Louisiana Revised Statutes > Title 33 > Chapter 2

		Sections
Part I	Mayor and Board of Aldermen	33:321 – 33:463
Part I-A	Special Legislative Charter Municipalities	33:481
Part IV	Amendment of Charter	33:1181 – 33:1181.1
Part V	Police Jury	33:1221 – 33:1247.13
Part V-A	Allen Parish Ambulance Service Districts	33:1261 – 33:1261.7
Part VII	Intergovernmental Functions	33:1321 – 33:1360
Part VIII	Ordinances and Laws	33:1361 – 33:1377
Part IX	Adoption of Home Rule Charters	33:1395 – 33:1392
Part X	Emergency Interim Local Executive Succession	33:1401 – 33:1408
Part XI	Reapportionment of Parochial Government	33:1411
Part XII	Abolition and Control of Entities	33:1415
Part XIII	Alternative Fuel Vehicles	33:1418 – 33:1419.6
Part XIV	Municipalities – Miscellaneous Provisions	33:1420.1 – 33:1420.2
Part XV	Jefferson Parish Special Districts	33:1420.11 – 33:1420.19
Part XVI	Special Districts-Miscellaneous Provisions	33:1420.21

Terms Used In Louisiana Revised Statutes > Title 33 > Chapter 2 - Local Government

Accumulated contributions: means the sum of all regular contributions, plus regular interest thereon, placed to the credit of the participant in the annuity savings account. See Louisiana Revised Statutes 11:951.1
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed upon the basis of such interest and mortality assumptions as are adopted by the board or provided in law. See Louisiana Revised Statutes 11:3682
Actuarial equivalent: means a benefit of equal value when computed upon the basis of the mortality tables adopted by the board of trustees plus regular interest. See Louisiana Revised Statutes 11:951.1
Addiction counselor: means any person who is licensed, certified, or registered in accordance with the provisions of this Chapter and procedures established by the board and who, by means of his special knowledge acquired through formal education or practical experience, is qualified to provide addiction counseling services to those individuals afflicted with or suffering from an addictive disorder or certain co-occurring disorders. See Louisiana Revised Statutes 37:3386.1
Addictive disorder: means the repeated pathological use of substances including but not limited to alcohol, drugs, or tobacco, or repeated pathological compulsive behaviors including but not limited to gambling, which cause physical, psychological, emotional, economic, legal, social, or other harms to the individual afflicted with the addiction or to others affected by the individual's affliction. See Louisiana Revised Statutes 37:3386.1
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Administrative costs: means costs incurred by the Department of Natural Resources in the administration of the program, including but not limited to:
NOTE: Paragraph (1)(intro. See Louisiana Revised Statutes 33:1419.2
Advertisement: includes all representations of fact or opinion disseminated to the public in any manner or by any means. See Louisiana Revised Statutes 40:700
advertising: means to publish, display, or disseminate promotional information and includes but is not limited to the issuance of any card, sign, or direct mail, or in any newspaper, magazine, publication, or any announcement or display via any televised, computerized, electronic, or telephone networks, magnetic signs, or media. See Louisiana Revised Statutes 37:3552
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.
Affiliate: as used in this Chapter , means a specific person who is directly or indirectly, through one or more intermediaries, controlled by, or controls, or is under common control with the person specified. See Louisiana Revised Statutes 9:3516
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
All-terrain vehicle: shall mean any vehicle manufactured for off-road use and issued a manufacturer's statement or certificate of origin, as required by the commission, that cannot be issued a registration certificate and license to operate on the public roads of this state because, at the time of manufacture, the vehicle does not meet the safety requirements prescribed by La. See Louisiana Revised Statutes 32:1252
Allegation: something that someone says happened.
Alternative fuel: means a fuel which results in emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, or particulates, or any combination of these which are comparably lower than emissions from gasoline or diesel and which meets or exceeds federal clean air standards, including but not limited to compressed natural gas, liquefied natural gas, liquefied petroleum gas, biofuel, biodiesel, methanol, ethanol, and electricity. See Louisiana Revised Statutes 33:1419.2
Alternative Fuel Vehicle Revolving Loan Fund: means the revolving loan fund provided for pursuant to this Subpart. See Louisiana Revised Statutes 33:1419.2
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.
Amount financed: means the amount borrowed under a consumer loan, revolving loan or lender credit card account, plus any other charges, fees, and closing costs authorized by law, that are financed by the creditor under the transaction, or included in or added to the balance of the consumer's indebtedness subject to loan finance charges. See Louisiana Revised Statutes 9:3516
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.
Annuity: means annual payments for life, payable in equal monthly installments, derived from the accumulated contributions placed to the credit of the participant in the annuity reserve account. See Louisiana Revised Statutes 11:951.1
Annuity reserve: means the present value of all payments to be made on account of an annuity or benefit in lieu of any annuity computed upon the basis of such mortality tables accepted by the board of trustees, plus regular interest. See Louisiana Revised Statutes 11:951.1
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant: means a person who has submitted an application to the division seeking a license or permit, or the renewal thereof. See Louisiana Revised Statutes 27:44
Applicant: means a person who applies for licensure as a legend drug or legend device distributor. See Louisiana Revised Statutes 37:3462
Applicant: means a person who seeks to be examined for licensure or certification by the board. See Louisiana Revised Statutes 37:3503
Application: means the forms and schedules prescribed by the division upon which an applicant seeks a license or permit or the renewal thereof. See Louisiana Revised Statutes 27:44
Appraisal: A determination of property value.
Appraisal: means the act or process of developing an opinion of value of real property following the appraisal process defined by the Uniform Standards for Professional Appraisal Practice. See Louisiana Revised Statutes 37:3415.2
Appraisal assignment: means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. See Louisiana Revised Statutes 37:3392
Appraisal management company: means , in connection with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any third party that annually oversees a network panel of more than fifteen licensed appraisers in the state or twenty-five or more licensed appraisers in two or more states and is authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling or by an underwriter of, or other principal in, the secondary mortgage markets to do both of the following:
(a) Recruit, select, contract with, or otherwise retain an appraiser for the purpose of performing an appraisal and to verify any work performed by the appraiser for compliance with applicable state and federal requirements. See Louisiana Revised Statutes 37:3415.2
Appraisal management services: means the process of receiving a request for the performance of real estate appraisal services from a client, and for a fee paid by the client, entering into an agreement with one or more independent appraisers to perform the real estate appraisal services contained in the request. See Louisiana Revised Statutes 37:3415.2
Appraisal report: means any communication, written or oral, of an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects, including energy efficiency, of, identified real estate. See Louisiana Revised Statutes 37:3392
Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment. See Louisiana Revised Statutes 37:3415.2
Appraiser panel: means a group of appraisers that has been selected by an appraisal management company to perform real estate appraisal services for the appraisal management company on behalf of lenders or other clients. See Louisiana Revised Statutes 37:3415.2
AQB: means the Appraiser Qualifications Board of TAF created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
area of responsibility: shall mean the licensee's area of principal sales and service responsibility as specified by the franchise in effect with any licensee of the commission. See Louisiana Revised Statutes 32:1252
Arrest: Taking physical custody of a person by lawful authority.
