Idaho Code > Title 14 > Chapter 5 – Unclaimed Property Law
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Terms Used In Idaho Code > Title 14 > Chapter 5 - Unclaimed Property Law
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
- Administration of criminal justice: means performance of any of the following activities: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. See Idaho Code 67-3001
- Administrative code: means the Idaho administrative code established in this chapter. See Idaho Code 67-5201
- Administrative costs: means personnel costs, capital outlay, and reasonable expenses incurred by other state agencies to effectuate the purposes of this chapter. See Idaho Code 67-7404
- Administrative employee: means any person, nonclassified or classified, appointed to a position that meets the criteria set forth in the federal fair labor standards act, 29 U. See Idaho Code 67-5302
- Administrator: means the administrator of the division of human resources in the governor’s office. See Idaho Code 67-5302
- Administrator: means the state treasurer or his or her duly authorized agents or employees. See Idaho Code 14-501
- Adopt: means that an agency has, under the regular rulemaking process, promulgated a temporary rule, a new rule chapter, or an amendment or repeal of a final rule that will be submitted for review by the legislature as either a temporary rule or a pending rule. See Idaho Code 67-5201
- 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: means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV of the constitution of the state of Idaho in the exercise of powers derived directly and exclusively from the constitution, the state militia or the state board of correction. See Idaho Code 67-5201
- Agency action: means :
Idaho Code 67-5201Agency head: means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law. See Idaho Code 67-5201 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. 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 Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Apparent owner: means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder. See Idaho Code 14-501 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. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Appointing authority: means the officer, board, commission, person or group of persons authorized by statute or lawfully delegated authority to make appointments to or employ personnel in any department. See Idaho Code 67-5302 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 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. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney general: means the chief legal officer of this state. See Idaho Code 14-501 Authority: means the Idaho state building authority created and established pursuant to section 67-6403, Idaho Code. See Idaho Code 67-6402 Balanced budget: A budget in which receipts equal outlays. Banking organization: means a bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, or any organization defined by other law as a bank or banking organization. See Idaho Code 14-501 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 Bequest: Property gifted by will. Board: means the board of trustees of the Idaho state historical society. See Idaho Code 67-4112 board: as used in this chapter shall mean the board of directors of a district. See Idaho Code 67-4902 Bulletin: means the Idaho administrative bulletin established in this chapter. See Idaho Code 67-5201 Bureau: means the bureau of criminal identification in the Idaho state police. See Idaho Code 67-3001 Business association: means a nonpublic corporation, limited liability company, joint stock company, investment company, business trust, partnership, or association for business purposes of two (2) or more individuals, whether or not for profit, including, but not limited to, a banking organization, financial organization, insurance company, or utility. See Idaho Code 14-501 Candidate: means an individual who seeks nomination, election, or reelection to public office and who has taken any of the following actions:
Idaho Code 67-6602check: refers to a check or the electronic equivalent of a check, including an authorization given by a borrower to a creditor to withdraw an agreed upon amount from any account held by the borrower. See Idaho Code 28-46-401 Chief administrative hearing officer: means the administrator of the office of administrative hearings created pursuant to section 67-5280, Idaho Code. See Idaho Code 67-5201 Class: means a group of positions sufficiently similar as to the duties performed, degree of supervision exercised or required, minimum requirements of training, experience or skill, and other characteristics that the same title, the same tests of fitness and the same schedule of compensation may be applied to each position in the group. See Idaho Code 67-5302 classified employee: means any person appointed to or holding a position in any department of the state of Idaho, which position is subject to the provisions of the merit examination, selection, retention, promotion and dismissal requirements of section 67-5309, Idaho Code. See Idaho Code 67-5302 Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records. Commission: means the Idaho personnel commission. See Idaho Code 67-5302 Commission: means the commission on human rights created by this chapter;
