Chapter 1 Definitions
Chapter 2 Application
Chapter 2.5 Opportunity to Correct
Chapter 3 Adjudicative Proceedings
Chapter 3.5 Mediation
Chapter 4 Special Proceedings; Emergency and Other Temporary Orders
Chapter 5 Judicial Review
Chapter 6 Civil Enforcement
Chapter 7 Environmental Adjudication

Terms Used In Indiana Code > Title 4 > Article 21.5 - Administrative Orders and Procedures

  • above ground swimming pool: means any swimming pool whose sides rest fully above the surrounding earth. See Indiana Code 22-12-10-2
  • active duty: means full-time service in the:

    Indiana Code 22-9-9-1

  • Active workings: means all places in a mine that are ventilated and inspected regularly. See Indiana Code 22-10-3-1
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • advanced structural components: means lightweight I-joists or lightweight roof trusses that:

    Indiana Code 22-11-21-2

  • 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.
  • Affirmative action: means those acts that the commission determines necessary to assure compliance with the Indiana civil rights law. See Indiana Code 22-9-1-3
  • 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: has the meaning set forth in Ind. See Indiana Code 2-5-53-1
  • agent: means a person authorized by the department of state revenue to purchase and affix stamps (as defined by IC 6-7-1-9) on packages of cigarettes. See Indiana Code 22-14-7-1
  • 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.
  • ammonia solution: means any ammonia solution that contains at least ten percent (10%) by weight of free ammonia or having a vapor pressure of one (1) PSIG or above at one hundred four (104) degrees Fahrenheit. See Indiana Code 22-11-20-1
  • animal facility: means any of the following:

    Indiana Code 22-11-22-2

  • 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.
  • 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.
  • applicant: means a person who applies for a design release under IC 22-15-3. See Indiana Code 22-15-3.2-1
  • applicant: means a person who submits an application for a local plan review. See Indiana Code 22-15-3.3-1
  • application: means an application for a design release and any supporting plans and specifications. See Indiana Code 22-15-3.2-2
  • application: means an application for a local plan review and any supporting plans and specifications. See Indiana Code 22-15-3.3-2
  • 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
  • appurtenances: includes pumps, compressors, safety relief devices, liquid level gauging devices, valves, and pressure gauges. See Indiana Code 22-11-20-2
  • armed forces of the United States: means the active or reserve components of the:

    Indiana Code 22-9-9-2

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • ASTM: refers to the American Society for Testing and Materials. See Indiana Code 22-11-21-3
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Autism: means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See Indiana Code 1-1-4-5
  • 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.
  • 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.
  • Belt examiner: means an individual designated by the mine foreman to perform the functions as required by 30 C. See Indiana Code 22-10-3-1
  • Board: refers to the mining board established under Indiana Code 22-10-3-1
  • Board: means the board of safety review created by this chapter. See Indiana Code 22-8-1.1-1
  • Bodily injury: has the meaning set forth in Indiana Code 22-11-18-1
  • brand family: has the meaning set forth in Indiana Code 22-14-7-2
  • building code: includes the standards relating to a building code. See Indiana Code 22-12-2.5-1
  • business entity: means a person or group of persons that perform or engage in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. See Indiana Code 22-5-1.7-1
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • chemical test: has the meaning set forth in IC 9-13-2-22. See Indiana Code 22-10-15-1
  • cigarette: has the meaning set forth in IC 6-7-1-2. See Indiana Code 22-14-7-3
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • collective bargaining: means collective bargaining of or similar to the kind provided for by 29 U. See Indiana Code 22-6-2-2
  • commence day labor employment: means the physical act of beginning any employment in which no employment agreement has been executed specifying that the term of the employment is to be more than three (3) working days. See Indiana Code 22-5-6-1
  • commerce: has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U. See Indiana Code 22-9-5-2
  • Commercial mine: means any underground mine from which coal is produced for sale, exchange, or commercial use. See Indiana Code 22-10-3-1
  • commercial overnight boarding facility: means a business that houses dogs or cats overnight for a fee that is operating without a private residential dwelling on the premises. See Indiana Code 22-11-22-3
  • Commission: refers to the Indiana fire prevention and building safety commission. See Indiana Code 22-11-17-1
  • Commission: means the occupational safety standards commission created by this chapter. See Indiana Code 22-8-1.1-1
  • Commission: means the civil rights commission created under section 4 of this chapter. See Indiana Code 22-9-1-3
  • commission: refers to the civil rights commission. See Indiana Code 22-9-5-3
  • commission: means the civil rights commission created by IC 22-9-1-4. See Indiana Code 22-9-10-1
  • Commissioner: means the commissioner of labor or the commissioner's duly designated representative. See Indiana Code 22-8-1.1-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • competitive integrated employment: has the meaning set forth in 34 C. See Indiana Code 22-9-11-1
  • Complainant: means :