ASB: means the Appraisal Standards Board of TAF created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
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.
Attack: means any attack or series of attacks by an enemy of the United States causing or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes. See Louisiana Revised Statutes 33:1403
Average final compensation: means the average annual earned compensation of an employee for any period of thirty-six successive or joined months of service as an employee during which the said earned compensation was the highest. See Louisiana Revised Statutes 11:3682
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.
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}
Beneficiary: means any person designated to receive a pension, an annuity, a retirement allowance, or other benefit as provided by this Subpart. See Louisiana Revised Statutes 11:3682
Beneficiary: means any person in receipt of a pension, an annuity, a retirement allowance or other benefits provided for in this Part. See Louisiana Revised Statutes 11:951.1
Bequest: Property gifted by will.
Birthing center: means a healthcare facility, the primary purpose of which is the performance of low-risk deliveries, where births are planned to occur away from the mother's usual residence following a low-risk pregnancy. See Louisiana Revised Statutes 40:1086.1
Board: means the board of commissioners of the French Quarter Management District. See Louisiana Revised Statutes 25:798
Board: means the Louisiana State Board of Medical Examiners established in La. See Louisiana Revised Statutes 37:3353
Board: means the governing body of the Addictive Disorder Regulatory Authority. See Louisiana Revised Statutes 37:3386.1
Board: means the Louisiana Gaming Control Board, as established by La. See Louisiana Revised Statutes 27:402
Board: means the Louisiana Real Estate Appraisers Board established pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 37:3392
Board: means the Louisiana Real Estate Appraisers Board. See Louisiana Revised Statutes 37:3415.2
board: means the board provided for in La. See Louisiana Revised Statutes 11:3682
Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:3422
Board: means the Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of Examiners. See Louisiana Revised Statutes 37:3443
Board: means the Louisiana Board of Drug and Device Distributors. See Louisiana Revised Statutes 37:3462
Board: means the Louisiana State Board of Private Investigator Examiners within the Department of Public Safety and Corrections. See Louisiana Revised Statutes 37:3503
Board: means the Louisiana Board of Massage Therapy. See Louisiana Revised Statutes 37:3552
Board of trustees: means and includes the members of the board of trustees of the retirement system. See Louisiana Revised Statutes 11:951.1
Bread: means bread of every kind and description made wholly or partly from wheat flour, which conforms to the definition and standard of identity of bread as promulgated by the Federal Security Agency. See Louisiana Revised Statutes 40:781
Bureau: means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections. See Louisiana Revised Statutes 37:3462
Certified clinical supervisor: means any person holding the necessary credential of licensed, certified, or registered addiction counselor or any person who holds a specialty substance abuse credential in another professional discipline in a human services field at the master's level or higher; and who has satisfied the requirements established by the board to provide clinical supervision. See Louisiana Revised Statutes 37:3386.1
Certified general appraiser: means any person licensed by the board to appraise all types of real estate regardless of complexity or transaction value. See Louisiana Revised Statutes 37:3392
certified residential appraiser: includes but is not limited to the authority to appraise vacant or unimproved land utilized for the purposes of one to four family residential units or for which the highest and best use is for one to four family residential units; however, such authority shall not include the authority to appraise any subdivision for which a development analysis or development appraisal is necessary. See Louisiana Revised Statutes 37:3392
Chambers: A judge's office.
Child: means an unmarried individual under the age of eighteen. See Louisiana Revised Statutes 40:1079.12
City: means the city of New Orleans. See Louisiana Revised Statutes 25:798
Client: means the individual, couple, family, group, organization, or community that seeks or receives addiction counseling services from the addiction professional or an addiction facility until discharged. See Louisiana Revised Statutes 37:3386.1
Client: means any person or entity that contracts with or otherwise enters into an agreement for the performance of residential real estate appraisal services. See Louisiana Revised Statutes 37:3415.2
Clinical exercise physiologist: means a person who, under the direction, approval, and supervision of a licensed physician, formulates, develops, and implements exercise protocols and programs, administers graded exercise tests, and provides education regarding such exercise programs and tests in a cardio pulmonary rehabilitation program to individuals with deficiencies of the cardiovascular system, diabetes, lipid disorders, hypertension, cancer, chronic obstructive pulmonary disease, arthritis, renal disease, organ transplant, peripheral vascular disease, and obesity. See Louisiana Revised Statutes 37:3422
Clinical supervision: means the interpersonal tutorial relationship between a certified clinical supervisor and other licensed, certified, or registered addiction counseling professionals centered on the goals of skill development and professional growth through learning and practicing. See Louisiana Revised Statutes 37:3386.1
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Commission: means the Louisiana Motor Vehicle Commission created by this Chapter or its designee. See Louisiana Revised Statutes 32:1252
Commission: shall mean the Bi-State Corridor Commission. See Louisiana Revised Statutes 48:1701
Commission: shall mean the El Camino East-West Corridor Commission (U. See Louisiana Revised Statutes 48:1751
Commission: means the Louisiana Motor Vehicle Commission. See Louisiana Revised Statutes 32:1270.32
Commission: means the Louisiana Real Estate Commission. See Louisiana Revised Statutes 37:3392
Commissioner: means the commissioner of financial institutions. See Louisiana Revised Statutes 9:3516
Compensation: means a payment of money, objects, services, or anything else having monetary value. See Louisiana Revised Statutes 9:2718.1
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Compulsive gambling counselor: means any person holding a necessary credential as a licensed, certified, or registered addiction counselor, or a necessary credential as a qualified mental health professional, who is certified by the board, in accordance with the provisions of this Chapter, as possessing special knowledge acquired through formal education and clinical experience and thus is qualified to provide gambling addiction counseling to persons who have a gambling addiction disorder or who exhibit gambling addictive behaviors. See Louisiana Revised Statutes 37:3386.1
Consent form: means the Authorization for Release of Information Form authorized for use by HUD. See Louisiana Revised Statutes 40:561
Consumer: means a natural person who purchases goods, services, or movable or immovable property or rights therein, for a personal, family, or household purpose and includes a purchaser or buyer in a consumer credit sale or transaction made with the use of a seller credit card or otherwise, or a borrower or debtor in a consumer loan, revolving loan account, or a lender credit card. See Louisiana Revised Statutes 9:3516
Consumer: means :
(a) The purchaser, other than for purposes of a resale, of a new recreational vehicle normally used for personal, family, or household purposes and subject to a manufacturer's express warranty. See Louisiana Revised Statutes 32:1270.32
Consumer credit transaction: means a consumer loan or a consumer credit sale but does not include a motor vehicle credit transaction made pursuant to La. See Louisiana Revised Statutes 9:3516
Consumer loan: means a loan of money or its equivalent made by a supervised financial organization, a licensed lender, or lender in which the debtor is a consumer, and the loan is entered into primarily for personal, family, or household purposes and includes debts created by the use of a lender credit card, revolving loan account, or similar arrangement, as well as insurance premium financing. See Louisiana Revised Statutes 9:3516
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Controlling person: means any of the following:
(a) An owner, officer, or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state. See Louisiana Revised Statutes 37:3415.2
Conviction: A judgement of guilt against a criminal defendant.
