Sections
Subchapter I General Provisions 901 – 940
Subchapter II Bank Revolving Credit 941 – 956
Subchapter III Bank Closed End Credit 961 – 978

Terms Used In Delaware Code > Title 5 > Chapter 9 - Regulations Governing Business of Banks and Trust Companies

  • abused child: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
  • Account: means an individual account, a trust account, or a savings account established in accordance with the provisions of this chapter. See Delaware Code Title 16 Sec. 9602A
  • Account owner: means the designated beneficiary. See Delaware Code Title 16 Sec. 9602A
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • addiction: shall mean dependence upon a drug in the following manner:

    a. See Delaware Code Title 16 Sec. 4701

  • 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
  • Administrator: shall mean the program chief of the paramedic services responsible for advanced life support and the administration of the Delaware Paramedic Services Act;

    (2) "Advanced life support" (ALS) shall have the same definition as is set forth in Chapter 97 of this title;

    (3) "Basic life support" (BLS) shall have the same definition as is set forth in Chapter 97 of this title;

    (4) "Board" shall mean the Board of Medical Licensure and Discipline;

    (5) "Certification" means original certification as a paramedic by the Board of Medical Licensure and Discipline. See Delaware Code Title 16 Sec. 9802

  • Adult: means an individual who is at least 18 years of age. See Delaware Code Title 16 Sec. 2710
  • adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
  • 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: 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
  • 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
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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
  • Ancillary equipment: means any device including, but not limited to, such devices as piping, fittings, flanges, valves and pumps, that are used to distribute, meter or control the flow of petroleum or hazardous substances from an underground storage tank. See Delaware Code Title 7 Sec. 7402
  • 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
  • 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
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any of the following:

    a. See Delaware Code Title 16 Sec. 1145

  • Applicant: means any of the following:

    a. See Delaware Code Title 16 Sec. 1190

  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • assisted living facility: means a special combination of housing, supportive services, supervision, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living or instrumental activities of daily living. See Delaware Code Title 16 Sec. 1102
  • 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
  • Authorized representative: means an individual who has the highest priority to act for the patient under law, and who has the authority to make decisions with respect to the patient's health-care preferences. See Delaware Code Title 16 Sec. 1145
  • Autism: means any structural or biochemical abnormality, regardless of cause, diagnosed at any time before or after birth, that requires medical or surgical intervention or that interferes with normal growth or development. See Delaware Code Title 16 Sec. 222
  • Baby: means a child not more than 14 days old, except that for a safe haven under § 907A(b) of this title and the safe haven's employees and volunteers, "baby" means a child reasonably believed to be not more than 14 days old. See Delaware Code Title 16 Sec. 902
  • Bank: means any bank or bank and trust company organized under this title or any other law or laws of this State, any depository institution organized under the authority of the United States and having its principal place of business in this State and any foreign bank agency. See Delaware Code Title 5 Sec. 941
  • 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
  • Benign tumor: means any nonmalignant neoplasm, regardless of the tissue of origin, that appears on the American College of Surgeons most recently published annual list of reportable cancers and benign tumors. See Delaware Code Title 16 Sec. 3203
  • 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
  • Board: shall mean the Delaware Health Resources Board established pursuant to § 9303 of this title. See Delaware Code Title 16 Sec. 9302
  • Board: shall mean the Plans Management Board pursuant to § 2722 of Title 29. See Delaware Code Title 16 Sec. 9602A
  • Board: means the Enhanced 911 Emergency Reporting System Service Board. See Delaware Code Title 16 Sec. 10002
  • Borrower: means a person obtaining or desiring to obtain a mortgage loan. See Delaware Code Title 5 Sec. 2101
  • Borrower: means any corporation, partnership, association, government or governmental subdivision or agency, trust, individual or other entity. See Delaware Code Title 5 Sec. 941
  • Bridge: means the Delaware Memorial Bridge over the Delaware River and all approaches thereto and approach highways and all other buildings or structures connected with the Bridge and all equipment essential to the operation thereof and also all property rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or operation thereof and may include any highways connecting the Bridge with a state road. See Delaware Code Title 17 Sec. 301
  • Buildings: means a building equipped with heating, ventilating, and air conditioning (HVAC) fire dampers, smoke dampers and/or smoke control system. See Delaware Code Title 16 Sec. 6601D
  • Bureau: shall mean the Bureau of Health Planning and Resources Management within the Department of Health and Social Services. See Delaware Code Title 16 Sec. 9302
  • Business day: means , with respect to recission under § 976 of this title, all calendar days except Sundays and legal public holidays. See Delaware Code Title 5 Sec. 961
  • Cancer: means any malignant neoplasm, regardless of the tissue of origin, that appears on the American College of Surgeons most recently published annual list of reportable cancers and benign tumors. See Delaware Code Title 16 Sec. 3203
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Central service technician: means an individual who decontaminates, inspects, assembles, packages, and sterilizes reusable medical instruments or devices for a health-care facility. See Delaware Code Title 16 Sec. 3010A
  • Certificate of Public Review: shall mean the written approval of an application to undertake an activity subject to review as described in § 9304 of this title. See Delaware Code Title 16 Sec. 9302
  • Certification: means original certification as a paramedic by the Board of Medical Licensure and Discipline. See Delaware Code Title 16 Sec. 9802
  • Certified nursing assistant: means a duly-certified individual under the supervision of a licensed nurse, who provides care that does not require the judgment and skills of a licensed nurse. See Delaware Code Title 16 Sec. 3001A
  • Child: means any person who has not reached that person's own eighteenth birthday. See Delaware Code Title 16 Sec. 902
  • Child welfare proceeding: means any Family Court proceeding and subsequent appeal therefrom involving custody, visitation, guardianship, termination of parental rights, adoption or other related petitions that involve a dependent, neglected or abused child or a child at risk of same as determined by the Family Court. See Delaware Code Title 16 Sec. 902
  • Cigarette: means :