Idaho Code 67-5902Commission: means the Idaho state lottery commission. See Idaho Code 67-7404 Community college district: means any community college district organized and existing under chapter 21, title 33, Idaho Code. See Idaho Code 67-6402 Compensation: includes any advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, and any contract, agreement, promise or other obligation, whether or not legally enforceable, to do any of the foregoing, for services rendered or to be rendered, but does not include reimbursement of expenses if such reimbursement does not exceed the amount actually expended for such expenses and is substantiated by an itemization of such expenses. See Idaho Code 67-6602 Compensatory time: means approved time off from duty provided in compensation for overtime hours worked. See Idaho Code 67-5302 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. 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. Contested case: means a proceeding that results in the issuance of an order. See Idaho Code 67-5201 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Contractor: means a person who receives compensation from another person for either full-time or part-time work based on a contract or compensation agreement, but who is not an employee of that person. See Idaho Code 67-6602 Contribution: includes any advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription or transfer of money or anything of value, and any contract, agreement, promise or other obligation, whether or not legally enforceable, to make a contribution, in support of or in opposition to any candidate, political committee or measure. See Idaho Code 67-6602 Conviction: A judgement of guilt against a criminal defendant. Coordinator: means the administrative rules coordinator prescribed in section 67-5202, Idaho Code. See Idaho Code 67-5201 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Council: means the Idaho state council for the deaf and hard of hearing. See Idaho Code 67-7302 Court: means any court created by the constitution and laws of the state of Idaho; and clerks of the district court. See Idaho Code 67-3001 Criminal history records: means physical and automated information on individuals collected and maintained by the Idaho state police as a result of arrest or the initiation of a criminal proceeding by felony summons or information. See Idaho Code 67-3001 Criminal justice agency: means a governmental agency or subdivision of a government entity that performs the administration of criminal justice pursuant to a statute, and that allocates a substantial portion of its budget to the administration of criminal justice. See Idaho Code 67-3001 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deaf: includes several kinds of deafness: prelingually deaf, postlingually deaf and deafened as defined by the Gallaudet university study on hearing loss. See Idaho Code 67-7302 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. Department: means the Idaho state police. See Idaho Code 67-3001 Department: means any department, agency, institution or office of the state of Idaho. See Idaho Code 67-5302 Dependent: A person dependent for support upon another. device: means any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. See Idaho Code 67-7503 Devise: To gift property by will. Director: means the director of the Idaho state police. See Idaho Code 67-3001 Director: means the director of the lottery. See Idaho Code 67-7404 Disability: means a physical or mental condition of a person, whether congenital or acquired, which constitutes a substantial limitation to that person and is demonstrable by medically accepted clinical or laboratory diagnostic techniques. See Idaho Code 67-5902 Disabled veteran: is a s defined in section 65-502, Idaho Code. See Idaho Code 67-5302 Discharge: includes , but it [is] not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping. See Idaho Code 67-7503 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Discriminatory practice: means a practice designated as discriminatory under the terms of this chapter;
Idaho Code 67-5902Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Disposition: means the formal or informal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system. See Idaho Code 67-3001 Docket: A log containing brief entries of court proceedings. Document: means any executive order, notice, rule or statement of policy of an agency. See Idaho Code 67-5201 Domicile: means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person. See Idaho Code 14-501 Donor: The person who makes a gift. Educational institution: means a public or private institution and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system, or university and a business, nursing, professional, secretarial, technical, or vocational school and includes an agent of an educational institution;
Idaho Code 67-5902Election: means any state or local general, special, recall, or primary election. See Idaho Code 67-6602 Election campaign: means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a measure. See Idaho Code 67-6602 Electioneering communication: means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that:
Idaho Code 67-6602Electronic 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 Eligible: means a person who has been determined to be qualified for a classified position and whose name has been placed on the register of eligibles. See Idaho Code 67-5302 Employee: means an individual who performs a service for wages or other compensation from which the individual’s employer withholds federal employment taxes under a contract for hire, written or oral. See Idaho Code 67-6602 Employer: means a person, wherever situated, who hires five (5) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year whose services are to be partially or wholly performed in the state of Idaho, except for domestic servants hired to work in and about the person’s household. See Idaho Code 67-5902 Employment agency: means a person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person;
Idaho Code 67-5902Enforcement officer: means all persons designated as peace officers and authorized special deputies under Idaho law. See Idaho Code 67-7503 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Executive official: means :