Core functions: means the screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, client education, referral, reports, and record-keeping activities associated with counseling and consultation with other credentialed professionals. See Louisiana Revised Statutes 37:3386.1
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.
Counselor-in-training: means any person who has not yet met the qualification to become a licensed, certified, or registered counselor, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board. See Louisiana Revised Statutes 37:3386.1
Credit service charge: means the sum of the following:
(i) All charges payable directly or indirectly by the consumer and imposed directly or indirectly by the seller as an incident to the extension of credit, including any of the following types of charges that are applicable: time price differential; service; carrying or other charge, however denominated; premium or other charge for any guarantee or insurance protecting the seller against the consumer's default or other credit loss; and
(ii) Charges paid by the consumer for investigating the collateral or credit worthiness of the consumer or for commissions or brokerage for obtaining the credit, irrespective of the person to whom the charges are paid or payable, unless the seller had no notice of the charges when the credit was granted. See Louisiana Revised Statutes 9:3516
Creditable service: means service for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:3682
creditor: as used in this Chapter includes a seller in a consumer credit sale, revolving charge account, or transaction made with the use of a seller credit card or otherwise, or a lender in a consumer loan, a revolving loan account, or a lender credit card transaction. See Louisiana Revised Statutes 9:3516
Criminal history record information: means information collected by state and federal criminal justice agencies on persons consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision, and release, but does not include intelligence for investigatory purposes, nor does it include any identification information which does not indicate involvement of the person in the criminal justice system. See Louisiana Revised Statutes 37:3462
Cross examine: Questioning of a witness by the attorney for the other side.
Custodial environment: means a setting created by a court system in which a person has been deprived of freedom of action in any significant way. See Louisiana Revised Statutes 37:3386.1
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dealer: means any person licensed to sell a motor vehicle, specialty vehicle, or recreational product subject to regulation by this Chapter. See Louisiana Revised Statutes 32:1252
Dealer: means any person or entity engaged in the business of selling water treatment devices to the public. See Louisiana Revised Statutes 40:700
Dealer: means a person who holds a license from the commission authorized by the manufacturer to service the items in a recreational vehicle warranted by the manufacturer, who is actively engaged in the business of buying, selling, or exchanging new recreational vehicles at retail, and who has an established place of business. See Louisiana Revised Statutes 32:1270.32
Dealer-operator: shall mean the natural person designated in the franchise as the operator of a motor vehicle dealership. See Louisiana Revised Statutes 32:1252
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 Louisiana Department of Health and "secretary" means the secretary thereof. See Louisiana Revised Statutes 40:700
Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:701
Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1086.1
Department: shall mean the Department of Transportation and Development. See Louisiana Revised Statutes 48:1701
Department: shall mean the Louisiana Department of Transportation and Development. See Louisiana Revised Statutes 48:1751
Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 37:3552
Department: means the Louisiana Department of Veterans Affairs. See Louisiana Revised Statutes 37:3662
Department: means the Department of Natural Resources. See Louisiana Revised Statutes 33:1419.2
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Designated gaming area: means that portion of a riverboat in which gaming activities may be conducted. See Louisiana Revised Statutes 27:44
Designated responsible party: means a natural person designated by the applicant or licensee as responsible for facility operations of the applicant or licensee facility. See Louisiana Revised Statutes 37:3462
Designated successor: means the spouse, child, grandchild, parent, brother, or sister, of a dealer who, in the case of a deceased dealer, is entitled to inherit the dealer's ownership interest in the dealership under the terms of the dealer's will; the spouse, or other person who has otherwise been designated in writing by a deceased dealer to succeed him in the motor vehicle dealership, such designation having been furnished to the manufacturer; or the spouse, or other person who, under the laws of intestate succession of this state is entitled to inherit the interest; or who, in the case of an incapacitated dealer, has been appointed by a court in a proceeding interdicting the dealer as the legal representative of the dealer's property. See Louisiana Revised Statutes 32:1252
designated waterway: means those rivers or bodies of water listed in La. See Louisiana Revised Statutes 27:44
Device operation: means the privilege of operating a video draw poker device in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 27:402
Device owner: means a person other than a distributor, who owns and operates, maintains, repairs, or services one or more video draw poker devices in licensed establishments. See Louisiana Revised Statutes 27:402
Devise: To gift property by will.
Direct rollover: means a payment by the system to the eligible retirement plan specified by the distributee. See Louisiana Revised Statutes 11:3682
disclosure: means the release of information or data with the consent, as indicated by a signed consent form, of the individual or individuals to whom the information pertains by either the division of unemployment insurance or the housing authority. See Louisiana Revised Statutes 40:561
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Distribution: means the sale or facilitation of delivery of legend drugs or legend devices to a person other than the consumer or patient, including but not limited to distribution by manufacturers, repackagers, own-label distributors, jobbers, third-party logistics providers, retail pharmacy warehouses, pharmacies, brokers, agents, and wholesale distributors. See Louisiana Revised Statutes 37:3462
Distributor: means any person who buys, sells, leases, services, or repairs video draw poker devices and provides a facility for the inspection of those devices as required by the division. See Louisiana Revised Statutes 27:402
Distributor: means any person engaged in distribution, including but not limited to manufacturers, repackagers, own-label distributors, jobbers, third-party logistics providers, retail pharmacy warehouses, pharmacies, brokers, agents, and wholesale distributors. See Louisiana Revised Statutes 37:3462
Distributor branch: means a branch office maintained by a person, resident or nonresident, who in whole or in part sells or distributes motor vehicles or recreational products to motor vehicle or recreational products dealers, or for directing or supervising, in whole or in part, its representatives. See Louisiana Revised Statutes 32:1252
District: means the French Quarter Management District. See Louisiana Revised Statutes 25:798
Docket: A log containing brief entries of court proceedings.
Donor: The person who makes a gift.