    Indiana Code 22-9-1-3

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means any written grievance that is:

    Indiana Code 22-9-1-3

  • Consent agreement: means a formal agreement entered into in lieu of adjudication. See Indiana Code 22-9-1-3
  • construction activity: refers to any physical improvements to real property undertaken for the purpose of constructing a Class 1 structure that is subject to a local plan review. See Indiana Code 22-15-3.3-3
  • container: includes vessels, tanks, cylinders, or spheres. See Indiana Code 22-11-20-3
  • Contract: A legal written agreement that becomes binding when signed.
  • contractor: means any person, except a licensed architect or registered professional engineer, who in any capacity other than as the employee of another for wages as the sole compensation, undertakes to construct, alter, repair, move, wreck, or demolish any structure. See Indiana Code 22-11-3.1-1
  • contractor: means a person that satisfies either of the following:

    Indiana Code 22-5-1.7-2

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • court of the state of Indiana: means any court of the state of Indiana whose jurisdiction is conferred or defined or limited by statute. See Indiana Code 22-6-1-12
  • covered entity: means an employer, an employment agency, a labor organization, or a joint labor-management committee. See Indiana Code 22-9-5-4
  • Cylindrical fountain: means a cylindrical tube not exceeding three-quarters (3/4) inch in inside diameter and containing up to seventy-five (75) grams of pyrotechnic composition. See Indiana Code 22-11-14-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of labor. See Indiana Code 22-8-1.1-1
  • department: means the Indiana department of veterans' affairs established by IC 10-17-1-2. See Indiana Code 22-9-10-4
  • Dependent: A person dependent for support upon another.
  • Deputy director: means the deputy director of the civil rights commission. See Indiana Code 22-9-1-3
  • design professional: means :

    Indiana Code 22-15-3.2-3

  • device: includes any acoustic, optical, mechanical, electronic, medical, or molecular device. See Indiana Code 22-5-8-1
  • direct threat: means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. See Indiana Code 22-9-5-5
  • Director: means the director of the bureau of mines and mine safety established under IC 22-1-1-4. See Indiana Code 22-10-3-1
  • Director: means the director of the civil rights commission. See Indiana Code 22-9-1-3
  • director: refers to the director of the office of environmental adjudication established by section 3 of this chapter. See Indiana Code 4-21.5-7-1
  • disability: means the physical or mental condition of a person that constitutes a substantial disability. See Indiana Code 22-9-1-3
  • disability: means with respect to an individual:

    Indiana Code 22-9-5-6

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • discriminate: includes the following:

    Indiana Code 22-9-5-7

  • Discriminatory practice: means :

    Indiana Code 22-9-1-3

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributor: means a person who sells fireworks to wholesalers and retailers for resale. See Indiana Code 22-11-14-1
  • Docket: A log containing brief entries of court proceedings.
  • drug: means a controlled substance (as defined in schedules I through V of Section 202 of the Controlled Substances Act 21 U. See Indiana Code 22-9-5-8
  • Dwelling: means a residence with at least one (1) dwelling unit as set forth in IC 22-12-1-4(a)(1)(B) and IC 22-12-1-5(a)(1). See Indiana Code 22-11-18-1
  • dwelling: means :