Idaho Code 67-6602Executive session: A portion of the Senate's daily session in which it considers executive business. Executor: A male person named in a will to carry out the decedent Exempt employee: means any employee, classified or nonclassified, who is determined to be an executive, professional or administrative employee as defined in this section or who qualifies for any other exemption from cash compensation for overtime under applicable federal law. See Idaho Code 67-5302 Expenditure: includes any payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. See Idaho Code 67-6602 Expenses: means all costs of doing business including, but not limited to, prizes, commissions and other compensation paid to retailers, advertising and marketing costs, personnel costs, capital outlay, reasonable expenses incurred by other state agencies to effectuate the purposes of this chapter, depreciation of property and equipment, and other operating costs, all of which are to be recorded on the accrual basis of accounting in accordance with generally accepted accounting principles. See Idaho Code 67-7404 expressly advocating: means any communication containing a message advocating election, passage or defeat including, but not limited to, the name of the candidate or measure, or expression such as "vote for" "elect" "support" "cast your ballot for" "vote against" "defeat" or "reject. See Idaho Code 67-6602 Facility: means any work or undertaking, whether new construction or rehabilitation, which is designed and financed pursuant to the provisions of this act and designed for use as an office building, laboratory, library, dining room, instructional facility, motor vehicle parking, storage or service facility or for any other use by any state body or community college district and all other real or personal properties which are necessary, convenient, or desirable appurtenances, such as but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and such equipment which may be necessary to constitute a fully equipped and modern building as the authority determines to be necessary or convenient to accomplish the purposes of this act. See Idaho Code 67-6402 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. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. Final rule: means a rule that has been approved by the legislature and is in effect. See Idaho Code 67-5201 Financial organization: means a savings and loan association, cooperative bank, building and loan association, investment company, or credit union. See Idaho Code 14-501 Fingerprints: means the fingerprint impressions submitted to and compiled by the bureau, in a manual or automated form, pursuant to section 67-3004, Idaho Code. See Idaho Code 67-3001 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Food service facilities: includes restaurants, cafeterias, snack bars, and goods and services customarily offered in connection with any of the foregoing, and also includes vending machines dispensing foods when operated independently or in conjunction with such facilities. See Idaho Code 67-6902 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 Fraud: Intentional deception resulting in injury to another. Full-time employee: means any employee working a forty (40) hour workweek. See Idaho Code 67-5302 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 Germane: On the subject of the pending bill or other business; a strict standard of relevance. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Hard of hearing: means those persons whose hearing is diminished to an extent that makes hearing difficult but does not preclude the understanding of spoken communication through the ear alone, with or without a hearing aid. See Idaho Code 67-7302 Hearing officer: means the chief administrative hearing officer and any hearing officers appointed by him pursuant to sections 67-5281 through 67-5283, Idaho Code, or a person appointed by an agency or board to hear a contested case. See Idaho Code 67-5201 Historical record: means any record, artifact, object, historical or archaeological site or structure, document, evidence or public or private writing pursuant to the provisions of title 9, Idaho Code, relevant to the history of the state of Idaho. See Idaho Code 67-4112 Holder: means a person, wherever organized or domiciled, who is:
Idaho Code 14-501Holiday: means any day so designated by the president of the United States or the governor of this state for a public fast, thanksgiving or holiday. See Idaho Code 67-5302 Hours worked: means those hours actually spent in the performance of the employee’s job on any day including holidays and shall not include vacation or sick leave or other approved leave of absence. See Idaho Code 67-5302 Housing accommodation: includes any improved or unimproved real property, or part thereof, which is used or occupied, or as the home or residence of one (1) or more individuals;
Idaho Code 67-5902Indemnification: 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 expenditure: means any expenditure by a person for a communication expressly advocating the election, passage or defeat of a clearly identified candidate or measure that is not made with the cooperation or with the prior consent of, or in consultation with, or at the consent of, or in consultation with, or at the request of a suggestion of, a candidate or any agent or authorized committee of the candidate or political committee supporting or opposing a measure. See Idaho Code 67-6602 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. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Insurance company: means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance coverage, including accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life, including endowments and annuities, malpractice, marine, mortgage, surety, and wage protection insurance. See Idaho Code 14-501 Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Intangible property: includes :