Earnable compensation: means the full rate of the compensation that would be payable to a participant if he worked the full normal working time during the year. See Louisiana Revised Statutes 11:951.1
Eligible retirement plan: means an individual retirement account described in Section 408(a), an individual retirement annuity described in Section 408(b), an annuity plan described in Section 403(a), or a qualified trust described in Section 401(a), all of the Internal Revenue Code, that accepts the member's eligible rollover distribution. See Louisiana Revised Statutes 11:3682
Eligible rollover distribution: means any distribution of all or any portion of the balance to the credit of a member, except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments not less frequently than annually, made for the life or life expectancy of the member or the joint lives or joint life expectancies of the member and the member's designated beneficiary, or for a specified period of ten years or more, or any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code, or the portion of any distribution that is not includable in gross income. See Louisiana Revised Statutes 11:3682
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Emergency interim successor: means a person designated pursuant to this Part, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office. See Louisiana Revised Statutes 33:1403
Employee: means any commissioned member or employee of the Harbor Police Department of the Port of New Orleans prior to July 1, 2004, or any commissioned member of the Harbor Police Department of the Port of New Orleans on or after July 1, 2004 and hired on or before June 30, 2014. See Louisiana Revised Statutes 11:3682
Employee: means any person regularly employed in any capacity under the control of the Orleans Parish School Board who is not a teacher or whose legal employment does not require the holding of a teacher's certificate, including employees of the public school lunch department, all skilled and unskilled employees of the maintenance department, managers, custodians, subcustodians, and others who are not temporarily employed, and are paid out of funds under the control of the Orleans Parish School Board, who are not now eligible for membership in any other retirement system created or established by the State of Louisiana or any of its political subdivisions. See Louisiana Revised Statutes 11:951.1
Employer: means the Board of Commissioners of the Port of New Orleans. See Louisiana Revised Statutes 11:3682
En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Ex officio: Literally, by virtue of one's office.
Executive director: means the chief administrative officer of the board. See Louisiana Revised Statutes 37:3503
Executor: A male person named in a will to carry out the decedent
Exercise protocols and programs: means the intensity, duration, frequency, and mode of activity to improve the cardiovascular system. See Louisiana Revised Statutes 37:3422
Facility: means an entity licensed by the Louisiana Department of Health that provides a broad range of diagnostic, treatment, and rehabilitation services on both a scheduled and nonscheduled basis in an accessible residential or nonresidential setting by qualified professionals to persons and their families in need of counseling or treatment related to alcohol abuse and alcoholism, or drug abuse, or both. See Louisiana Revised Statutes 40:1079.12
Factory branch: means a branch office maintained by a person who fabricates, manufactures, or assembles motor vehicles or recreational products, for the sale of motor vehicles or recreational products to distributors, or for the sale of motor vehicles or recreational products to motor vehicle or recreational products dealers, or for directing or supervising, in whole or in part, its representatives. See Louisiana Revised Statutes 32:1252
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
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.
FBI: means the Federal Bureau of Investigation of the United States Department of Justice. See Louisiana Revised Statutes 37:3462
Federal assistance under a state transportation plan: means federal matching funds or other federal money which may be available under a State Implementation Plan (SIP), maintenance plan, or other transportation plan of the Department of Transportation and Development, a Metropolitan Planning Organization, or other state entity pursuant to the federal Congestion Mitigation and Air Quality (CMAQ) Improvement Program funding which provides funds for public fleet conversions to cleaner fuels. See Louisiana Revised Statutes 33:1419.2
Federal financial institutions regulatory agency: means :
(a) The Board of Governors of the Federal Reserve System. See Louisiana Revised Statutes 37:3392
Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
Fiduciary: A trustee, executor, or administrator.
Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
FIRREA: means the Financial Institution Reform, Recovery and Enforcement Act of 1989, as enacted under federal law, and specifically includes but is not limited to Title XI, requiring real estate appraisals used in connection with federally related transactions to comply with uniform standards and to be prepared by credentialed real property appraisers. See Louisiana Revised Statutes 37:3392
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.
fleet conversion: means both of the following:
(a) The installation of qualified clean fuel vehicle equipment in order to modify all or a portion of a local governing authority's fleet of motor vehicles which are propelled by gasoline or diesel so that the motor vehicles may be partially or wholly propelled by an alternative fuel. See Louisiana Revised Statutes 33:1419.2
Flour: means flour of every kind and description made wholly or partly from wheat, which conforms to the definition and standard of identity of flour, white flour, wheat flour, and plain flour, as promulgated by the Federal Security Agency. See Louisiana Revised Statutes 40:781
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Franchise: means any written contract or selling agreement between a motor vehicle or recreational products dealer, a motor vehicle lessor, or a specialty vehicle dealer and a manufacturer, motor vehicle lessor franchisor, or converter of a new motor vehicle or specialty vehicle or its distributor or factory branch by which the motor vehicle or recreational products dealer, motor vehicle lessor, or specialty vehicle dealer is authorized to engage in the business of selling or leasing the specific makes, models, or classifications of new motor vehicles, recreational products, or specialty vehicles marketed or leased by the manufacturer, motor vehicle lessor franchisor, or converter and designated in the franchise agreement or any addendum thereto. See Louisiana Revised Statutes 32:1252
Fraud: Intentional deception resulting in injury to another.
Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
Game: means any banking or percentage game which is played with cards, dice, or any electronic, electrical, or mechanical device or machine for money, property, or any thing of value. See Louisiana Revised Statutes 27:44
gaming equipment: means any equipment or mechanical, electro-mechanical, or electronic contrivance, component, or machine, including a slot machine, used directly or indirectly in connection with gaming or any game, which affects the result of a wager by determining wins or losses. See Louisiana Revised Statutes 27:44
gaming license: means a license or authorization to conduct gaming activities on a riverboat issued pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 27:44
gaming operations: means the use, operation, or conducting of any game or gaming device upon a riverboat including all activities related to and integral to the operation and profitability of a riverboat, including accounting procedures and internal controls governing the licensee's operations. See Louisiana Revised Statutes 27:44
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
Gestational carrier: means a woman who agrees to engage in a process by which she attempts to carry and give birth to a child born as a result of an in utero transfer of a human embryo to which she makes no genetic contribution. See Louisiana Revised Statutes 9:2718.1
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
Highway: shall mean a route, which shall run from Many, Louisiana, in Sabine Parish through Lockesbury, Arkansas, to the Oklahoma state line, as presently located and any improvement or extension thereof within the boundaries of the commission. See Louisiana Revised Statutes 48:1701
Highway: shall mean U. See Louisiana Revised Statutes 48:1751
Hospital: means a facility that is licensed as a hospital in accordance with the provisions of the Hospital Licensing Law, La. See Louisiana Revised Statutes 40:1086.1
HUD: means the United States Department of Housing and Urban Development. See Louisiana Revised Statutes 40:561
In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
In good standing: means the status of a licensee who has complied with all explicit license obligations thereby having unabated authority to conduct license activities. See Louisiana Revised Statutes 37:3392
In utero embryo transfer: means the medical procedure whereby the genetic mother's egg is fertilized with the sperm of the genetic father, with the resulting embryo transferred into the uterus of the gestational carrier. See Louisiana Revised Statutes 9:2718.1
Inactive status: means the status in which a licensed massage therapist has, pursuant to the provisions of this Chapter, notified the board of intent to voluntarily cease activity as a massage therapist for a period of time not to exceed five years. See Louisiana Revised Statutes 37:3552
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Information: means wage record and unemployment compensation information. See Louisiana Revised Statutes 40:561
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intended parents: means a married couple who each exclusively contribute their own gametes to create their embryo and who enter into an enforceable gestational carrier contract, as defined in this Chapter, with a gestational carrier pursuant to which the intended parents will be the legal parents of the child resulting from an in utero embryo transfer. See Louisiana Revised Statutes 9:2718.1
Inter 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}
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.
