Terms Used In Delaware Code > Title 6 > Article 3 - Negotiable Instruments

• Abuse: means :

  a. See Delaware Code Title 31 Sec. 3902

• Accessible level: shall mean the first floor of the dwelling unit. See Delaware Code Title 31 Sec. 4202
• Accessible route: shall mean a continuous, unobstructed path that complies with § 4204 of this title. See Delaware Code Title 31 Sec. 4202
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administering entity: shall mean any state agency, local government, municipality or any instrumentality thereof responsible for the process by which public financial assistance is allocated, distributed, conveyed, contracted, or appropriated or any entity performing those duties on behalf of any state agency, local government, municipality, or any instrumentality thereof. See Delaware Code Title 31 Sec. 4202
• adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• Adult who is impaired: shall mean any person 18 years of age or over who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person's own care and custody. See Delaware Code Title 31 Sec. 3902
• 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.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: includes every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State, and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State, except the judiciary and the courts of the State. See Delaware Code Title 29 Sec. 6301
• Agency: means any authority, department, instrumentality, commission, officer, board or other unit of the state government authorized by law to make regulations, decide cases or issue licenses. See Delaware Code Title 29 Sec. 10102
• Agency: means any state agency, authority, or any political subdivision of state or local government, including, but not limited to, county, city, township, village or municipal government, local school districts, and institutions of higher education, any state-supported institution, or a joint action agency composed of political subdivisions. See Delaware Code Title 29 Sec. 6972
• Agency action: means either an agency's regulation or case decision, which could be a basis for the imposition of injunctive orders, penal or civil sanctions of any kind or the grant or denial of relief or of a license, right or benefit by any agency or court, or both. See Delaware Code Title 29 Sec. 10102
• Alleged victim: shall mean any adult who is impaired, incapacitated, elderly or vulnerable that may have been abused, neglected or exploited based on a report to Adult Protective Services. See Delaware Code Title 31 Sec. 3902
• 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.
• Amortization: Paying off a loan by regular installments.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicable thresholds: means any dollar figure listed within this title that is used to determine notification requirements, filing frequencies, tax or tax credit calculations that shall be subject to annual adjustment through the application of the threshold adjustment factor, including, without limitation, those specifically set forth in § 515(c)(1) of this title. See Delaware Code Title 30 Sec. 502
• Applicant: means any person or family who applies for assistance or welfare services or on whose behalf such application is made under the terms of this chapter. See Delaware Code Title 31 Sec. 502
• Applicant: means any person who is seeking employment with the Department for a security sensitive position. See Delaware Code Title 29 Sec. 8921
• 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
• area of operation: means the county or part of the county in and with respect to which an authority shall be created. See Delaware Code Title 31 Sec. 4301
• Area of operation: means in the case of a municipality the area within such municipality and in the case of a county, the area within the county, except that the area of operation in such case shall not include any area which lies within the territorial boundaries of a municipality unless a resolution shall have been adopted by the governing body of such municipality declaring a need therefor; and in the case of a regional authority, shall mean the area within the communities for which such regional authority is created; provided, however, that a regional authority shall not undertake a redevelopment project within the territorial boundaries of any municipality or county unless a resolution shall have been adopted by the governing body of such municipality or county declaring that there is a need for the regional authority to undertake such redevelopment project within such municipality. See Delaware Code Title 31 Sec. 4501
• Arrest: Taking physical custody of a person by lawful authority.
• Assistance: means assistance to or on behalf of eligible needy persons or eligible families to enable them to improve their standard of living, including money payments, child care, job training, education, other support services, medical or surgical care, dental care, nursing, burial, board and care in a private institution, adult foster care, rest residential facility for adults, public medical institution as a patient, or such other aid as may be deemed necessary. See Delaware Code Title 31 Sec. 502
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Bequest: Property gifted by will.
• Blighted area: means that portion of a municipality or community which is found and determined to be a social or economic liability to such municipality or community because of any of the following conditions:

  a. See Delaware Code Title 31 Sec. 4501

• Board: means the Tourism Advisory Board created by § 8708A of this title. See Delaware Code Title 29 Sec. 8702A
• board: means the board of directors of the land bank. See Delaware Code Title 31 Sec. 4703
• Board: means the Board of Managers of the Woods Haven School for Girls. See Delaware Code Title 31 Sec. 5301
• board of assessment: shall be construed to mean the "department of finance" insofar as Sussex County is concerned and "Office of Finance" insofar as New Castle County is concerned. See Delaware Code Title 9 Sec. 501
• Budget: includes the complete financial plan of the State as evidenced by all appropriations and allowances made and estimates of revenue approved by the General Assembly, including, in addition to the general budget of appropriations adopted by the General Assembly and approved by the Governor, all other appropriations and allowances authorized by law which have been or shall be made to any agency of this State which is supported in whole or in part out of the revenues, taxes, licenses, fees, permits, fines and from other sources including any agency which is empowered by statute to collect and expend revenues by the use of special funds by whatever name known whether or not specifically appropriated by the General Assembly, and includes the budgets and the revenues and expenditures of all agencies to which moneys are appropriated by supplementary appropriations or otherwise. See Delaware Code Title 29 Sec. 6301
• Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
• Bureau: means the State Bureau of Housing. See Delaware Code Title 31 Sec. 4301
• Caregiver: means any adult who has assumed the permanent or temporary care, custody or responsibility for the supervision of an adult who is impaired. See Delaware Code Title 31 Sec. 3902
• case decision: means any agency proceeding or determination that a named party as a matter of past or present fact, or of threatened or contemplated private action, is or is not in violation of a law or regulation, or is or is not in compliance with any existing requirement for obtaining a license or other right or benefit. See Delaware Code Title 29 Sec. 10102
• Chambers: A judge's office.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child Protection Registry: means as defined under § 921 of Title 16. See Delaware Code Title 29 Sec. 7998
• Clerk: means the clerk or other official of the municipality or county who is the custodian of the official records of such municipality or county. See Delaware Code Title 31 Sec. 4501
• Clerk of the peace: means the clerk of the peace of the county in which the suburban community is situated. See Delaware Code Title 9 Sec. 551
• Collect: shall mean to store information, including via cookie technology, for purposes of retrieval at a later time to initiate communication with or make determinations about the person who is the subject of such information. See Delaware Code Title 29 Sec. 9017C
• Commission: means the county park and recreation commission. See Delaware Code Title 9 Sec. 602
• Commissioner: means 1 of the members of an authority appointed in accordance with the provisions of this chapter. See Delaware Code Title 31 Sec. 4301
• Commitment: refers to the vesting of legal custody of juveniles in the custody of the Department of Services for Children, Youth and Their Families under the provisions of §§ 5106-5108 of this title. See Delaware Code Title 31 Sec. 5101
• Community: means any municipality or county in this State. See Delaware Code Title 31 Sec. 4501
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Congregate housing facility: means a facility housing 8 or more homeless adults and children on a temporary basis. See Delaware Code Title 29 Sec. 7960
• Conservation: means the preservation of an area or section of a community, and the supervision and care of such area or section, to prevent the recurrence or spread of slum conditions or conditions of blight. See Delaware Code Title 31 Sec. 4501
• Contribution: means any cash, property, services rendered or a promissory note or other obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in the capacity as a partner. See Delaware Code Title 6 Sec. 17-101
• Corporation: means the Diamond State Port Corporation. See Delaware Code Title 29 Sec. 8782
• Council: means the Council on Development Finance created by § 8707A of this title. See Delaware Code Title 29 Sec. 8702A
• county engineer: shall be construed to mean the General Manager of the Department of Special Services insofar as New Castle County is concerned. See Delaware Code Title 9 Sec. 501
• County government: means the county governing body. See Delaware Code Title 9 Sec. 602
• County government: means the county governing body of each county. See Delaware Code Title 9 Sec. 501
• County government: means the county governing body;