    a. See Delaware Code Title 16 Sec. 7116

  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Closed end credit: means the extension of credit by a bank 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. 961
  • CMS: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
  • Commission: shall mean the Public Service Commission. See Delaware Code Title 16 Sec. 10002
  • Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2101
  • 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.
  • Congenital disability: means any structural or biochemical abnormality, regardless of cause, diagnosed at any time before or after birth, that requires medical or surgical intervention or that interferes with normal growth or development. See Delaware Code Title 16 Sec. 202
  • Conspicuously displayed: means highlighted through the use of capitalization, bold print, underlining or some combination thereof. See Delaware Code Title 5 Sec. 961
  • Construction: means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years. See Delaware Code Title 17 Sec. 101
  • 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
  • controlled substance: includes "designer drug" as defined in paragraph (10) of this section. See Delaware Code Title 16 Sec. 4701
  • controlling person: includes the following:

    1. See Delaware Code Title 16 Sec. 1102

  • convicted: means entry of a plea of guilty or nolo contendere, regardless of whether the plea was subsequently discharged or dismissed under the first offenders domestic violence diversion program pursuant to § 1024 of Title 10, or under the first offenders controlled substances diversion program pursuant to § 4767 of this title, or of a Robinson plea, or of a probation before judgment discharge without judgment of conviction notwithstanding the provisions of § 4218(g) of Title 11, or a finding of guilt after trial, or a finding of not guilty after trial as a result of the defense of mental disease or defect pursuant to Title 11, or adjudication of delinquency for conduct which if committed by an adult, would constitute a crime; or "conviction" or "convicted" under similar proceedings of another state, territory or jurisdiction. See Delaware Code Title 16 Sec. 902
  • Corrective action: means the sequence of actions, or process, that includes confirming a release, site assessment, interim remedial action, remedial action, monitoring, and termination of remedial action. See Delaware Code Title 7 Sec. 7402
  • cost of construction: means the cost of construction, the cost of all lands, properties, rights, easements, franchises, ferries and ferry equipment acquired, the cost of all machinery and equipment, financing charges, interest prior to and during the construction and for 1 year after such Bridge is opened for public use, cost of traffic estimates and of engineering data, engineering and legal expense, cost of plans, specifications, surveys, estimates of costs and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expense, insurance or bond premiums and such other expenses as may be necessary or incidental to the financing of the Bridge, as defined in this section, the construction thereof, the placing of the same in operation and the condemnation of property necessary for such construction and operation and any obligation or expense incurred by or on behalf of the Department or by any corporation, board or authority for traffic surveys, borings, preparation of plans and specifications and other engineering services which may be utilized by the Department in the construction of the Bridge or incurred for legal expenses in connection with the authorization of the construction or financing of the Bridge shall be regarded as a part of the cost of such Bridge. See Delaware Code Title 17 Sec. 301
  • 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
  • County paramedic service: shall mean the paramedic service operated pursuant to this chapter by a county with its own employees or under contract with another governmental entity;

    (8) "Criminal history" means a person's entire criminal history record from the State Bureau of Identification and the person's entire federal criminal history record maintained by the Federal Bureau of Investigation. See Delaware Code Title 16 Sec. 9802

  • County Public Health Administrator: means the Division of Public Health employee responsible for managing the operations of all public health programs within an assigned county. See Delaware Code Title 16 Sec. 101
  • 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 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. 941
  • 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
  • Criminal history: means a report from the Department regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, under Public Law 92-544 as amended (28 U. See Delaware Code Title 16 Sec. 1145
  • Criminal history: means a person's entire criminal history record from the State Bureau of Identification and the person's entire federal criminal history record maintained by the Federal Bureau of Investigation. See Delaware Code Title 16 Sec. 9802
  • Criminal history: means a report from the Department of Health and Social Services regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, under Public Law 92-544 as amended (28 U. See Delaware Code Title 16 Sec. 1190
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • Death: means the loss of life of a child. See Delaware Code Title 16 Sec. 902
  • Decedent: means a deceased individual and includes a stillborn infant or fetus. See Delaware Code Title 16 Sec. 2710
  • 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 Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
  • Department: means the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 3203
  • Department: means the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
  • 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
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 202
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 222
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1145
  • Department: shall mean the Delaware Department of Health and Social Services;