Juror: A person who is on the jury.
KSA: means the knowledge, skills, and attitudes designated by the board as being necessary for effective addiction counseling and required by the board to be utilized by addictive disorders counselors in providing addiction counseling services. See Louisiana Revised Statutes 37:3386.1
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
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.
Legend device: means any device intended for use by humans that carries on its label "Rx" "Rx only" a designation for physician use only, or a statement that federal law restricts the device to sale by or on the order of a licensed health care practitioner. See Louisiana Revised Statutes 37:3462
Legend drug: means any drug intended for use by humans that carries on its label any of the following: "Caution: Federal law prohibits dispensing without a prescription" "Rx" or "Rx Only". See Louisiana Revised Statutes 37:3462
lender credit card: includes a travel and entertainment credit card account that is not subject to loan finance charges or credit service charges. See Louisiana Revised Statutes 9:3516
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensed establishment: means an establishment that has a Class A-General retail permit or a Class A-Restaurant permit as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, for the sale of alcoholic beverages for on-premises consumption or a Louisiana state racing commission licensed race track, pari-mutuel wagering facility, or offtrack wagering facility, or a qualified truck stop facility as defined in La. See Louisiana Revised Statutes 27:402
Licensed lender: means a person licensed by the commissioner to make consumer loans pursuant to this Chapter. See Louisiana Revised Statutes 9:3516
Licensed midwife: means a midwife who is licensed in accordance with the provisions of the Midwife Practitioners Act, La. See Louisiana Revised Statutes 40:1086.1
Licensed physician: means a person who is licensed by the Louisiana State Board of Medical Examiners to practice medicine in the state. See Louisiana Revised Statutes 37:3422
Licensed professional vocational rehabilitation counselor: means any person who holds himself out to the public, for a fee or other personal gain, by any title or description of services incorporating the words "licensed professional vocational rehabilitation counselor" or any similar term, and who offers to render professional rehabilitation counseling services denoting a client-counselor relationship in which the counselor assumes responsibility for knowledge, skill, and ethical considerations needed to assist individuals, groups, organizations, or the general public, and who implies that he is licensed to engage in the practice of rehabilitation counseling pursuant to this Chapter. See Louisiana Revised Statutes 37:3443
Licensed residential appraiser: means any person licensed by the board whose authority to appraise real property is limited to the appraisal of noncomplex one to four residential units having a transaction value of less than one million dollars and of complex one to four residential units having a transaction value of less than four hundred thousand dollars in accordance with the Real Property Appraiser Qualification Criteria. See Louisiana Revised Statutes 37:3392
Licensee: means any person who is required to be licensed by the commission pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 32:1252
licensee: means any person holding or applying for a gaming license to conduct gaming activities. See Louisiana Revised Statutes 27:44
Licensee: means any person who has been issued a license by the board to participate in any appraisal activity described in this Chapter. See Louisiana Revised Statutes 37:3392
Licensee: means any person to whom a license is granted in accordance with the provisions of this Chapter and who may certify the successful completion of the required minimum training for private investigator apprentices. See Louisiana Revised Statutes 37:3503
Licensee: means any person or business that has a professional or establishment license issued by the board. See Louisiana Revised Statutes 37:3552
Licensure: means any license, permit, or registration that the board is authorized by law to issue. See Louisiana Revised Statutes 37:3462
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.
Loan: means a loan of money from the Alternative Fuel Revolving Loan Fund for eligible costs of the conversion of a fleet of motor vehicles of a local governing authority to qualified clean fuel vehicles. See Louisiana Revised Statutes 33:1419.2
Loan finance charge: means the sum of the following:
(i) All charges payable directly or indirectly by the consumer and imposed directly or indirectly by the lender as a requirement of the extension of credit, including any of the following types of charges that are applicable: interest or any amount payable under a point, discount, or other system of charges, however denominated; and
(ii) Charges paid by the consumer for investigating the collateral or credit worthiness of the consumer. See Louisiana Revised Statutes 9:3516
Local governing authority: means the governing authority of a parish, municipality, school board, port or port harbor and terminal district, levee district, or any other political subdivision of the state, and the governing authorities of their agencies, offices, or instrumentalities. See Louisiana Revised Statutes 33:1419.2
local governmental subdivision: means a parish or municipality. See Louisiana Revised Statutes 33:1420.21
Louisiana Workforce Commission: means the Louisiana Workforce Commission and its subdivisions, including the office of unemployment insurance administration, or its successor. See Louisiana Revised Statutes 40:561
Manufacturer: means any person, resident or nonresident, who fabricates, manufactures, or assembles motor vehicles, recreational products, or new, remanufactured, reconditioned, or rebuilt motor vehicle or marine motors. See Louisiana Revised Statutes 32:1252
Manufacturer: means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles recreational vehicles or the chassis for recreational vehicles. See Louisiana Revised Statutes 32:1270.32
Manufacturer: means any person who manufactures or assembles and programs video draw poker devices for use in this state. See Louisiana Revised Statutes 27:402
Manufacturer: means any of the following:
(a) A person who manufactures legend drugs or legend devices and includes a labeler or distributor. See Louisiana Revised Statutes 37:3462
Market value: means a value stated as an opinion, which presumes the transfer of real property as of a certain date and subject to specific conditions set forth in the value definition identified by an appraiser as applicable to an appraisal. See Louisiana Revised Statutes 37:3392
Massage establishment: means any place of business that offers the practice of massage therapy and where the practice of massage therapy is conducted on the premises of the business. See Louisiana Revised Statutes 37:3552
Massage therapist: means a person who engages in the practice of massage therapy for compensation. See Louisiana Revised Statutes 37:3552
Medical board: means the board of physicians provided for in La. See Louisiana Revised Statutes 11:3682
Member: includes any employees, as defined in Paragraph (16) of this Section, included in the membership of this plan as provided in La. See Louisiana Revised Statutes 11:3682
Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
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}
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
motel: means an operating commercial establishment which possesses all appropriate licensing as a hotel or motel and which is engaged primarily in the renting of rooms, generally at a daily rate basis, which provides overnight lodging to the general public. See Louisiana Revised Statutes 27:402
Motor vehicle: means any motor driven car, van, or truck required to be registered which is used, or is designed to be used, for the transporting of passengers or goods for public, private, commercial, or for hire purposes. See Louisiana Revised Statutes 32:1252
Motorcycle: means a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor, electric-assisted bicycle, and electric-powered scooters not required to be registered. See Louisiana Revised Statutes 32:1252
Motorcycle or all-terrain vehicle dealer: means any person who, for a commission or with intent to make a profit or gain of money or other thing of value, buys, sells, brokers, exchanges, auctions, offers, or attempts to negotiate a sale or exchange of an interest in motorcycles or all-terrain vehicles and who is engaged wholly or in part in the business of buying and selling motorcycles or all-terrain vehicles in the state of Louisiana and who holds a license as a recreational products dealer under the provisions of this Chapter. See Louisiana Revised Statutes 32:1252
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
Net device revenue: means the gross revenue of a device less the value of prizes paid as shown on the meters of the device. See Louisiana Revised Statutes 27:402
Net gaming proceeds: means the total of all cash and property, including checks received by a licensee, whether collected or not, received by the licensee from gaming operations, less the total of all cash paid out as winnings to patrons and five million dollars annually directly attributable to promotional play wagers. See Louisiana Revised Statutes 27:44
Net proceeds: means the funds raised from the sale of bonds minus issuance costs, which costs include but are not limited to the underwriting discount, printing of disclosure documents, bond certificates, and the fees of the underwriter's legal counsel, bond counsel, financial advisor, rating agency, and trustee banks. See Louisiana Revised Statutes 33:1419.2
New recreational vehicle: means a recreational vehicle, the legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser. See Louisiana Revised Statutes 32:1252
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
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: includes all local offices, the powers and duties of which are defined by the constitution, statutes, charters, and ordinances. See Louisiana Revised Statutes 33:1403
Organization: means corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. See Louisiana Revised Statutes 9:3516
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means a natural person who owns greater than a ten percent interest in the distributor. See Louisiana Revised Statutes 37:3462
PAREA: means or refers to any Practical Applications of Real Estate Appraisal training program created or implemented in accordance with the Real Property Appraiser Qualification Criteria developed and approved by the AQB, to provide an alternate pathway for applicants to obtain licensure as a licensed residential appraiser or as a certified residential appraiser without training as a trainee appraiser, subject to the direct control and supervision of a supervisory appraiser. See Louisiana Revised Statutes 37:3392
Participant: means any employee who is entitled to the beneficial provisions of this retirement system. See Louisiana Revised Statutes 11:951.1
Participating housing authority: means a housing authority that has entered into a cooperative agreement with the state Louisiana Workforce Commission. See Louisiana Revised Statutes 40:561
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.
