shall be included in the week in which such shift begins. See Delaware Code Title 19 Sec. 3302
  • Work: means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied. See Delaware Code Title 19 Sec. 3302
  • Working age: means 14 years of age or older in accordance with § 505 of this title. See Delaware Code Title 19 Sec. 742
  • Workout agreement: means an agreement between an individual borrower and a licensee for the repayment of an outstanding and unpaid indebtedness. See Delaware Code Title 5 Sec. 2227
  • Workout agreement: means an agreement for repayment of the outstanding and unpaid indebtedness on a title loan. See Delaware Code Title 5 Sec. 2250
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.