    Indiana Code 22-9-7-2

  • E-Verify program: means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P. See Indiana Code 22-5-1.7-3
  • emotional support animal: means a companion animal that a health service provider has determined provides a benefit for an individual with a disability, which may include improving at least one (1) symptom of the disability. See Indiana Code 22-9-7-6
  • employ: means to suffer or permit to work. See Indiana Code 22-9-10-5
  • employee: has the meaning set forth in IC 22-9-1-3(i). See Indiana Code 22-9-10-6
  • employee: means an individual who works for an employer on a full-time or part-time basis, either paid or unpaid. See Indiana Code 22-5-4.6-2
  • Employee: means a person permitted to work by an employer in employment. See Indiana Code 22-8-1.1-1
  • Employee: means any person employed by another for wages or salary. See Indiana Code 22-9-1-3
  • employee: means an individual employed by an employer. See Indiana Code 22-9-5-9
  • employer: has the meaning set forth in IC 22-9-1-3(h). See Indiana Code 22-9-10-7
  • employer: means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. See Indiana Code 22-5-4.6-3
  • employer: means the state or any individual, partnership, association, limited liability company, corporation, business trust, or other governmental entity or political subdivision that has one (1) or more employees. See Indiana Code 22-5-8-1.5
  • employer: means :

    Indiana Code 22-6-6-4

  • Employer: means any individual or type of organization, including the state and all its political subdivisions, that has in its employ one (1) or more individuals. See Indiana Code 22-8-1.1-1
  • Employer: means the state or any political or civil subdivision thereof and any person employing six (6) or more persons within the state, except that the term "employer" does not include:

    Indiana Code 22-9-1-3

  • employer: means a person engaged in an industry affecting commerce that has at least twenty-five (25) employees for each working day in each of at least twenty (20) calendar weeks in the current or preceding year and an agent of the person. See Indiana Code 22-9-5-10
  • Employment agency: means any person undertaking with or without compensation to procure, recruit, refer, or place employees. See Indiana Code 22-9-1-3
  • employment agency: has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U. See Indiana Code 22-9-5-11
  • equipment law: has the meaning set forth in IC 22-12-1-11. See Indiana Code 22-11-20-4
  • 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
  • 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.
  • Exit: means a continuous and unobstructed means of egress to a public way designated as an exit pursuant to the rules of the commission. See Indiana Code 22-11-17-1
  • Explosive composition: means a chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited. See Indiana Code 22-11-14-1
  • Fiduciary: A trustee, executor, or administrator.
  • fire alarm system: means a system that automatically sends notice of an alarm to a local fire or police department when the alarm is activated. See Indiana Code 22-11-22-4
  • fire department: has the meaning set forth in IC 22-12-1-12. See Indiana Code 22-11-21-6
  • Firework: means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. See Indiana Code 22-11-14-1
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • health service provider: refers to :

    Indiana Code 22-9-7-4

  • 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.
  • heating oil tank: means an above ground or underground tank used to store heating oil for use as a fuel in heating a residential property. See Indiana Code 22-12-9-1
  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • Hoisting engineer: means an individual who is capable of transporting people and material in and out of a mine by means of a hoist. See Indiana Code 22-10-3-1
  • Hotels and motels: means buildings or structures kept, maintained, used, advertised, or held out to the public as inns or places where sleeping accommodations are furnished for hire for transient guests. See Indiana Code 22-11-18-1
  • housing accommodations: means :

    Indiana Code 22-9-6-2

  • illegal use of drugs: has the meaning set forth in IC 22-9-5-12. See Indiana Code 22-10-15-2
  • illegal use of drugs: means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act. See Indiana Code 22-9-5-6
  • immunization: means the treatment of an individual with a vaccine to produce immunity. See Indiana Code 22-5-4.6-4
  • Importer: means :

    Indiana Code 22-11-14-1

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • individual with a disability: means an individual:

    Indiana Code 22-9-7-5

  • individuals with disabilities: has the meaning set forth in 34 C. See Indiana Code 22-9-11-2
  • indoor pyrotechnics: means controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum effect from the least volume (as provided in National Fire Protection Association Standard 1126 (2001 edition)). See Indiana Code 22-11-14.5-1
  • Indoor pyrotechnics special effects material: means a chemical material that is clearly labeled by the manufacturer as suitable for indoor use (as provided in National Fire Protection Association Standard 1126 (2001 edition)). See Indiana Code 22-11-14-1
  • industry affecting commerce: has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U. See Indiana Code 22-9-5-13
  • informed choice: means the process by which an individual chooses from all available options following the receipt of appropriate information, experience, and knowledge that may be obtained through the following activities:

    Indiana Code 22-9-11-3

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • INSafe: means the division of the department created by section 40 of this chapter. See Indiana Code 22-8-1.1-1
  • inspection: means :

    Indiana Code 4-21.5-2.5-4

  • interested person: refers to a person that has a dispute with a county or a municipality regarding the interpretation of a building law or a fire safety law. See Indiana Code 22-13-5-1
  • Interested persons: means the director, safety personnel designated by the operator, state and federal coal mine inspectors, and, to the extent required by law, any other person. See Indiana Code 22-10-3-1
  • 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.
  • Interstate wholesaler: means a person who is engaged in interstate commerce selling fireworks. See Indiana Code 22-11-14-1
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • 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.
  • labor dispute: includes any controversy concerning terms or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee. See Indiana Code 22-6-1-12
  • labor organization: means :

    Indiana Code 22-6-6-5

  • Labor organization: means any organization that exists for the purpose in whole or in part of collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment or for other mutual aid or protection in relation to employment. See Indiana Code 22-9-1-3
  • labor organization: has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U. See Indiana Code 22-9-5-14
  • Landlord: has the meaning set forth in IC 32-31-3-3. See Indiana Code 22-11-18-1
  • law: includes the following:

    Indiana Code 22-11-20-5

  • law enforcement officer: has the meaning set forth in IC 5-2-1-2. See Indiana Code 22-5-6-2
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquefied petroleum gas: means any material composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal butane and isobutane), and butylenes. See Indiana Code 22-11-15-2
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • local union: shall mean any branch or chapter of a national labor organization, the jurisdiction of which is limited to a particular geographical area. See Indiana Code 22-7-1-1
  • Manufacturer: means a person engaged in the manufacture of fireworks. See Indiana Code 22-11-14-1
  • manufacturer: means :

    Indiana Code 22-14-7-4

  • medical record: means written or printed information possessed by a provider (as defined in Ind. See Indiana Code 1-1-4-5
  • Mine: means an underground commercial coal mine. See Indiana Code 22-10-3-1
  • Mine electrician: means a properly certified individual who can perform electrical work in:

    Indiana Code 22-10-3-1

  • Mine examiner: means a properly certified person designated by the mine foreman to examine the mine for gas and other dangers. See Indiana Code 22-10-3-1
  • Mine foreman: means the person charged with the responsibility of the general supervision of the underground working of a mine and the persons employed in the mine and for the health and safety of those employees. See Indiana Code 22-10-3-1
  • Mine inspector: means the person appointed to assist in administering this article. See Indiana Code 22-10-3-1
  • Mine Safety Administration: refers to the Mine Safety and Health Administration, United States Department of Labor. See Indiana Code 22-10-3-1
  • Mining laws: means :

    Indiana Code 22-10-3-1

  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: has the meaning set forth in IC 36-1-2-11. See Indiana Code 22-11-14-1
  • National Guard: means the:

    Indiana Code 22-9-9-3

  • Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • office: refers to the office of environmental adjudication established by section 3 of this chapter. See Indiana Code 4-21.5-7-2
  • Operator: means an individual, firm, association, partnership, limited liability company, or corporation operating an underground coal mine or any part of a mine. See Indiana Code 22-10-3-1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means :