Passenger: means a natural person who is present on a riverboat but has no part in the vessel's operation. See Louisiana Revised Statutes 27:44
Pension: means annual payments for life, payable in equal monthly installments, derived from money provided by the Orleans Parish School Board and other amounts accumulated in the pension accumulation account as provided for in this Part. See Louisiana Revised Statutes 11:951.1
Pension reserve: means the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of mortality tables adopted by the board of trustees, plus regular interest. See Louisiana Revised Statutes 11:951.1
Pensions: means payments for life. See Louisiana Revised Statutes 11:701
Person: shall mean any natural or juridical person, firm, association, corporation, trust, partnership, limited liability partnership, professional liability corporation, or limited liability company or any other legal entity. See Louisiana Revised Statutes 32:1252
Person: as used in this Chapter means an individual or corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3516
person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
Person: means a natural or juridical person, including a proprietorship, partnership, corporation, limited liability company, trust, business firm, association, franchise arrangement, combination of any of these entities, or any other legal entity. See Louisiana Revised Statutes 37:3462
Person: means an individual, firm, association, company, partnership, corporation, nonprofit organization, or other legal entity. See Louisiana Revised Statutes 37:3503
Person: means an individual, corporation, association, or other legal entity. See Louisiana Revised Statutes 37:3552
Personal property: All property that is not real property.
Physician: means a person who is licensed by the board to practice medicine in this state. See Louisiana Revised Statutes 37:3353
Pilot program: means the Louisiana Military Medics and Corpsmen Pilot Program established pursuant to this Chapter. See Louisiana Revised Statutes 37:3662
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan: means the Harbor Police Retirement Plan established in this Subpart and administered as a plan within the Louisiana State Employees' Retirement System pursuant to La. See Louisiana Revised Statutes 11:3682
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
political subdivision: means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 33:1418
Political subdivision: includes parishes, municipalities, districts and other public subdivisions and entities, whether organized and existing under charter or general law. See Louisiana Revised Statutes 33:1403
Port commission: means the Board of Commissioners of the Port of New Orleans. See Louisiana Revised Statutes 11:3682
Postneonatal death: means the death of a child aged twenty-eight days to three hundred sixty-four days. See Louisiana Revised Statutes 40:1086.1
Practice of massage therapy: means the manipulation of soft tissue for the purpose of maintaining good health and establishing and maintaining good physical condition. See Louisiana Revised Statutes 37:3552
Practice of rehabilitation counseling: means rendering or offering to individuals, groups, organizations, or the general public rehabilitation services in private practice for compensation involving the application of principles, methods, or procedures of the rehabilitation counseling profession which include but are not limited to:
(a) "Rehabilitation counseling" which means assisting an individual or group, through the counseling relationship, to define vocational goals, and to plan actions reflecting his or their interests, abilities, aptitudes, and needs as these are related to rehabilitation concerns, educational progress, and occupations and careers. See Louisiana Revised Statutes 37:3443
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.
Prescription drug: means a drug for human use which, because of its toxicity or other potentiality for harmful effects, the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or a drug which is limited by a United States Food and Drug Administration new drug application to use under the professional supervision of a practitioner licensed by law to administer such drug. See Louisiana Revised Statutes 37:3462
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.
Prevention: means those activities and services that prevent, reduce, or stabilize the incidence of addictive disorders and thereby prevent, reduce, or stabilize the prevalence of addictive disorders. See Louisiana Revised Statutes 37:3386.1
Prevention specialist-in-training: means any person who has not yet met the qualifications to become a licensed, certified, or registered prevention professional, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board. See Louisiana Revised Statutes 37:3386.1
preventive counseling: means services, general guidance and support, or service coordination, including but not limited to individual and group counseling, support services, and education about alcohol and other drugs and their effects, which are provided by a qualified professional to prevent a child from developing or suffering from alcoholism, alcohol or drug addiction, alcohol or drug abuse, or related physical, emotional, or mental health problems. See Louisiana Revised Statutes 40:1079.12
Principal: means the amount financed or amount deferred under a consumer credit transaction. See Louisiana Revised Statutes 9:3516
Principal corporate officer: means the president, treasurer, secretary, or comptroller, or any other person who performs functions for the corporation corresponding to those performed by the foregoing officers. See Louisiana Revised Statutes 37:3503
Prior service: means service rendered prior to August 1, 1971 for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:3682
Prior service: means service rendered by an employee prior to the effective date of the establishment of this retirement system for which credit is allowable as provided in this Part. See Louisiana Revised Statutes 11:951.1
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.
product: as used in this Chapter , does not include any of the following:
(a) Blood or blood components intended for transfusion. See Louisiana Revised Statutes 37:3462
Program: means the Alternative Fuel Revolving Loan Fund Program as established by this Subpart. See Louisiana Revised Statutes 33:1419.2
Project: shall mean the construction, expansion, improvement, or extension of a route which shall run from Many, Louisiana, in Sabine Parish through Lockesbury, Arkansas, to the Oklahoma state line, including the four-lane improvements or any portion thereof within the boundaries of the district; the construction of bridges, overpasses, causeways, underpasses, traffic circles, interchanges, and landscaping relating thereto; and the long-term economic/industrial development and tourism development of the corridor area. See Louisiana Revised Statutes 48:1701
Project: shall mean the construction, expansion, improvements, or extension of the highway as that term is defined in this Section, including the four-lane improvements for any portion thereof within the boundaries of the commission and the construction of bridges, overpasses, causeways, underpasses, traffic circles, interchanges, landscaping and wildflower establishment, and historical marker establishment related thereto, and any other construction which may be necessary in order to completely modernize, renovate, and update the aforementioned highways, along with economic development and improvement of the geographic areas served thereby. See Louisiana Revised Statutes 48:1751
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public defender: Represent defendants who can't afford an attorney in criminal matters.