  (3) "Suburban community" means any unincorporated community within this State:

  a. See Delaware Code Title 9 Sec. 551

• Court: means the Superior Court of the State except for appeals from the Division of Child Support Services, which will be heard by the Family Court of the State. See Delaware Code Title 29 Sec. 10102
• Court: means the Court of Chancery of the State. See Delaware Code Title 31 Sec. 3902
• Court: means any court of competent jurisdiction. See Delaware Code Title 31 Sec. 5101
• Criminal background check: means a report of an individual's federal and state criminal history record from the Delaware State Bureau of Identification and the Federal Bureau of Investigation. See Delaware Code Title 29 Sec. 7998
• Cutting operation: shall mean the cutting of timber for commercial purposes from 10 acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), pond pine (Pinus serotina) or yellow-poplar (Liriodendron tulipifera) singly or together occur and constitute 25 percent or more of the live trees on each acre. See Delaware Code Title 3 Sec. 1052
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deficiency: means , in the case of any tax imposed by this title or, where applicable, Title 4, the amount by which such tax so imposed exceeds the excess of:

  a. See Delaware Code Title 30 Sec. 502

• Dental care: means payment of all or part of the costs on behalf of an eligible recipient for preventive and restorative treatment which the Department of Health and Social Services authorizes by regulation. See Delaware Code Title 31 Sec. 502
• Department: means the Department of Health and Social Services. See Delaware Code Title 29 Sec. 7972
• Department: shall mean the Department of Health and Social Services. See Delaware Code Title 31 Sec. 1002
• Department: means the Department of Health and Social Services. See Delaware Code Title 29 Sec. 7998
• Department: means the Department of Health and Social Services. See Delaware Code Title 31 Sec. 2101
• Department: shall mean the Department of Health and Social Services. See Delaware Code Title 31 Sec. 3703
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 29 Sec. 8092
• Department: means the Department of Health and Social Services of the State. See Delaware Code Title 31 Sec. 3902
• Department: shall mean the Department of Technology and Information. See Delaware Code Title 29 Sec. 9017C
• Department: means the Department of Services for Children, Youth and Their Families. See Delaware Code Title 31 Sec. 5101
• Department: means the Department of Finance. See Delaware Code Title 30 Sec. 101
• Department technical representative: means an employee of the Department designated by the Commissioner to ensure compliance with the requirements of this subchapter and whose duties include, but are not limited to, the following:

  a. See Delaware Code Title 29 Sec. 8921

• Dependent: A person dependent for support upon another.
• Detention: refers to the holding of a juvenile by the Department in the separate Detention Department provided for in § 5110 of this title. See Delaware Code Title 31 Sec. 5101
• Devise: To gift property by will.
• Diameter: shall mean the diameter outside bark of a standing tree measured 4. See Delaware Code Title 3 Sec. 1052
• Direct access: means the opportunity to have personal, unsupervised contact with persons receiving care or education during the course of one's assigned duties. See Delaware Code Title 29 Sec. 7998
• Director: means the Director of the Division of Revenue or the Secretary of Finance of the State. See Delaware Code Title 30 Sec. 502
• Director: means the Director of the Division of Small Business. See Delaware Code Title 29 Sec. 8702A
• Director: means the Director of the Division of Revenue or the Secretary of Finance of the State. See Delaware Code Title 30 Sec. 502
• Director: means the Director of the State Division of Public Health. See Delaware Code Title 29 Sec. 7990
• Director: means Secretary of the Department of Health and Social Services. See Delaware Code Title 31 Sec. 101
• Disclose: shall mean to reveal, release, transfer, disseminate or otherwise communicate information orally, in writing or by electronic or other means, other than to the person who is the subject of such information. See Delaware Code Title 29 Sec. 9017C
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disqualifying criminal conviction: means those convictions set forth in § 309(d)(1) of Title 31 and the length of prohibition is the same as that set forth under that paragraph. See Delaware Code Title 29 Sec. 7998
• Division: means the Division of Small Business. See Delaware Code Title 29 Sec. 8702A
• Division: means the State Division of Public Health within the Department of Health and Social Services of the State. See Delaware Code Title 29 Sec. 7990
• Division: means the Division for the Visually Impaired under § 7929 of Title 29, a division of the Department of Health and Social Services. See Delaware Code Title 31 Sec. 2101
• Division: shall mean the Division of Services for Aging and Adults with Physical Disabilities. See Delaware Code Title 31 Sec. 3703
• Division: means the Division of Public Health. See Delaware Code Title 29 Sec. 8092
• Division of Revenue: means the Division of Revenue of the Department of Finance of the State. See Delaware Code Title 30 Sec. 502
• Division of Revenue: means the Division of Revenue of the Department of Finance of the State. See Delaware Code Title 30 Sec. 502
• Document: means :