    Indiana Code 22-11-15-2

  • owner: means a person having control or custody of any building covered by this chapter. See Indiana Code 22-11-16-1
  • Owner: means a person having control or custody of any building covered by this chapter. See Indiana Code 22-11-17-1
  • Owner: means a person having control or custody of any building covered by this chapter. See Indiana Code 22-11-18-1
  • 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 popper: means a small plastic or paper item containing not more than sixteen (16) milligrams of explosive composition that is friction sensitive. See Indiana Code 22-11-14-1
  • permittee: includes a successor in interest to an applicant or permittee, a renamed applicant or permittee, a trustee in bankruptcy of an applicant or a permittee, a reorganized form of an applicant or permittee following merger, acquisition, or any other successor entity. See Indiana Code 22-15-7-0.5
  • Person: means an individual, an association, an organization, a limited liability company, or a corporation. See Indiana Code 22-11-14-1
  • Person: includes any individual, firm, limited liability company, or corporation and their affiliates. See Indiana Code 22-11-15-2
  • Person: means an individual, corporation, partnership, association, or other legal entity. See Indiana Code 22-11-18-1
  • person: means an individual, a corporation, a limited liability company, a partnership, or another legal entity. See Indiana Code 22-5-1.7-4
  • person: means :

    Indiana Code 22-6-6-6

  • Person: means one (1) or more individuals, partnerships, associations, organizations, limited liability companies, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. See Indiana Code 22-9-1-3
  • person: has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U. See Indiana Code 22-9-5-15
  • person with a disability: means an individual who, by reason of physical or mental defect or infirmity, whether congenital or acquired by accident, injury, or disease, is or may subsequently be totally or partially prevented from achieving the fullest attainable physical, social, economic, mental, and vocational participation in the normal process of living. See Indiana Code 22-9-6-1
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Personal property: All property that is not real property.
  • Persons with disabilities: includes persons who are blind, persons who have a visual disability, and other persons with a physical disability. See Indiana Code 22-9-6-1
  • pet store: means a retailer that sells dogs or cats. See Indiana Code 22-11-22-5
  • Plaintiff: 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 subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 22-5-1.7-5
  • pool retailer: means a person who sells an above ground swimming pool for installation on property that:

    Indiana Code 22-12-10-3

  • Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
  • 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.
  • 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.
  • Probable 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 personal and real property. See Indiana Code 1-1-4-5
  • protective order: has the meaning set forth in Indiana Code 22-5-7-1
  • public agency: has the meaning set forth in IC 5-30-1-11. See Indiana Code 22-5-1.7-6.2
  • Public building: means any structure used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public, or by three (3) or more tenants. See Indiana Code 22-11-17-1
  • public contract for services: means any type of written agreement between a state agency or political subdivision and a contractor for the procurement of services. See Indiana Code 22-5-1.7-6
  • public utility employer: means an employer engaged in the business of rendering electric, gas, water, telephone, or transportation services to the public in this state. See Indiana Code 22-6-2-2
  • public works project: has the meaning set forth in IC 5-16-13-6. See Indiana Code 22-5-1.7-6.4
  • Pyrotechnic composition: means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. See Indiana Code 22-11-14-1
  • qualified individual with a disability: means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. See Indiana Code 22-9-5-16
  • qualifying property: means any property subject to this chapter. See Indiana Code 22-11-21-7
  • quality control and quality assurance program: means the laboratory procedures implemented to ensure that:

    Indiana Code 22-14-7-5

  • Quorum: The number of legislators that must be present to do business.
  • reasonable accommodation: includes the following:

    Indiana Code 22-9-5-17

  • 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
  • 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.
  • Rental unit: has the meaning set forth in IC 32-31-3-8. See Indiana Code 22-11-18-1
  • repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time. See Indiana Code 22-14-7-6
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Responding fire department: means the paid fire department or volunteer fire department that renders fire protection services to a political subdivision. See Indiana Code 22-11-14-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • retail dealer: means a person, other than a manufacturer or wholesale dealer, that sells cigarettes. See Indiana Code 22-14-7-7
  • Retail sales stand: means a temporary business site or location where goods are to be sold. See Indiana Code 22-11-14-1
  • Retailer: means a person who purchases fireworks for resale to consumers, including a retail merchant that meets one (1) or both of the economic thresholds under Indiana Code 22-11-14-1
  • Safety order: refers to a notice issued to employers by the commissioner of labor for alleged violations of this chapter, including any health and safety standards. See Indiana Code 22-8-1.1-1
  • sale: means any of the following:

    Indiana Code 22-14-7-8

  • SAMHSA: means the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration. See Indiana Code 22-10-15-3
  • self-employment: means a business, profession, or trade owned by an individual and through which the individual earns income directly through the individual's own efforts and not as an employee of a business, profession, or trade owned by another person. See Indiana Code 22-9-11-4
  • sell: means to:

    Indiana Code 22-14-7-9

  • service animal: refers to an animal trained as:

    Indiana Code 22-9-5-9.5

  • Service of process: The service of writs or summonses to the appropriate party.
  • session: has the meaning set forth in Ind. See Indiana Code 2-6-1.5-0.7
  • 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.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Shot-firer: means a properly certified person designated by the mine foreman to perform the functions as required in this article in connection with breaking down coal or rock. See Indiana Code 22-10-3-1
  • Single level dwellings: means all single level (no more than one (1) level above ground) hotels and motels that have no interior corridors, and whose individual rooms have exterior exits. See Indiana Code 22-11-18-1
  • Sky rocket: means a device that:

    Indiana Code 22-11-14-1

  • Smoke detector: means a device which senses visible or invisible particles of combustion and conforms to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association. See Indiana Code 22-11-18-1
  • Special discharge location: means a location designated for the discharge of consumer fireworks by individuals in accordance with rules adopted under section 3. See Indiana Code 22-11-14-1
  • Special egress control device: means an electronically controlled exit locking system that:

    Indiana Code 22-11-17-1

  • Special fireworks: means fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, including firecrackers containing more than one hundred thirty (130) milligrams of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as consumer fireworks. See Indiana Code 22-11-14-1
  • Standard: refers to both health and safety standards. See Indiana Code 22-8-1.1-1
  • state: includes :

    Indiana Code 22-6-6-7

  • state agency: has the meaning set forth in IC 4-13-1-1. See Indiana Code 22-5-1.7-7
  • Statute: A law passed by a legislature.
  • structure: means a Class 1 or Class 2 structure. See Indiana Code 22-11-21-8
  • subcontractor: means a person that:

    Indiana Code 22-5-1.7-8

  • Subpoena: A command to a witness to appear and give testimony.
  • Sufficiently complete: refers to a complaint that includes:

    Indiana Code 22-9-1-3

  • Summons: Another word for subpoena used by the criminal justice system.
  • swimming pool: has the meaning set forth in 675 IAC 20-1. See Indiana Code 22-12-10-4
  • task force: refers to the government reform task force established by section 5 of this chapter. See Indiana Code 2-5-53-4
  • 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.
  • Tenant: has the meaning set forth in IC 32-31-3-10. See Indiana Code 22-11-18-1
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • to rent: has the meaning set forth in Indiana Code 22-9-7-7
  • 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.
  • transition services: has the meaning set forth in 20 U. See Indiana Code 22-9-11-6
  • 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.
  • unauthorized alien: has the meaning set forth in 8 U. See Indiana Code 22-5-1.7-9
  • undue hardship: means an action requiring significant difficulty or expense when considered in light of the factors set forth in subsection (b). See Indiana Code 22-9-5-18
  • unit: means a county, city, or town. See Indiana Code 22-15-3.3-4
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • UPC bar code: means the universal product code or another product identification code that includes:

    Indiana Code 22-14-7-10

  • utility scale battery energy storage system: means an energy storage system (as defined in NFPA 855) that is capable of storing and releasing more than one (1) megawatt of electrical energy for a minimum of one (1) hour using an AC inverter and DC storage. See Indiana Code 22-14-8-3
  • Venue: The geographical location in which a case is tried.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
  • veteran: means :

    Indiana Code 22-9-10-8

  • Veteran: means :

    Indiana Code 22-9-1-3

  • violation: refers to a violation of a state rule adopted by an agency or a state statute, except for a violation exempt under section 2 of this chapter. See Indiana Code 4-21.5-2.5-5
  • Voluntary protection program: means a program offered by the United States Occupational Safety and Health Administration to employers subject to this chapter that exempts the employers from general scheduled inspections. See Indiana Code 22-8-1.1-1
  • wholesale dealer: means any of the following:

    Indiana Code 22-14-7-11

  • Wholesaler: means a person who purchases fireworks for resale to retailers. See Indiana Code 22-11-14-1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5