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 school: means any school conducted within the state under the authority and supervision of a city, parish, or other local school board and any educational institution supported by and under the control of the state. See Louisiana Revised Statutes 11:701
Qualified clean fuel vehicle equipment: means equipment necessary for a motor vehicle to partially or wholly operate on an alternative fuel, but shall not include equipment necessary for operation of a motor vehicle on gasoline or diesel. See Louisiana Revised Statutes 33:1419.2
Qualified mental health professional: means :
(a) A psychiatrist licensed pursuant to La. See Louisiana Revised Statutes 37:3386.1
Qualified professional: shall include :
(a) A certified substance abuse counselor or certified prevention counselor. See Louisiana Revised Statutes 40:1079.12
Quorum: The number of legislators that must be present to do business.
Racehorse wagering: means wagers placed on horse racing conducted under the pari-mutuel form of wagering at licensed racing facilities that is accepted by a licensed racehorse wagering operator under the provisions of this Chapter. See Louisiana Revised Statutes 27:44
Racehorse wagering operator: means the licensed racing association whose facility is located closest to the licensed berth of the riverboat on which gaming activities are approved. See Louisiana Revised Statutes 27:44
real estate: means immovable property as defined by Civil Code Article 462 et seq. See Louisiana Revised Statutes 37:3392
real estate appraisal: means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects, including energy efficiency, of, identified real estate, for or in expectation of compensation. See Louisiana Revised Statutes 37:3392
Real estate appraisal services: means residential valuation services performed by an individual acting as an appraiser, including but not limited to appraisal, appraisal review, or appraisal consulting, as these services are defined under the Uniform Standards for Professional Appraisal Practice. See Louisiana Revised Statutes 37:3415.2
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Real Property Appraiser Qualification Criteria: means the qualifying criteria regarding the minimum education, experience, and examination requirements for real estate appraisers, as established by the AQB. See Louisiana Revised Statutes 37:3392
Real-time synchronous distance learning: means students attend class session virtually at the same time as the instructor and other classmates. See Louisiana Revised Statutes 37:3552
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}
recreational vehicle: includes a motor home, a travel trailer, a fifth-wheel travel trailer, a folding camper trailer, a slide-in truck camper, and a park model trailer. See Louisiana Revised Statutes 32:1270.32
Recreational vehicle dealer: means any person who, for a commission or with intent to make a profit or gain of money or other thing of value, buys, sells, brokers, exchanges, auctions, offers, or attempts to negotiate a sale or exchange of an interest in recreational vehicles and who is engaged wholly or in part in the business of buying and selling recreational vehicles in the state of Louisiana and who holds a license as a recreational products dealer under the provisions of this Chapter. See Louisiana Revised Statutes 32:1252
Recreational vehicle salesman: means any natural person employed by a licensee of the commission whose duties include the selling, leasing, or offering for sale or lease, financing or insuring recreational vehicles on behalf of said licensee and who holds a motor vehicle salesman license under the provisions of this Chapter. See Louisiana Revised Statutes 32:1252
Registrant: means an individual who holds a valid registration card issued by the board. See Louisiana Revised Statutes 37:3503
Registration card: means the identification card issued by the board to a registrant as evidence that the registrant has met the required minimum qualifications to perform the duties of a private investigator or apprentice. See Louisiana Revised Statutes 37:3503
Regular contributions: means the contributions deducted from the compensation of a participant subsequent to the effective date of the establishment of this retirement system as required by this Part and placed to the credit of the participant in the annuity savings account. See Louisiana Revised Statutes 11:951.1
Regular interest: means interest compounded annually at such rate as shall be determined by the board of trustees. See Louisiana Revised Statutes 11:951.1
Rehabilitation counseling: which means assisting an individual or group, through the counseling relationship, to define vocational goals, and to plan actions reflecting his or their interests, abilities, aptitudes, and needs as these are related to rehabilitation concerns, educational progress, and occupations and careers. See Louisiana Revised Statutes 37:3443
Rehabilitation counseling services: which means those acts and behaviors coming within the "practice of rehabilitation counseling" as defined in this Chapter. See Louisiana Revised Statutes 37:3443
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.