    (11) "Emergency medical services (EMS) provider" shall mean individual providers certified by the Delaware State Fire Prevention Commission or the Office of EMS, or emergency medical dispatchers certified by the National Academy of Emergency Medical Dispatch. See Delaware Code Title 16 Sec. 9802

  • Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7402
  • Department: means the Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 2710
  • Department: means the Department of Transportation or if the Department is abolished, any board, commission or officer succeeding to the principal functions thereof or to whom the powers given by this chapter to the Department shall be given by law. See Delaware Code Title 17 Sec. 301
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 3001A
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 3041F
  • Department: means the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
  • Designated beneficiary: means the individual for whom the account was established or who has succeeded the former designated beneficiary in that capacity. See Delaware Code Title 16 Sec. 9602A
  • Designated psychiatric treatment facilities: means all facilities designated by the Secretary to provide psychiatric emergency care for individuals believed to have a mental condition and whose behavior is believed to be dangerous to self or dangerous to others; such facilities include psychiatric hospitals operated by the State of Delaware, privately operated psychiatric hospitals, any psychiatric emergency receiving facilities that provide mental health screenings, evaluations, treatment, and referral services, or other facilities as may be designated by the Department by regulation. See Delaware Code Title 16 Sec. 5001
  • 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
  • Designated transport personnel: means such personnel as designated by the Director to transport persons with tuberculosis to and from treatment and/or detention facilities, and other sites as ordered by the Director. See Delaware Code Title 16 Sec. 520
  • 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.
  • Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
  • Director: means the Director of the Division of Family Services or the Director of the Division of Management Support Services of the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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
  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Delaware Code Title 16 Sec. 4701
  • Distribute: shall mean to issue, give, transfer or otherwise dispose of. See Delaware Code Title 16 Sec. 7102
  • Distributor: means a person who distributes. See Delaware Code Title 16 Sec. 4701
  • Division: shall mean the Division of Health Care Quality;

    (4) a. See Delaware Code Title 16 Sec. 1102

  • Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
  • Division: means the Division of Family Services of the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
  • Docket: A log containing brief entries of court proceedings.
  • 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: The recipient of a gift.
  • Donee: means a person authorized to receive an anatomical gift. See Delaware Code Title 16 Sec. 2710
  • 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: includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either humans or other animals. See Delaware Code Title 16 Sec. 3301
  • 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 individual: means a resident of any state who is:

    a. See Delaware Code Title 16 Sec. 9602A

  • 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
  • Emergency medical unit: shall mean an ambulance, rescue vehicle or any other specialized vehicle staffed by EMS providers and other certified or licensed medical care providers, and utilized solely for providing mobile pre-hospital care and other emergency medical treatment;

    (14) "Medical command facility" shall mean the distinct unit within a hospital which meets the operational, staffing and equipment requirements established by the Division of Public Health for providing medical control to the EMS providers. See Delaware Code Title 16 Sec. 9802

  • emergently detained: means the process whereby an adult who appears to have a mental condition, and whose mental condition causes the person to be dangerous to self or dangerous to others, and who is unwilling to be admitted to a facility voluntarily for assessment or care, is involuntarily detained for such evaluation and treatment for 24 hours in a designated psychiatric facility because other less restrictive, more community integrated services are not appropriate or available to meet the person's current mental health-care needs. See Delaware Code Title 16 Sec. 5001
  • Employer: means a home-care agency; a management company that contracts to provide services on behalf of a home-care agency; or other business entity, including a temporary employment agency, that contracts to provide services on behalf of a home-care agency. See Delaware Code Title 16 Sec. 1145
  • Employer: means a prescribed pediatric extended care center. See Delaware Code Title 16 Sec. 1190
  • 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.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • 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
  • expunged: means to permanently destroy, delete or make nonidentifiable. See Delaware Code Title 16 Sec. 1210
  • 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 location or part thereof that contains or had previously contained 1 or more underground storage tanks. See Delaware Code Title 7 Sec. 7402
  • 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.
  • Family assessment and services: means a case management approach by the Division of Family Services that provides for a prompt assessment of a child and the child's family and the circumstances of the reported incident, including the known history of the child or the alleged perpetrator, when there has been a report to the Department that the child was a victim of abuse or neglect, or at risk of maltreatment by a person responsible for that child's care, custody or control. See Delaware Code Title 16 Sec. 902
  • family care home: means a home, including a physical structure and the necessary equipment, that provides beds and personal care services for 2 or 3 residents who cannot live independently and who need or could benefit from a family living situation, and that provides shelter, housekeeping services, food, meals, and personal care for residents. See Delaware Code Title 16 Sec. 1102
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means :