Idaho Code 14-501Inter vivos: Transfer of property from one living person to another living person. 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 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. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Juror: A person who is on the jury. Labor organization: includes :
Idaho Code 67-5902Last known address: means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail. See Idaho Code 14-501 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 Legacy: A gift of property made by will. Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of authorization required by law, but does not include a license required solely for revenue purposes. See Idaho Code 67-5201 licensee: means a person licensed under this part and all persons required to be licensed under this part. See Idaho Code 28-46-401 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. lobbying: includes an association’s or other organization’s act of communicating with the members of that association or organization; and provided that neither "lobby" nor "lobbying" includes communicating with an executive official for the purpose of carrying out ongoing negotiations following the award of a bid or a contract, communications involving ongoing legal work and negotiations conducted by and with attorneys for executive agencies, interactions between parties in litigation or other contested matters, or communications among and between members of the legislature and executive officials and their employees, or by state employees while acting in their official capacity or within the course and scope of their employment. See Idaho Code 67-6602 Lobbyist: includes any person who lobbies. See Idaho Code 67-6602 Local government office: means any publicly elected office for any political subdivision of the state or special district that is not a legislative, judicial, statewide, or federal office. See Idaho Code 67-6602 Lottery contractor: means a person with whom the lottery has contracted for the purposes of providing goods and services for the state lottery. See Idaho Code 67-7404 Lottery revenue: means revenue derived from the sale of lottery tickets and shares. See Idaho Code 67-7404 Major procurement: means any contract with a vendor supplying lottery tickets or shares, data processing systems utilized to track, sell, distribute or validate lottery tickets or shares, any goods or services involving the determination or generation of winners in any lottery game or any auditing services. See Idaho Code 67-7404 Manufacturer: means any person engaged in manufacturing, assembling, or importing of marine sanitation devices or of vessels subject to the standards and regulations promulgated under the federal water pollution control act, as amended. See Idaho Code 67-7503 Measure: means any proposal submitted to the people for their approval or rejection at an election, including any initiative, referendum, recall election, or revision of or amendment to the state constitution. See Idaho Code 67-6602 Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC Municipality: means any city, municipal corporation, or other political subdivision of this state. See Idaho Code 67-6402 National origin: includes the national origin of an ancestor;
Idaho Code 67-5902Net income: means lottery revenue and nonlottery revenue, less expenses, as defined in this chapter. See Idaho Code 67-7404 Nonbusiness entity: means any group of two (2) or more individuals, a corporation, association, firm, partnership, committee, club or other organization that:
Idaho Code 67-6602Nonprofit organization representing persons with disabilities: means tax exempt organizations as defined under section 501(c)(3) of the Internal Revenue Code and includes the Idaho commission for the blind and visually impaired. See Idaho Code 67-6902 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. Official text: means the text of a document issued, prescribed, or promulgated by an agency in accordance with this chapter and is the only legally enforceable text of such document. See Idaho Code 67-5201 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Order: means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons. See Idaho Code 67-5201 Other wastes: include , but are not limited to, garbage, refuse, wood debris, oil, tar, and other "pollutants" as defined in the federal water pollution control act, as amended. See Idaho Code 67-7503 Oversight: Committee review of the activities of a Federal agency or program. Overtime work: means :
Idaho Code 67-5302Owner: means a depositor in the case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to this act or his legal representative. See Idaho Code 14-501 Owner: means any person having a property interest in or entitled to the use or possession of a vessel, including a person entitled to use or possession subject to the interest in another person reserved or created by agreement and securing payment of performance of an obligation, but not including a lessee under lease not intended as security. See Idaho Code 67-7503 Participating department: means any department of the state of Idaho in the executive department reporting to the governor or a board or commission appointed by the governor. See Idaho Code 67-5302 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Party: means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party. See Idaho Code 67-5201 payday loan: means a transaction pursuant to a written agreement between a creditor and the maker of a check whereby the creditor:
Idaho Code 28-46-401Pecuniary benefit: means any benefit to a person or member of his household in the form of money, property or commercial interests, the primary significance of which is economic gain. See Idaho Code 67-3001 Pending fee rule: means any pending rule all or a portion of which imposes or increases a fee or charge. See Idaho Code 67-5201 Pending non-fee rule: means any pending rule that is not a pending fee rule. See Idaho Code 67-5201 Pending rule: means a proposed rule that an agency has adopted under the regular rulemaking process but remains subject to legislative review, is not a final rule, and is not in effect. See Idaho Code 67-5201 person: includes a corporation as well as a natural person;
Idaho Code 73-114Person: means any individual, partnership, corporation, association, governmental subdivision or agency, or public or private organization or entity of any character. See Idaho Code 67-5201 Person: includes an individual, association, corporation, joint apprenticeship committee, joint-stock company, labor union, legal representative, mutual company, partnership, any other legal or commercial entity, the state, or any governmental entity or agency;
Idaho Code 67-5902Person: means an individual, corporation, association, firm, partnership, committee, political party, club or other organization or group of persons. See Idaho Code 67-6602 Person: means an individual, business association, state or other government, governmental subdivision or agency, public corporation, public authority, estate, trust, two (2) or more persons having a joint or common interest, or any other legal or commercial entity. See Idaho Code 14-501 Person: shall be construed to mean and include an individual, association, corporation, club, trust, estate, society, company, joint stock company, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. See Idaho Code 67-7404 Person: means an individual, partnership, firm, corporation or association, but does not include an individual on board a public vessel. See Idaho Code 67-7503 Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114 Personal property: All property that is not real property. Personnel system: means the procedure for administering employees in accordance with this chapter. See Idaho Code 67-5302 Place of public accommodation: means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public;
Idaho Code 67-5902Plaintiff: The person who files the complaint in a civil lawsuit. 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. Political committee: means :
Idaho Code 67-6602Political office: means a public office for which partisan politics is a basis for nomination, election or appointment. See Idaho Code 67-5302 Political organization: means a party that sponsors candidates for election to political office. See Idaho Code 67-5302 Political treasurer: means an individual appointed by a candidate or political committee as provided in section 67-6603, Idaho Code. See Idaho Code 67-6602 Position: means a group of duties and responsibilities legally assigned or delegated by one (1) or more appointing authorities and requiring the employment of one (1) person. See Idaho Code 67-5302 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 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. President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service. 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. Preventive maintenance: means :
Idaho Code 67-5710BProbable cause: A reasonable ground for belief that the offender violated a specific law. 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. Property: includes both real and personal property. See Idaho Code 73-114 Proposed rule: means an agency proposal that has been adopted and remains subject to review by the legislature. See Idaho Code 67-5201 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Provision of law: means all or a part of the state or federal constitution, or of any state or federal:
Idaho Code 67-5201Public buildings: means all county courthouses, and all city halls and buildings used primarily as governmental offices of the state or any county or city. See Idaho Code 67-6902 Public defender: Represent defendants who can't afford an attorney in criminal matters. Public education entity: means community colleges, public school districts, public charter schools and the Idaho digital learning academy. See Idaho Code 67-5302 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 office: means any local, legislative, judicial, or state office or position that is filled by election but does not include the office of precinct committeeman. See Idaho Code 67-6602 Public vessel: means a vessel owned or bareboat chartered and operated by the United States, by a state or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce. See Idaho Code 67-7503 Publish: means to bring before the public by publication in the bulletin or administrative code, by electronic means or as otherwise specifically provided by law. See Idaho Code 67-5201 Quorum: The number of legislators that must be present to do business. Readily achievable: means easily accomplishable and able to be carried out without much difficulty or expense. See Idaho Code 67-5902 Real estate broker or salesman: means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these;
Idaho Code 67-5902Real estate transaction: includes the sale, exchange, rental or lease of real property;
Idaho Code 67-5902Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Real property: includes buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal or any interest therein;
Idaho Code 67-5902Reasonable accommodation: means an adjustment which does not (a) unduly disrupt or interfere with the employer’s normal operations, (b) threaten the health or safety of the person with the disability or others, (c) contradict a business necessity of the employer, or (d) impose undue hardship on the employer based on the size of the employer’s business, the type of business, the financial resources, and the estimated cost and extent of the adjustment;