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Respiratory care: is synonymous with the term "respiratory therapy" as defined in this Chapter. See Louisiana Revised Statutes 37:3353
Respiratory therapy: means the allied health specialty practiced under the direction and supervision of a physician involving the assessment, treatment, testing, monitoring, and care of persons with deficiencies and abnormalities of the cardiopulmonary system. See Louisiana Revised Statutes 37:3353
Respiratory therapy education program: means a program of respiratory therapy studies accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), in collaboration with the Committee on Accreditation for Respiratory Care (CoARC), or their predecessor or successor organizations or an equivalent program approved by the board. See Louisiana Revised Statutes 37:3353
Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Subpart. See Louisiana Revised Statutes 11:3682
Retirement: means withdrawal from active service with a retirement allowance allowable under the provisions of this Part. See Louisiana Revised Statutes 11:951.1
Retirement allowance: means any benefit paid to a member under La. See Louisiana Revised Statutes 11:3682
Retirement allowance: means the sum of the annuity and the pension, or any other benefits payable in lieu thereof. See Louisiana Revised Statutes 11:951.1
Retirement system: means the corporation known as the Orleans Parish School Employees' Retirement System established in La. See Louisiana Revised Statutes 11:951.1
Revolving charge account: means an arrangement between a seller or issuer of a seller credit card honored by the seller and a consumer pursuant to which:
(a) The creditor permits the consumer to purchase goods or services on a preauthorized basis;
(b) The creditor reasonably contemplates repeated transactions;
(c) The creditor may impose a credit service charge from time to time on the outstanding unpaid balance of the consumer's account;
(d) The amount of credit that may be extended to the consumer, up to any limit set by the creditor, is generally made available to the extent that any outstanding balance is repaid; and
(e) No credit service charges may be imposed upon the consumer for a billing period if the account is paid in full within a period of twenty-five days from the billing date. See Louisiana Revised Statutes 9:3516
Riverboat: means one of the following:
(a) A vessel that carries a valid Certificate of Inspection issued by the United States Coast Guard with regard to the carriage of passengers on designated rivers or waterways within or contiguous to the boundaries of the state of Louisiana and for the carriage of a minimum of six hundred passengers and crew. See Louisiana Revised Statutes 27:44
School: means any public elementary or secondary school in the state of Louisiana operated by a city or parish school board or any nonpublic school approved by the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 40:1079.12
Secretary: means the secretary of the Louisiana Department of Health, hereinafter referred to in this Part as the "department. See Louisiana Revised Statutes 40:781
Service: means service rendered as an employee as described in Paragraph (16) of this Section. See Louisiana Revised Statutes 11:3682
Service: means service rendered by an employee as herein defined. See Louisiana Revised Statutes 11:951.1
Service entity: means any person other than a distributor or device owner who repairs, services, inspects, or examines video draw poker devices. See Louisiana Revised Statutes 27:402
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Shaken baby syndrome: means the condition known also as abusive head trauma which is characterized by injuries resulting from violent shaking or shaking and impacting of the head of an infant or small child. See Louisiana Revised Statutes 40:1086.1
Slot machine: means any mechanical, electrical, or other device, contrivance, or machine which, upon insertion of a coin, token, or similar object therein or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens, or anything of value, whether the payoff is made automatically from the machine or in any other manner. See Louisiana Revised Statutes 27:44
Spouse: means that person who is legally married to the member on the member's effective date of retirement or effective date of participation in the Deferred Retirement Option Plan, whichever is earlier. See Louisiana Revised Statutes 11:3682
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
Subsidiary: shall mean any person engaged in the selling or leasing of motor vehicles, recreational products, or specialty vehicles, in which a majority of the ownership interests of such entity is owned by a holder of a license issued by the commission. See Louisiana Revised Statutes 32:1252
Sudden unexpected infant death: means the death of an infant of less than one year of age, the cause of which is not immediately obvious before investigation, that occurs suddenly and unexpectedly. See Louisiana Revised Statutes 40:1086.1
suitability requirements: means the criteria provided for in La. See Louisiana Revised Statutes 27:402
Summons: Another word for subpoena used by the criminal justice system.
Supervisor: means the person in charge of the division. See Louisiana Revised Statutes 27:44
Supervisory appraiser: means a certified residential appraiser or certified general appraiser registered by the board to supervise one or more trainee appraisers and who satisfies the applicable minimum qualifications required by the Real Property Appraiser Qualification Criteria including but not limited to the following:
(a) The supervisory appraiser shall have been licensed and in good standing with any competent appraisal licensing jurisdiction for at least three years. See Louisiana Revised Statutes 37:3392
system: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:3682
TAF: means The Appraisal Foundation created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testator: A male person who leaves a will at death.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.
Trainee appraiser: means any person registered by the board and authorized to appraise properties under the supervision of a licensed general real estate appraiser or residential real estate appraiser. See Louisiana Revised Statutes 37:3392
Transaction: means the transfer of a product between persons in which a change of ownership occurs, but does not include a transaction that is exempted from the definition by rules of the board or federal law. See Louisiana Revised Statutes 37:3462
Transaction history: means a statement, in paper or electronic form, that includes the transaction information for each prior transaction going back to the manufacturer of the product. See Louisiana Revised Statutes 37:3462
Transaction information: means :
(a) The proprietary or established name or names of the product. See Louisiana Revised Statutes 37:3462
Transaction statement: means a statement, in paper or electronic form, that the entity transferring ownership in a transaction meets all of the following conditions:
(a) Is authorized as required under the federal Drug Supply Chain Security Act. See Louisiana Revised Statutes 37:3462
transaction value: means market value for nonfederally related transaction appraisals. See Louisiana Revised Statutes 37:3392
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a child or to prevent deterioration in his condition or behavior as it relates to drug or alcohol abuse. See Louisiana Revised Statutes 40:1079.12
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.
Ultimate purchaser: means , with respect to any new motor vehicle, recreational product, or specialty vehicle, the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith purchases such new motor vehicles, recreational products, or specialty vehicles for purposes other than resale. See Louisiana Revised Statutes 32:1252
Unavailable: means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office including any deputy exercising the powers and discharging the duties of an office because of a vacancy and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. See Louisiana Revised Statutes 33:1403
Unemployment compensation information: means unemployment compensation claim or payment information from the administrator of the Louisiana Employment Security Law. See Louisiana Revised Statutes 40:561
Used recreational vehicle: means a recreational vehicle, the legal title of which has been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser. See Louisiana Revised Statutes 32:1252
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.
USPAP: means the Uniform Standards of Professional Appraisal Practice, which establishes the minimum requirements applicable to appraisers for the purpose of promoting and maintaining public trust in the appraisal practice, as implemented and periodically amended by the ASB. See Louisiana Revised Statutes 37:3392
Vehicle: means any motor vehicle, specialty vehicle, or recreational product subject to regulation by this Chapter. See Louisiana Revised Statutes 32:1252
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Video draw poker: means any card game approved by the division that utilizes one or more decks of cards per hand with multiple hands permitted per game. See Louisiana Revised Statutes 27:402
Video draw poker device: means any unit, mechanism, or device authorized pursuant to the provisions of this Chapter, that, upon insertion of a ticket voucher or cash, is available to play or simulate the play of the game of draw poker, or other card games approved by the division utilizing a video display and microprocessors in which the player may win games or credits that can be redeemed for cash only. See Louisiana Revised Statutes 27:402
Video draw poker employee: means a person issued a permit pursuant to the provisions of La. See Louisiana Revised Statutes 27:402
vocational assessment: includes but is not limited to the administration, interpretation, and use of single scale screening tests of intelligence and tests of education, achievement, personal traits, interests, aptitudes, abilities, language, adaptive behavioral tests, and symptom screening checklist, solely to define vocational goals and plan actions as related to rehabilitation concerns, educational progress, and occupations and careers. See Louisiana Revised Statutes 37:3443
Wage record: means wage record information reported to the state by employers on a quarterly basis as provided in La. See Louisiana Revised Statutes 40:561
Water treatment device: means any instrument or contrivance sold at retail for residential use and designed to be added to the plumbing system of a water supply intended for human consumption to improve that water supply by any means including, but not limited to, filtration, purification, distillation, or conditioning. See Louisiana Revised Statutes 40:700
Wholesale distribution: means the distribution of legend drugs or legend devices to a person other than the consumer or patient except as exempted in the standards of the federal Drug Supply Chain Security Act as the act pertains to wholesale distribution. See Louisiana Revised Statutes 37:3462
Wholesale distributor: means any person engaged in wholesale distribution. See Louisiana Revised Statutes 37:3462
wholesaler: means any person, resident or nonresident, who in whole or in part sells or distributes vehicles or new, remanufactured, reconditioned, or rebuilt motor vehicle motors to dealers, or who maintains distributor representatives. See Louisiana Revised Statutes 32:1252
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

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Terms Used In Louisiana Revised Statutes > Title 33 > Chapter 2 - Local Government

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