  a. See Delaware Code Title 6 Sec. 17-101

• dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
• DSHA: means the Delaware State Housing Authority. See Delaware Code Title 31 Sec. 4301
• Dwelling unit: shall mean any single family residence and each individual living unit in a duplex or triplex, or semi-detached residential building which is constructed with public financial assistance. See Delaware Code Title 31 Sec. 4202
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Emergency: means that a person is living in conditions which present a substantial risk of serious harm and includes, but is not limited to, problems which cannot be managed by a person who is impaired, such as insufficient food supply, inadequate shelter, threatened or actual abuse or utility shut-off. See Delaware Code Title 31 Sec. 3902
• Employable: refers to any person who:

  a. See Delaware Code Title 31 Sec. 502

• Employee: means a person with whom the State has an employer-employee relationship. See Delaware Code Title 29 Sec. 8921
• Employer: means a person or other legal entity that employs individuals to work in long-term care facility, home care agency, or for a prescribed pediatric extended care center. See Delaware Code Title 29 Sec. 7972
• Energy and operational cost savings: means a measured reduction in the cost of fuel, energy consumption, and stipulated operation and maintenance created from the implementation of 1 or more energy conservation measures when compared with an established baseline for the previous cost of fuel, energy consumption, and stipulated operation and maintenance. See Delaware Code Title 29 Sec. 6972
• 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
• Exploitation: means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another. See Delaware Code Title 31 Sec. 3902
• Facilities: means all works, buildings, structures, appliances and appurtenances necessary and convenient for the proper construction, equipment, operation and maintenance of such facility or facilities or any 1 or more of them. See Delaware Code Title 29 Sec. 8782
• Facility: shall mean any facility required to be licensed under Chapters 10 and 11 of Title 16, including any such facility operated by or for the State. See Delaware Code Title 31 Sec. 1002
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal government: includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Delaware Code Title 31 Sec. 4501
• 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}
• Fiduciary: A trustee, executor, or administrator.
• Financial exploitation: includes , but is not limited to:

  a. See Delaware Code Title 31 Sec. 3902

• Financial institution: means any of the following:

  a. See Delaware Code Title 31 Sec. 3902

• Foreclosing governmental unit: means any political subdivision of the State of Delaware, where such political subdivision has the power to cause the sale of real property located within its respective jurisdiction for the collection of liens inuring to that political subdivision. See Delaware Code Title 31 Sec. 4703
• 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.
• Free to grow: shall mean to increase the stem and crown diameter, basal area, height, volume and quality of an individual tree. See Delaware Code Title 3 Sec. 1052
• 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}
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• General neighborhood renewal plan: means a plan for an area of such size that it will encompass 2 or more projects that will entail renewal activities which may have to be spread over a period of up to 10 years, and for which programming of the entire area is desirable in advance of the planning and carrying out of specified projects. See Delaware Code Title 31 Sec. 4501
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the city council, town council, commissioners or other legislative body charged with governing the municipality or Levy Court commissioners or other legislative body charged with governing the county. See Delaware Code Title 31 Sec. 4501
• Government: includes the state and federal governments, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them. See Delaware Code Title 31 Sec. 4301
• Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
• Guaranteed energy performance contract: means a contract between the agency and a qualified provider for the evaluation, recommendation, and implementation of energy conservation measures, which, at minimum, shall include:

  a. See Delaware Code Title 29 Sec. 6972

• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• HIV: means the Human Immunodeficiency Virus that causes Acquired Immune Deficiency Syndrome (AIDS). See Delaware Code Title 29 Sec. 7990
• Home care agency: means all programs or agencies licensed under § 122(3)m. See Delaware Code Title 29 Sec. 7972
• housing authority: means a corporate body organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions set forth in this chapter. See Delaware Code Title 31 Sec. 4301
• Housing authority: means any public body created by or pursuant to Chapter 43 of this title. See Delaware Code Title 31 Sec. 4501
• Incident triggered testing: means any incident involving death or serious physical injury to a Department employee, loss or significant damage to Department property, escape of an inmate or detentioner where the security sensitive employee was directly involved in the incident. See Delaware Code Title 29 Sec. 8921
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent living arrangement: means a mode of life pursued by a person capable of providing for the person's own care or who, while impaired, nevertheless is able to live outside an institution with assistance in obtaining essential services. See Delaware Code Title 31 Sec. 3902
• 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.
• Infancy: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
• Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• 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}
• Interested person: means any adult relative or friend of a person who is impaired; an official or representative of the protective services agency or of any public or nonpublic private agency; or any corporation, board, organization or person designated by the Court to act in the interest of the person who is impaired. See Delaware Code Title 31 Sec. 3902
• Internal Revenue Service: means the Internal Revenue Service of the Department of Treasury of the United States. See Delaware Code Title 30 Sec. 502
• Internal Revenue Service: means the Internal Revenue Service of the Department of Treasury of the United States. See Delaware Code Title 30 Sec. 502
• Internet: shall mean a system of linked computer networks, international in scope, that facilitate data transmission and exchange. See Delaware Code Title 29 Sec. 9017C
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Juvenile: means a minor. See Delaware Code Title 31 Sec. 5101
• Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
• Land bank: means a land bank established under this chapter and in accordance with the provisions of this chapter. See Delaware Code Title 31 Sec. 4703
• Landowner: shall mean any person holding title to the land or possessing the right to contract for the cutting operation thereon. See Delaware Code Title 3 Sec. 1052
• last known address: shall mean the address determined under paragraph (b)(6)a. See Delaware Code Title 30 Sec. 502
• Legacy: A gift of property made by will.
• License: means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law, but it does not include a license required solely for revenue purposes. See Delaware Code Title 29 Sec. 10102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Liens: means any lien set forth in § 2901(a)(1) of Title 25. See Delaware Code Title 31 Sec. 4703
• Long-term care facility: means any facility licensed under Chapter 11 of Title 16. See Delaware Code Title 29 Sec. 7972
• Matched Housing Program: shall mean shared housing arrangements. See Delaware Code Title 31 Sec. 3703
• Maximum contaminant level: means the legal threshold limit on the amount of a substance that is allowed in public water systems. See Delaware Code Title 29 Sec. 8092
• Mayor: means the mayor of a municipality or the officer or body having the duties customarily imposed upon the executive head of a municipality. See Delaware Code Title 31 Sec. 4501
• Medical advisory committee: means a committee appointed by the Secretary of the Department of Health and Social Services, composed of representatives from the field of medicine, osteopathy, dentistry, nursing, pharmacy, hospital services and such other fields concerned with health as the Secretary of the Department of Health and Social Services may deem appropriate, to provide to the board advice, recommendations and assistance in the formulation and administration of programs of medical and health care. See Delaware Code Title 31 Sec. 502
• Medical assistance: means medical or dental care furnished on behalf of recipients who are eligible for assistance in any of the categories in § 505 of this title. See Delaware Code Title 31 Sec. 502
• Medical care: means payment of all or part of the costs on behalf of eligible recipients; provided, that such payments are within the limitations of the funds appropriated by the General Assembly and the United States Congress for this purpose, for:

  a. See Delaware Code Title 31 Sec. 502

• Member: means a person who is admitted to a limited liability company as a member as provided in § 18-301 of this title, and includes a member of the limited liability company generally and a member associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
• Mistreatment: means the failure to provide appropriate physical or emotional care to an adult who is impaired, including the inappropriate use of medications, isolation or physical or chemical restraints on or of an adult who is impaired. See Delaware Code Title 31 Sec. 3902
• Municipality: means any incorporated city or town in this State. See Delaware Code Title 31 Sec. 4501
• 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}
• Neglect: means :