Idaho Code 67-5902Redemption value: means the sum total of all winnings upon the ticket presented for payment. See Idaho Code 67-7404 Register: means a list of names of persons who have been determined to be eligible for employment in a classified position as determined on the basis of examination and merit factors as established by the administrator. See Idaho Code 67-5302 Registered mail: includes certified mail. See Idaho Code 73-114 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. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. retailer: means a person with whom the lottery has contracted for the purpose of selling tickets or shares in lottery games to the public. See Idaho Code 67-7404 Retainable offense: means :
Idaho Code 67-3001Right 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 Rule: means all or a part of an agency statement of general applicability that has been promulgated in compliance with the provisions of this chapter and that implements, interprets, enforces, or prescribes:
Idaho Code 67-5201Rule chapter: means the numeric designation of a grouping of related agency rules by the coordinator. See Idaho Code 67-5201 Rulemaking: means the process for formulation and adoption of a rule. See Idaho Code 67-5201 seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111 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. Sewage: means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes. See Idaho Code 67-7503 Share: means any intangible evidence of participation in a game conducted by the state lottery. See Idaho Code 67-7404 Standard: means a manual, guideline, criterion, specification, requirement, measurement or other authoritative principle providing a model or pattern in comparison with which the correctness or appropriateness of specified actions, practices or procedures may be determined. See Idaho Code 67-5201 State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114 State: means the state of Idaho. See Idaho Code 67-6402 State: means any state, district, commonwealth, territory, insular possession, or any other area subject to the legislative authority of the United States. See Idaho Code 14-501 State body: means any department, board, commission, or agency of the state of Idaho. See Idaho Code 67-6402 State educational agency: means the following state agencies and educational institutions under the governance of the Idaho state board of education:
Idaho Code 67-5302state lottery: means the state lottery established and operated pursuant to this chapter. See Idaho Code 67-7404 Statute: A law passed by a legislature. Subject of record: means the person who is or may be the primary subject of a record of criminal justice information or any representative of the person designated by power of attorney or notarized authorization. See Idaho Code 67-3001 Submitted for review: means that a rule has been provided to the legislature for review at a regular or special legislative session as provided in section 67-5291, Idaho Code. See Idaho Code 67-5201 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Temporary appointment: means appointment to a position that is not permanent in nature and in which employment will not exceed one thousand three hundred eighty-five (1,385) hours during any twelve (12) month period. See Idaho Code 67-5302 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. Temporary rule: means a rule authorized by the governor to become effective before it has been submitted to the legislature for review. See Idaho Code 67-5201 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Ticket: means any tangible evidence issued by the lottery to provide participation in a game conducted by the state lottery. See Idaho Code 67-7404 Title lender: means a regulated lender authorized pursuant to this part to make title loans. See Idaho Code 28-46-502 Title loan: means a loan for a consumer purpose that is secured by a nonpurchase money security interest in titled personal property and that is scheduled to be repaid in either a single installment or in multiple installments that are not fully amortized. See Idaho Code 28-46-502 Title loan agreement: means a written agreement whereby a title lender agrees to make a title loan to a debtor, and the debtor agrees to give the title lender a security interest in unencumbered titled personal property owned by the debtor. See Idaho Code 28-46-502 Titled personal property: means any motor vehicle, the ownership of which is evidenced and delineated by a state issued certificate of title, but does not include a motor home, mobile home or manufactured home. See Idaho Code 28-46-502 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. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. 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 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Utility: means a person who owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas. See Idaho Code 14-501 Vacation leave: means a period of exemption from work during which employees shall be compensated. See Idaho Code 67-5302 Value: means any ticket shall be taken at face value. See Idaho Code 67-7404 vendor: means any person who submits a bid, proposal or offer as part of a major procurement for goods or services as defined in subsection (11) of this section. See Idaho Code 67-7404 Venue: The geographical location in which a case is tried. Vessel: shall include every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the waters of the state of Idaho. See Idaho Code 67-7503 Veteran: is a s defined in section 65-203, Idaho Code. See Idaho Code 67-5302 visible: means visible on a dark night with a clear atmosphere. See Idaho Code 67-7015 Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114 Writ: A formal written command, issued from the court, requiring the performance of a specific act.