    a. See Delaware Code Title 7 Sec. 7402

  • 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. 7402
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • 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
  • Fire damper: means a device installed in an air distribution system, designed to close automatically upon detection of heat, to interrupt migratory airflow and to restrict the passage of flame; and includes devices installed in air conditioning systems to close automatically upon detection of heat, to interrupt migratory airflow, and to restrict the passage of flames. See Delaware Code Title 16 Sec. 6601D
  • Fire life safety damper testing: means testing and inspection activities, including all physical, visual, and operational tests necessary to ensure the complete opening and closing of dampers and the proper functioning of fire dampers and smoke dampers as required by the International Fire Code (IFC), NFPA 80, NFPA 105, and applicable engineering specifications. See Delaware Code Title 16 Sec. 6601D
  • Fire life safety dampers: means all fire dampers, smoke dampers, and combination fire and smoke dampers. See Delaware Code Title 16 Sec. 6601D
  • Firearm: means as defined under § 222 of Title 11. See Delaware Code Title 16 Sec. 6202
  • 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).
  • Food: includes all articles used for food, drink, ice, confectionery or condiment by humans or other animal, whether simple, mixed or compound. See Delaware Code Title 16 Sec. 3301
  • 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.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Freestanding acute inpatient rehabilitation hospital: shall mean a facility that satisfies, or is expected by the person who will construct, develop or establish the facility to satisfy, the requirements of 42 C. See Delaware Code Title 16 Sec. 9302
  • Freestanding birthing center: shall mean any facility licensed as such pursuant to Chapter 1 of this title and more particularly in the State Board of Health Regulations. See Delaware Code Title 16 Sec. 9302
  • Freestanding emergency center: shall mean any facility licensed as such pursuant to Chapter 1 of this title and more particularly § 52 of the State Board of Health Regulations. See Delaware Code Title 16 Sec. 9302
  • Freestanding surgical center: shall mean any facility licensed as such pursuant to Chapter 1 of this title and more particularly in the State Board of Health Regulations. See Delaware Code Title 16 Sec. 9302
  • 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 911 Emergency Reporting System Service Fund created by Chapter 101 of this title. See Delaware Code Title 16 Sec. 10002
  • Fund: means the Delaware Underground Petroleum Storage Tank Response Fund. See Delaware Code Title 7 Sec. 7402
  • Fund: means the Organ and Tissue Donor Awareness Trust Fund. See Delaware Code Title 16 Sec. 2710
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • group home for persons with AIDS: means a residence for 16 or less individuals with AIDS that only admits those individuals with an established diagnosis and disease progression such that the individual requires a routine and frequent combination of physician, professional nursing, and supportive services. See Delaware Code Title 16 Sec. 1102
  • group home for persons with mental illness: means a residence that provides 24-hour supports, mental health treatment, rehabilitation, housing for between 3 and 10 adults with a primary diagnosis of psychiatric disabilities, and is fully integrated in the community, not on the grounds of an institution, has shared common living areas, and is where the individual chooses to live. See Delaware Code Title 16 Sec. 1102
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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
  • Health-care facility: shall include hospital, nursing home, freestanding birthing center, freestanding surgical center, freestanding acute inpatient rehabilitation hospital, and freestanding emergency center, whether or not licensed or required to be licensed by the State, whether operated for profit or nonprofit and whether privately owned or operated or owned or operated by a unit of State or local government. See Delaware Code Title 16 Sec. 9302
  • Health-care facility: means a hospital or freestanding surgical center licensed pursuant to this title. See Delaware Code Title 16 Sec. 3010A
  • Health-care practitioner: means as defined in § 701 of this title. See Delaware Code Title 16 Sec. 1220
  • Health-care practitioner: means an individual licensed to practice in the healing arts, pursuant to Title 24, acting within the scope of his or her license. See Delaware Code Title 16 Sec. 3010A
  • Health-care professional: means as defined in § 701 of this title. See Delaware Code Title 16 Sec. 1220
  • Heating fuels: means a type of fuel oil that is 1 of 8 technical grades. See Delaware Code Title 7 Sec. 7402
  • highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
  • Home-care agency: means all programs or agencies licensed under § 122(3)m. See Delaware Code Title 16 Sec. 1145
  • 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: shall mean any nonfederal facility licensed as such pursuant to Chapter 10 of this title and more particularly § 50 of the State Board of Health Regulations. See Delaware Code Title 16 Sec. 9302
  • 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
  • Human trafficking: means as defined in § 787 of Title 11. See Delaware Code Title 16 Sec. 902
  • 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
  • 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
  • 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.
  • Individual borrower: means a borrower who is a natural person borrowing for personal, household or family purposes. See Delaware Code Title 5 Sec. 941
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Informed consent: means a written authorization for the disclosure of protected health information on a form substantially similar to one promulgated by the Department of Health and Social Services which is signed in writing or electronically by the individual who is the subject of the information. See Delaware Code Title 16 Sec. 1210
  • Informed consent: means the signing of a consent form by the patient or a person authorized to make health care decision on behalf of the patient that satisfies all of the following conditions:

    a. See Delaware Code Title 16 Sec. 1220

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Institutional Abuse Investigation Unit: means the unit within the Department that investigates allegations of institutional child abuse and neglect. See Delaware Code Title 16 Sec. 902
  • Institutional child abuse or neglect: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
  • intensive behavioral support and educational residence: means a residential facility that provides services to adult individuals with autism, developmental disabilities, or severe mental or emotional disturbances who have specialized behavioral needs. See Delaware Code Title 16 Sec. 1102
  • 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
  • Internal information system: means the Department's system of maintaining information related to all reports of abuse, neglect, investigations, family assessments, services and other relevant information. See Delaware Code Title 16 Sec. 902
  • Investigation: means the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment of a child by a person responsible for that child's care, custody or control in order to determine if a child has been abused, neglected, or is at risk of maltreatment. See Delaware Code Title 16 Sec. 902
  • Investigation Coordinator: means an attorney licensed to practice law in this State employed by the Office of the Child Advocate, who is authorized to independently track each reported case of alleged child abuse or neglect within the Department's internal information system and who is responsible for monitoring each reported case involving the death of, serious physical injury to, or allegations of sexual abuse of a child from inception to final criminal and civil disposition. See Delaware Code Title 16 Sec. 902
  • Involuntary patient: means a person admitted pursuant to emergency detention, provisional admission, a complaint for involuntary civil commitment, a probable cause hearing or an involuntary inpatient commitment hearing to the custody of a designated psychiatric treatment facility or hospital for observation, diagnosis, care and treatment. See Delaware Code Title 16 Sec. 5001
  • 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
  • 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.
  • Leaf marijuana: means the dried leaves and flowering tops of the plant cannabis sativa L. See Delaware Code Title 16 Sec. 4701
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legitimate public health purpose: means a population-based activity or individual effort primarily aimed at the prevention of injury, disease, or premature mortality or the promotion of health in the community, including all of the following:

    a. See Delaware Code Title 16 Sec. 1210

  • Lender: means :

    a. See Delaware Code Title 7 Sec. 7402

  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed counselor working in the field of mental health: means "licensed counselor working in the field of mental health" as defined by Chapter 30 of Title 24. See Delaware Code Title 16 Sec. 5401
  • Licensed independent practitioner: means employees of designated psychiatric treatment facilities, in addition to psychiatrists, who hold credentials and privileges to admit persons into care and write orders to treat said persons in that facility. See Delaware Code Title 16 Sec. 5001
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means any single extension of closed end credit. See Delaware Code Title 5 Sec. 961
  • Long-term care facility: includes all of the following:

    1. See Delaware Code Title 16 Sec. 1102

  • Major medical equipment: shall mean a single unit of medical equipment or a single system of components with related functions which is used for the diagnosis or treatment of patients and which:

    a. See Delaware Code Title 16 Sec. 9302

  • 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
  • Medicaid: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
  • Medicaid share of the quality assessment: means for each nursing facility, the assessment cost applicable to Medicaid residents. See Delaware Code Title 16 Sec. 1180
  • Medical control: shall mean an order or directive given to an EMS provider by an authorized medical control physician. See Delaware Code Title 16 Sec. 9802
  • Medical control physician: shall mean any physician certified by the American Board of Emergency Medicine or the American Board of Osteopathic Emergency Medicine, or their successors, or a physician certified in Advanced Trauma Life Support (ATLS), Advanced Cardiac Life Support (ACLS) and Pediatric Advanced Life Support (PALS) or other courses approved by the Office of Emergency Medical Services who is credentialed by the hospital within which a medical command facility is located and who is authorized by the medical command facility to give medical control commands via radio or other telecommunication devices to an EMS provider. See Delaware Code Title 16 Sec. 9802
  • 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
  • misbranded: as used in this chapter , applies to all drugs or articles of food, or articles which enter into the composition of food, the package or label of which bears any statement, design or device regarding such article or the ingredients or substances contained therein which is false or misleading in any particular, and to any food or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced. See Delaware Code Title 16 Sec. 3307
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • 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 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.
  • Multidisciplinary case: means a comprehensive investigation by the multidisciplinary team for any child abuse or neglect report involving death, serious physical injury, physical injury, human trafficking of a child, torture or sexual abuse, which if true, would constitute a criminal violation against a child, or an attempt to commit any such crime, even if no crime is ever charged. See Delaware Code Title 16 Sec. 902
  • Multidisciplinary team: means a combination of the following entities as required by law to investigate or monitor multidisciplinary cases: the Division, the Department's Institutional Abuse Investigation Unit, the appropriate law-enforcement agency, the Department of Justice, and the Investigation Coordinator. See Delaware Code Title 16 Sec. 902
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Near death: means a child in serious or critical condition as a result of child abuse or neglect as certified by a physician. See Delaware Code Title 16 Sec. 902
  • Neglect: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
  • neighborhood home: means a residence for no more than 5 individuals that is fully integrated in the community, not on the grounds of an institution, has shared common living areas, is where the individual chooses to live, and offers 24-hour supports to individuals with intellectual or developmental disabilities. See Delaware Code Title 16 Sec. 1102
  • NFPA: means National Fire Protection Association. See Delaware Code Title 16 Sec. 6601D
  • 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.
  • 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
  • Nursing assistant: means an individual who has completed the requisite training to become a certified nursing assistant but is awaiting certification. See Delaware Code Title 16 Sec. 3001A
  • Nursing facility: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
  • Nursing facility services: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
  • nursing home: means a residential facility that provides services to residents including resident beds, continuous nursing services, and health and treatment services for individuals who do not currently require continuous hospital care and that provides care in accordance with a physician's order and requires the supervision of a registered nurse (RN). See Delaware Code Title 16 Sec. 1102
  • Nursing home: shall mean any nonfederal facility licensed as such pursuant to Chapter 11 of this title and more particularly § 57 (Skilled care) and § 58 (Intermediate care) of the State Board of Health Regulations. See Delaware Code Title 16 Sec. 9302
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Office of the State Fire Marshal. See Delaware Code Title 16 Sec. 6402
  • Office: shall mean the Office of Emergency Medical Services, of the Division of Public Health, Department of Health and Social Services;