  a. See Delaware Code Title 31 Sec. 3902

• Notice of proposed assessment: means a notice sent to a taxpayer by the Director or the Director's delegate pursuant to § 521(c) of this title that tax, interest, penalty, additional amount or addition to the tax is proposed for assessment and is due. See Delaware Code Title 30 Sec. 502
• Notice of proposed assessment: means a notice sent to a taxpayer by the Director or the Director's delegate pursuant to § 521(c) of this title that tax, interest, penalty, additional amount or addition to the tax is proposed for assessment and is due. See Delaware Code Title 30 Sec. 502
• Obligee: includes any bondholder, agents or trustees for any bondholders, or lessor demising to the authority property used in connection with a redevelopment project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority. See Delaware Code Title 31 Sec. 4501
• Operator: shall mean any person, including a landowner, who conducts any cutting operation. See Delaware Code Title 3 Sec. 1052
• Ordinary medical care: shall mean medical examination, medical treatment including surgical procedures and mental health treatment other than inpatient psychiatric hospitalization. See Delaware Code Title 31 Sec. 5101
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Paid tax preparer: means any person who prepares for compensation, or who employs one or more persons to prepare for compensation, any return or claim for refund, or a substantial portion of any return or claim for refund under this Title. See Delaware Code Title 30 Sec. 502
• Paid tax preparer: means any person who prepares for compensation, or who employs one or more persons to prepare for compensation, any return or claim for refund, or a substantial portion of any return or claim for refund under this Title. See Delaware Code Title 30 Sec. 502
• Park or recreation area: means any area of real estate located within or reasonably near the suburban park community suitable for the promotion of the health and recreation of the residents of the suburban community. See Delaware Code Title 9 Sec. 602
• Participant: means an injection drug user who exchanges a sterile needle and syringe unit pursuant to the program established in § 7991 of this title. See Delaware Code Title 29 Sec. 7990
• Partner: means a limited or general partner. See Delaware Code Title 6 Sec. 17-101
• Party: means each person or agency named or admitted in an agency proceeding as a party, or properly seeking and entitled as of right to be admitted as a party to an agency proceeding. See Delaware Code Title 29 Sec. 10102
• Person: means and includes an individual, a trust, estate, partnership, association, company or corporation. See Delaware Code Title 30 Sec. 502
• Person: means an individual, partnership, corporation, association, governmental entity, business entity, or other legal entity. See Delaware Code Title 6 Sec. 2501C
• Person: means and includes an individual, a trust, estate, partnership, association, company or corporation. See Delaware Code Title 30 Sec. 502
• Person: shall mean a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality. See Delaware Code Title 31 Sec. 1002
• Person: shall mean the State, or any county, municipality, corporation or other political subdivision of the State or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association or public or private corporation, or principal(s) in business ventures operating under more than 1 name, or any other entity. See Delaware Code Title 3 Sec. 1052
• Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
• Person who is incapacitated: means a person for whom a guardian of person or property, or both, shall be appointed, under § 3901 of Title 12. See Delaware Code Title 31 Sec. 3902
• Person with blindness: means an individual with total blindness or visual acuity of not more than 20/200 in the better-seeing eye with best conventional correction or whose vision is limited in field so that the widest diameter subtends an angle no greater than 20 degrees. See Delaware Code Title 31 Sec. 2101
• Person with visual impairment: means an individual who has a visual acuity of not more than 20/70 to 20/200 in the better-seeing eye with the best conventional correction. See Delaware Code Title 31 Sec. 2101
• Personal information: shall include , but not be limited to, any information concerning a natural person which, because of name, number, symbol, mark or other identifier, can be used to identify that natural person. See Delaware Code Title 29 Sec. 9017C
• Persons of low income: means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking a project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding. See Delaware Code Title 31 Sec. 4301
• PFAS: includes PFOA and PFOS. See Delaware Code Title 29 Sec. 8092
• PFOA: means perfluorooctanoic acid and its salts. See Delaware Code Title 29 Sec. 8092
• PFOS: means perfluorooctanesulfonic acid or perfluorooctane sulfonate and its salts. See Delaware Code Title 29 Sec. 8092
• Physical or mental disability: shall include any physical or mental disability and shall include, but not be limited to, intellectual and developmental disabilities, brain damage, physical degeneration, deterioration, senility, disease, habitual drunkenness or addiction to drugs, and mental or physical impairment. See Delaware Code Title 31 Sec. 3902
• Pine: shall mean any loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata) or pond pine (Pinus serotina). See Delaware Code Title 3 Sec. 1052
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the Comprehensive State Plan for Economic Development created by § 8705A of this title. See Delaware Code Title 29 Sec. 8702A
• 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.
• points: shall mean the amount of credit given, out of a possible total of 41, for calculating an application's Universal Design Standards compliance for purposes of this chapter. See Delaware Code Title 31 Sec. 4202
• Port of Wilmington: means all wharves, piers, slips, ferries, anchorages, docks, dry-docks, bulkheads, dock-walls, basins, car-floats, float-bridges, grain or other storage elevators, warehouses, cold or heated storage, tracks, yards, sheds, switches or other buildings, structures or facilities or improvements or appurtenances operated as of the date of creation of the Corporation by the Wilmington Department of Commerce as the Port of Wilmington and Wilmington Marine Terminal Wharf and such other facilities, structures, improvements or appurtenances as may be developed, constructed or operated on land contiguous to, adjacent to or proximate to the Port of Wilmington as may be acquired by the Corporation or the City of Wilmington for the purpose of port development. See Delaware Code Title 29 Sec. 8782
• 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.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Prescribed pediatric extended care center: means any facility licensed under § 122(3)q. See Delaware Code Title 29 Sec. 7972
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• 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 29 Sec. 7972
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Program: shall mean the Housing Counseling Program. See Delaware Code Title 31 Sec. 3703
• project: means any work or undertaking:

  a. See Delaware Code Title 31 Sec. 4301

• Provider: shall mean a person who is enrolled and who renders goods or services for which payment is made, in whole or in part, under a public assistance program. See Delaware Code Title 31 Sec. 1002
• Public assistance program: shall mean the medical assistance program of the State. See Delaware Code Title 31 Sec. 1002
• Public body: means the State or any municipality, county, township, board, commission, authority, district or any other subdivision or public body of this State. See Delaware Code Title 31 Sec. 4501
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public financial assistance: shall mean :

  a. See Delaware Code Title 31 Sec. 4202

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified provider: means a person or business with a record of established projects that is experienced in the analysis, design, implementation, or installation of energy conservation measures through guaranteed energy performance contracts. See Delaware Code Title 29 Sec. 6972
• Ramp: shall mean a surface with a running slope more than 1:20 and equal to or less than 1:12, and a cross slope less than 1:50. See Delaware Code Title 31 Sec. 4202
• Random testing: means tests based upon an appropriate random sampling technique, with significant samples of Department employees in security sensitive positions being tested on a periodic basis with all such employees having a reasonably equal chance of being tested. See Delaware Code Title 29 Sec. 8921
• Real property: includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. See Delaware Code Title 31 Sec. 4501
• Reasonable suspicion: means when the Department, acting through its supervisory personnel, has reasonable suspicion that the appearance or conduct of Department employees in a security sensitive position is indicative of their having being impaired by an illegal drug. See Delaware Code Title 29 Sec. 8921
• Recipient: means any person or family to whom or for whom assistance is paid under this chapter. See Delaware Code Title 31 Sec. 502
• 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}
• Redeveloper: means any person, partnership, or public or private corporation or agency which enters or proposes to enter into a redevelopment contract. See Delaware Code Title 31 Sec. 4501
• Redevelopment contract: means a contract entered into between an authority and a redeveloper for the redevelopment of an area in conformity with a redevelopment plan. See Delaware Code Title 31 Sec. 4501
• Redevelopment plan: means a plan other than a preliminary or tentative plan for the acquisition, clearance, reconstruction, rehabilitation or future use of a redevelopment project area. See Delaware Code Title 31 Sec. 4501
• Redevelopment project: means any work or undertaking to:

  a. See Delaware Code Title 31 Sec. 4501

• Regulation: means any statement of law, procedure, policy, right, requirement or prohibition formulated and promulgated by an agency as a rule or standard, or as a guide for the decision of cases thereafter by it or by any other agency, authority or court. See Delaware Code Title 29 Sec. 10102
• Rehabilitation: means the reconstruction, alteration or repair of improvements, structures and buildings in accordance with the requirements of the municipality or community in its codes, laws or regulations pertaining to building, fire prevention, health, housing, and zoning, and also the use of land, and the use and occupancy of buildings and improvements. See Delaware Code Title 31 Sec. 4501
• Related activities: means :

  a. See Delaware Code Title 31 Sec. 4501

• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• School: means the Woods Haven School for Girls. See Delaware Code Title 31 Sec. 5301
• Secretary: means the Secretary of State. See Delaware Code Title 29 Sec. 8702A
• Secretary: shall mean the Secretary of the Department of Agriculture. See Delaware Code Title 3 Sec. 1052
• Security sensitive position: means any of the following positions in the Department:

  a. See Delaware Code Title 29 Sec. 8921

• Seedling: shall mean a young pine or yellow-poplar plant less than 1 inch in diameter. See Delaware Code Title 3 Sec. 1052
• Senior citizen: shall mean any Delaware resident 60 years of age or older. See Delaware Code Title 31 Sec. 3703
• Series: means a designated series of limited partners, general partners, partnership interests or assets that is a protected series or a registered series, or that is neither a protected series nor a registered series. See Delaware Code Title 6 Sec. 17-101
• Service of process: The service of writs or summonses to the appropriate party.
• Slum: means any area where dwellings predominate which by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and morals. See Delaware Code Title 31 Sec. 4301
• Slum area: means an area in which there is a predominance of buildings or improvements (or which is predominantly residential in character), and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare. See Delaware Code Title 31 Sec. 4501
• slum clearance and redevelopment authority: means a public body, corporate and politic, created by or pursuant to § 4503 of this title or any housing authority or community exercising the powers, rights and duties of a slum clearance and redevelopment authority pursuant to § 4503 of this title. See Delaware Code Title 31 Sec. 4501
• State: means a state of the United States, the District of Columbia, Puerto Rico, The United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 30 Sec. 502
• State: means the State of Delaware. See Delaware Code Title 29 Sec. 8702A
• State: means a state of the United States, the District of Columbia, Puerto Rico, The United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 30 Sec. 502
• State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
• State agency website: shall mean an internet website operated by or for a state agency. See Delaware Code Title 29 Sec. 9017C
• state row officers: means the Prothonotaries of New Castle County, Kent County and Sussex County. See Delaware Code Title 29 Sec. 9002B
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subordinate: means either:

  a. See Delaware Code Title 29 Sec. 10102

• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Suburban community: means any unincorporated community within this State:

  1. See Delaware Code Title 9 Sec. 501

• Suburban community: means any unincorporated community within this State:

  1. See Delaware Code Title 9 Sec. 501

• Suburban park community: means any unincorporated community within the State:

  a. See Delaware Code Title 9 Sec. 602

• Summons: Another word for subpoena used by the criminal justice system.
• Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
• Task Force: shall mean the Task Force on Housing for Senior Citizens. See Delaware Code Title 31 Sec. 3703
• Tax: shall be deemed also to refer to license fees imposed under Part III of this title. See Delaware Code Title 30 Sec. 502
• Tax: shall be deemed also to refer to license fees imposed under Part III of this title. See Delaware Code Title 30 Sec. 502
• Taxable: means any person, fiduciary, association of persons, syndicate, joint venture or copartnership subject to making return or to payment of tax imposed by this title. See Delaware Code Title 30 Sec. 101
• Threshold adjustment factor: means an amount equal to the Consumer Price Index prepared by the Bureau of Labor Statistics, U. See Delaware Code Title 30 Sec. 502
• timber: shall mean any tree of a currently commercially valuable species that is 6 inches or more in diameter. See Delaware Code Title 3 Sec. 1052
• 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.
• Toxic substance: means a substance that contains lead or a coating on an item that contains lead in excess of the limit set by Title 16 of the Code of Federal Regulations, Part 1303 (i. See Delaware Code Title 6 Sec. 2501C
• Toy: means an article designed and intended for the child's use in play. See Delaware Code Title 6 Sec. 2501C
• 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.
• 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}
• Unemployable: means not employable. See Delaware Code Title 31 Sec. 502
• unemployment: means as defined under regulations of the Department of Health and Social Services in consultation with the Department of Labor. See Delaware Code Title 31 Sec. 502
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Urban renewal area: means a slum area or a blighted area or any combination thereof which the local governing body designates as appropriate for an urban renewal project. See Delaware Code Title 31 Sec. 4501
• Urban renewal plan: means a plan, as it exists from time to time, for an urban renewal project, which plan:

  a. See Delaware Code Title 31 Sec. 4501

• Urban renewal project: means undertakings and activities of a municipality or community, in an urban renewal area, for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. See Delaware Code Title 31 Sec. 4501
• User: shall mean any natural person who uses the internet to access a state agency website. See Delaware Code Title 29 Sec. 9017C
• Vacancy rate: means the percentage of residential structures that have been uninhabited for 6 months or more within a given jurisdiction. See Delaware Code Title 31 Sec. 4703
• 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.
• Vulnerable adult: means an adult who meets the criteria set forth in § 1105(c) of Title 11. See Delaware Code Title 31 Sec. 3902
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.