Terms Used In Iowa Code > Chapter 323 - Motor Fuel and Special Fuel

• Administrator: means the department's administrator for rail and water, or the administrator's designee. See Iowa Code 327F.39
• 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.
• 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.
• Blender pump: means a motor fuel blender pump as defined in section 214. See Iowa Code 323.1
• Child: includes child by adoption. See Iowa Code 4.1
• 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.
• Consumer: means the purchaser or lessee, other than for purposes of lease or resale, of a new or previously untitled motor vehicle, or any other person entitled by the terms of the warranty to enforce the obligations of the warranty during the duration of the lemon law rights period. See Iowa Code 322G.2
• Contract: A legal written agreement that becomes binding when signed.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Days: means calendar days. See Iowa Code 322G.2
• Dealer: means a person, other than an employee of a distributor or franchiser, who operates, maintains or conducts a place of business from which motor fuel or special fuel is sold or offered for sale at retail to the ultimate consumer, and who holds a license, issued as provided in chapter 214, for each pump and meter operated upon the retail premises. See Iowa Code 323.1
• Dealer franchise: means an agreement or contract, either written or oral, between a franchiser and a dealer or between a distributor and a dealer when all of the following conditions are included:
   a. See Iowa Code 323.1
• Department: means the department of inspections and appeals. See Iowa Code 323.1
• Dispenser: includes but is not limited to a motor fuel pump or blender pump. See Iowa Code 323.1
• Distributor: means distributor as defined in section 452A. See Iowa Code 323.1
• Distributor franchise: means a written agreement or contract, either written or oral, between a franchiser and a distributor when all of the following conditions are included:
   a. See Iowa Code 323.1
• 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.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Franchiser: means a person who is engaged in the importation, refining or distribution of motor fuel or special fuel and who has entered into a distributor franchise or a dealer franchise. See Iowa Code 323.1
• 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}
• Motor fuel: means motor fuel as defined in chapter 452A. See Iowa Code 323.1
• Motor fuel pump: means the same as defined in section 214. See Iowa Code 323.1
• Operate: means to ride in or on, other than as a passenger, use, or control the operation of an all-terrain vehicle in any manner, whether or not the all-terrain vehicle is moving. See Iowa Code 321I.1
• Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
• Refiner: means a person engaged in the refining of crude oil to produce motor fuel or special fuel, and includes any affiliate of such person. See Iowa Code 323.1
• Renewable fuel: means the same as defined in section 214A. See Iowa Code 323.1
• Retail premises: means real estate either owned or leased by the dealer and used primarily for the sale at retail to the ultimate consumer of motor fuel or special fuel. See Iowa Code 323.1
• Retaliatory action: means action contrary to the purpose or intent of this chapter and may include a refusal to continue to sell or lease, a reduction in the quality or quantity of services or products customarily available for sale or lease, a violation of privacy, or an inducement of others to retaliate. See Iowa Code 323.1
• Selling: includes bartering, exchanging, or otherwise dealing in. See Iowa Code 321H.2
• Special fuel: means special fuel as defined in chapter 452A. See Iowa Code 323.1
• 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 said district and territories. See Iowa Code 4.1
• Storage tank: means a motor fuel storage tank as defined in section 214. See Iowa Code 323.1
• Supplier: means the same as defined in section 452A. See Iowa Code 323.1