    (18) "Paramedic staff hour" shall mean 1 full hour of a paramedic on duty. See Delaware Code Title 16 Sec. 9802

  • 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
  • Operator: means any person in control of, or having responsibility for, the daily operation of the underground storage tank system. See Delaware Code Title 7 Sec. 7402
  • 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
  • Out of service: means a storage system which:

    a. See Delaware Code Title 7 Sec. 7402

  • Outstanding unpaid indebtedness: means on any day an amount not in excess of the total amount of purchases 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 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 that day and, if the agreement providing the plan so provides, may include the amount of any periodic interest, interest charges and other charges permitted by this subchapter, including late or delinquency charges, which have accrued in the account and which are unpaid at the end of the day. See Delaware Code Title 5 Sec. 941
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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 :

    a. See Delaware Code Title 7 Sec. 7402

  • Owner: includes all persons having any title or interest in any property, rights, easements or franchises authorized to be acquired by this chapter. See Delaware Code Title 17 Sec. 301
  • Owner: means any person who owns, keeps, harbors, or is the custodian of a dog. See Delaware Code Title 16 Sec. 3041F
  • 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
  • participate in management: means actually participating in the management or operational affairs of an underground storage tank or facility, but does not include merely having the capacity to influence, or the unexercised right to control, an underground storage tank or facility operations. See Delaware Code Title 7 Sec. 7402
  • 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
  • Peace Officer: means any public officer authorized by law to make arrests in a criminal case. See Delaware Code Title 16 Sec. 101
  • Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity, and includes a legal successor of those entities. See Delaware Code Title 16 Sec. 1102
  • 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: means any individual, corporation, company, association, firm, partnership, society or joint stock company. See Delaware Code Title 16 Sec. 7102
  • person: as used in this chapter means any person, firm or corporation. See Delaware Code Title 16 Sec. 7201
  • Person: shall mean an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state or political subdivision or instrumentality (including a municipal corporation) of a state. See Delaware Code Title 16 Sec. 9302
  • Person: means any individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state or any interstate body. See Delaware Code Title 7 Sec. 7402
  • 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, corporation, partnership or any other group of individuals however organized. See Delaware Code Title 5 Sec. 2101
  • 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 property: All property that is not real property.
  • Personal use quantity: means 1 ounce or less of marijuana in the form of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol. See Delaware Code Title 16 Sec. 4701
  • Physical injury: means as defined in § 1100 of Title 11. See Delaware Code Title 16 Sec. 902
  • Physician: means "physician" as defined by Chapter 17 of Title 24. See Delaware Code Title 16 Sec. 5401
  • Place of public entertainment: shall mean an establishment that accommodates more than 100 individuals. See Delaware Code Title 16 Sec. 7908
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: means a plan contemplating the extension of credit under an account governed by an agreement between a bank and a borrower pursuant to which:

    a. See Delaware Code Title 5 Sec. 941

  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practitioner: means :

    a. See Delaware Code Title 16 Sec. 4701

  • Pre-hospital care: shall mean any emergency medical service, including advanced life support, rendered by an emergency medical unit before and during transportation to a hospital or other facility, and upon arrival at the facility until such care is assumed by the facility's staff;

    (20) "Service and/or training reciprocity agreements" shall mean written agreements negotiated between 2 counties or between a county and an adjoining state or a governmental entity of an adjoining state and approved pursuant to the provisions of this chapter which provide for the scheduled delivery of paramedic services by paramedics to citizens of this State or a neighboring state by personnel certified to render such services by this State or a neighboring state, or such similar agreements as are required by and between the counties of this State, in order to effectively and efficiently deliver paramedic services. See Delaware Code Title 16 Sec. 9802

  • 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
  • Prescribed pediatric extended care center: means a facility licensed under § 122(3)q. See Delaware Code Title 16 Sec. 1190
  • 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
  • Private residence: means the domicile of the individual in need of care, either personally owned by that individual or considered the place of residence of that individual. See Delaware Code Title 16 Sec. 1145
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Production: includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance. See Delaware Code Title 16 Sec. 4701
  • Program: means the Delaware Achieving a Better Life Experience Program established by this chapter. See Delaware Code Title 16 Sec. 9602A
  • Project: includes the Bridge and all additions thereto and improvements thereof, the construction of which is authorized under this chapter. See Delaware Code Title 17 Sec. 301
  • 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
  • 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 healthcare 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 16 Sec. 1210
  • 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. 1102
  • Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 5181
  • Provider: shall mean a telecommunications service provider, including a wireless provider, any other provider that is required to or opts to provide 911 service, or any intermediate entity or pass through agent providing telecommunications services. See Delaware Code Title 16 Sec. 10002
  • 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
  • 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 restroom: shall mean a public sanitary facility that contains more than 1 plumbing fixture. See Delaware Code Title 16 Sec. 7908
  • Qualified disability expenses: means any expenses incurred at a time when the designated beneficiary is an eligible individual that relate to the blindness or disability of the designated beneficiary, including expenses that are for the benefit of the designated beneficiary in maintaining or improving health, independence, or quality of life; provided, however, that any expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses, even if the designated beneficiary is an eligible individual for that entire taxable year. See Delaware Code Title 16 Sec. 9602A
  • 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
  • Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 17 Sec. 101
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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: 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
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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
  • Registered professional nurse: means "registered professional nurse" as defined by Chapter 19 of Title 24. See Delaware Code Title 16 Sec. 5401
  • Registry: means a central data bank containing collected, classified, coded and stored data relating to congenital disabilities in children under age 5. See Delaware Code Title 16 Sec. 202
  • Registry: means a central data bank containing collected, classified, coded and stored data relating to autism in children. See Delaware Code Title 16 Sec. 222
  • Registry: means a collection of information as described in Subchapter II of this chapter about persons who have been substantiated for abuse or neglect as provided in Subchapter II of this chapter or who were substantiated between August 1, 1994, and February 1, 2003. See Delaware Code Title 16 Sec. 902
  • Regulated substance: means :

    a. See Delaware Code Title 7 Sec. 7402

  • Release: means any spilling, leaking, emitting, discharging, escaping, leaching or disposing into groundwater, surface water or soils. See Delaware Code Title 7 Sec. 7402
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Removal: means the process of removing and disposing of an underground storage tank system, through the use of prescribed techniques for the purging of residues and vapors and removal of the vessel from the ground. See Delaware Code Title 7 Sec. 7402
  • 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
  • Report: means the communication of an allegation of child abuse or neglect to the Department pursuant to § 903 or § 905 of this title. See Delaware Code Title 16 Sec. 902
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Research: means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. See Delaware Code Title 16 Sec. 1210
  • 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
  • Resident: means an individual, whether identified as a patient, guest, or other designation, residing and receiving services in a long-term care facility. See Delaware Code Title 16 Sec. 1102
  • Responsible party: means any person who:

    a. See Delaware Code Title 7 Sec. 7402

  • rest residential facility: means a facility that provides resident beds and personal care services in a homelike environment for adult individuals who are normally able to manage their own activities of daily living. See Delaware Code Title 16 Sec. 1102
  • 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
  • Retrofit: means modification or correction of an underground storage tank system to meet standards contained in regulations promulgated under this chapter through such means as replacement of valves, fill pipes, vents and liquid level monitoring systems, and the installation of overfill protection, transfer spill protection, leak detection and cathodic protection devices; but the term does not include the process of relining an underground tank through application of such materials as epoxy resins, nor does the term include the process of conducting a tightness test to establish the integrity of the tank. See Delaware Code Title 7 Sec. 7402
  • 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. 961
  • 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
  • SBI: means the State Bureau of Identification. See Delaware Code Title 16 Sec. 1145
  • SBI: means the State Bureau of Identification. See Delaware Code Title 16 Sec. 1190
  • Secretary: means the Secretary of the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
  • 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
  • Secretary: shall mean the Secretary of the Department of Safety and Homeland Security. See Delaware Code Title 16 Sec. 10002
  • Secretary: means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee. See Delaware Code Title 7 Sec. 7402
  • Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
  • Security interest: means an interest in a petroleum UST or UST system or in a facility or property on which a petroleum UST or UST system is located, created or established for the purpose of securing a loan or other obligation. See Delaware Code Title 7 Sec. 7402
  • Sell: shall mean to sell or to offer or agree to do the same. See Delaware Code Title 16 Sec. 7116
  • Serious bodily harm: means physical injury which creates a substantial risk of death, significant and prolonged disfigurement, significant impairment of health, or significant impairment of the function of any bodily organ. See Delaware Code Title 16 Sec. 5001
  • Serious physical injury: means as defined in § 1100 of Title 11. See Delaware Code Title 16 Sec. 902
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexual abuse: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
  • Short-term consumer loan: means a loan of $500 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. 961
  • Smoke control system: means an engineered system that includes all methods that can be used singly or in combination to modify smoke movement, including engineered systems that use mechanical fans to produce pressure differences across smoke barriers to inhibit smoke movement. See Delaware Code Title 16 Sec. 6601D
  • Smoke damper: means a device within an air distribution system to control the movement of smoke, and includes devices installed in air conditioning systems to control the movement of smoke. See Delaware Code Title 16 Sec. 6601D
  • 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: 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: means the State of Delaware. See Delaware Code Title 7 Sec. 7402
  • State Civil Penalty Trust Fund: means a fund maintained by the Department to which civil money penalties imposed for violations of state statute or regulation are to be remitted. See Delaware Code Title 16 Sec. 1102
  • State EMS Medical Director: shall mean a physician who is board-certified by the American Board of Emergency Medicine and/or by the Osteopathic Board of Emergency Medicine and who shall be the chief physician for the statewide emergency medical system and under whose license all EMS providers shall operate for the purpose of delivering the standing orders of the statewide standard treatment protocol;

    (22) "Statewide ALS treatment protocol" shall mean written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of paramedics. See Delaware Code Title 16 Sec. 9802

  • State Fire Marshal: shall mean the Delaware State Fire Marshal or the State Fire Marshal's deputies. See Delaware Code Title 16 Sec. 7116
  • Statewide BLS treatment protocol: shall mean written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of basic life support providers. See Delaware Code Title 16 Sec. 9802
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • 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
  • Substantiation: means a finding by a preponderance of the evidence that abuse or neglect has occurred. See Delaware Code Title 16 Sec. 902
  • surgeon: means a physician or surgeon licensed or authorized to practice under the laws of any state. See Delaware Code Title 16 Sec. 2710
  • Surveillance: means the process of identifying and investigating congenital disabilities in children under age 5. See Delaware Code Title 16 Sec. 202
  • Surveillance: means the process of identifying and investigating autism in children. See Delaware Code Title 16 Sec. 222
  • 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.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • 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
  • Under age: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
  • Underground storage tank: means a containment vessel, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is 10 per centum or more beneath the surface of the ground. See Delaware Code Title 7 Sec. 7402
  • Underground storage tank system: means an underground storage tank and its associated ancillary equipment and containment system, if any. See Delaware Code Title 7 Sec. 7402
  • 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.
  • Voluntary patient: means a person who voluntarily seeks treatment at, and is admitted to, a designated psychiatric treatment facility or hospital for inpatient treatment of a mental condition. See Delaware Code Title 16 Sec. 5001
  • Voluntary treatment: means a person voluntarily taking medications as prescribed and following the recommendations of the attending physician or the Division for the management of tuberculosis. See Delaware Code Title 16 Sec. 520
  • 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
  • Wireless automatic location information: means the delivery or receipt of the approximate geographic location, as specified in the FCC E-911 Order, of the wireless device being used to place a call to a 911 system or to a wireless E-911 system. See Delaware Code Title 16 Sec. 10002
  • Wireless automatic number identification: means the delivery or receipt of the telephone number when available assigned to the wireless device being used to place a call to a 911 system or to a wireless E-911 system. See Delaware Code Title 16 Sec. 10002
  • wireless plan: means a document to be prepared, maintained and kept current by the Board providing for all aspects of the development, implementation, operation and maintenance of a statewide wireless E-911 system, including the exclusive authority to approve wireless provider service agreements, advise regarding technical standards, formulate technical plans and determine permitted uses of and amounts disbursed from the 911-Enhanced Emergency Reporting Fund to wireless carriers as of January 1, 2002, pursuant to § 10104 of this title. See Delaware Code Title 16 Sec. 10002
  • Wireless provider: means a person engaged in the business of providing wireless service to end-use customers and resellers of such service in this State or commercial mobile radio service providers as defined by the Federal Communications Commission. See Delaware Code Title 16 Sec. 10002
  • Wireless service: means commercial mobile radio service as defined under §§ 3(33) and 332(d) of the Communications Act of 1934 [47 USC §§ 153(33) and 322(d)], as amended by the federal Telecommunications Act of 1996 (47 U. See Delaware Code Title 16 Sec. 10002
  • Wireline: means telecommunications service provided in part over fixed physical access facilities, such as wires and cables, between residences or businesses and a telephone company switching office. See Delaware Code Title 16 Sec. 10002
  • Workout agreement: means an agreement between an individual borrower and a bank, trust company or savings bank for the repayment of an outstanding and unpaid indebtedness which requires a net reduction of not less than 10% of such indebtedness per payment period. See Delaware Code Title 5 Sec. 961
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.