Michigan Laws > Chapter 18 > E.R.O. No. 1993-5 – Executive Reorganization Order


§ 18.431	Transfer of powers and duties of the Michigan justice training commission and the Michigan justice training fund from the department of management and budget to the department of state police by a typ

Terms Used In Michigan Laws > Chapter 18 > E.R.O. No. 1993-5 - Executive Reorganization Order

Active state duty: means the actual weekend, annual training, or special call up duty in the state military forces and includes travel to and from the duty site or station. See Michigan Laws 32.1002
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
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.
Agent: includes , but is not limited to, an attorney-in-fact under a durable or nondurable power of attorney and an individual authorized to make decisions as a patient advocate concerning another's health care. See Michigan Laws 700.1103
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.
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.
Application: means a written request to the probate register for an order of informal probate or informal appointment under part 3 of article III. See Michigan Laws 700.1103
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney: means , if appointed to represent a child under the provisions referenced in section 5213, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 700.1103
Authority: means the Michigan forest finance authority created in section 50503. See Michigan Laws 324.50502
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Board: means the board of directors of the Michigan forest finance authority, except where the context clearly requires a different definition. See Michigan Laws 324.50502
Bonds: means bonds of the authority issued as provided in this part. See Michigan Laws 324.50502
Bureau: means the legislative service bureau. See Michigan Laws 4.1102
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Certified health department: means a county, district, or city health department that meets the criteria for certification of health departments established by this act and that is authorized by the director to enforce this act for retail groceries, food processors, or fair concessions. See Michigan Laws 289.3103
Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103
city: whenever used in this act , shall be construed to mean a city incorporated under this act, or made subject to its provisions. See Michigan Laws 113.10
Commanding officer: includes only a commissioned officer. See Michigan Laws 32.1002
Commission: means the Michigan law revision commission. See Michigan Laws 4.1102
Commission: means the commission of natural resources. See Michigan Laws 324.301
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval.
Confinement: means the physical restraint of a person. See Michigan Laws 32.1002
Conservator: means a person appointed by a court to manage a protected individual's estate. See Michigan Laws 700.1103
Consumer: means an individual who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processor, and does not offer the food for resale. See Michigan Laws 289.1105
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Correctional custody: means the physical restraint of a person during duty or nonduty while on active state duty and includes extra duty, fatigue duty, or hard labor. See Michigan Laws 32.1002
Council: means the legislative council. See Michigan Laws 4.1102
Council administrator: means the chief executive officer of all legislative council agencies. See Michigan Laws 4.1102
Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Department: means the department of agriculture and rural development. See Michigan Laws 289.1107
Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
Devisee: means a person designated in a will to receive a devise. See Michigan Laws 700.1103
Director: means the director of the department or his or her designee. See Michigan Laws 289.1107
Director: means the director of the department of natural resources. See Michigan Laws 324.301
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 4.1121
Enlisted member: means a person in an enlisted grade. See Michigan Laws 32.1002
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.
Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104
Evaluation: means a food safety audit, inspection, or food safety and sanitation assessment, whether announced or unannounced, that identifies violations or verifies compliance with this act and determines the degree of active control by food establishment operators over foodborne illness risk factors. See Michigan Laws 289.1107
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.
Executor: A male person named in a will to carry out the decedent
Fair: means a fair or exhibition operated and managed under 1929 PA 11, MCL 46. See Michigan Laws 289.1107
Fiduciary: A trustee, executor, or administrator.
Fiduciary: includes , but is not limited to, a personal representative, funeral representative, guardian, conservator, trustee, plenary guardian, partial guardian, and successor fiduciary. See Michigan Laws 700.1104
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Food: means articles used for food or drink for humans or other animals, chewing gum, and articles used for components of any such article. See Michigan Laws 289.1107
Food code: means "Food Code, 2009 Recommendations of the United States Public Health Service Food and Drug Administration" which regulates the design, construction, management, and operation of certain food establishments. See Michigan Laws 289.1107
Food establishment: means an operation where food is processed, packed, canned, preserved, frozen, fabricated, stored, prepared, served, vended, sold, or offered for sale. See Michigan Laws 289.1107
Food processor: means a food establishment that processes, manufactures, wholesales, packages, labels, or stores food. See Michigan Laws 289.1107
Food service establishment: means a fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, drive-in, industrial feeding establishment, private organization serving the public, rental hall, catering kitchen, delicatessen, theater, commissary, food concession, or similar place in which food or drink is prepared for direct consumption through service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public. See Michigan Laws 289.1107
Food service program: means the systematic activity of the department and a local health department for effective administration and enforcement of the food code and this act, including all of the following:

(i) Periodic evaluations of food service establishments, temporary food service establishments, vending machines, and vending machine locations for compliance with law. See Michigan Laws 289.3103

Foodborne illness outbreak: means an incident where any of the following occur:

(i) Two or more persons, not of the same household, have ingested a common food and have a similar disease or similar symptoms or excrete the same pathogens, and there is a time, place, or person association between these persons. See Michigan Laws 289.3103

Forest management operations and practices: means activities related to the harvesting, reforestation, and other forest management, including, but not limited to, road access for silviculture activity and forest thinning, pest control, disease control, fertilization, forest protection, and wildlife management, that are consistent with principles of sustainable forestry. See Michigan Laws 324.50502

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}

Governing instrument: includes , but is not limited to, a court order. See Michigan Laws 700.1501

Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or rule. See Michigan Laws 32.1002

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Guardian: means a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in sections 5205, 5206, and 5306. See Michigan Laws 700.1104

Heir: means , except as controlled by section 2720, a person, including the surviving spouse or the state, that is entitled under the statutes of intestate succession to a decedent's property. See Michigan Laws 700.1104

in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q

Incapacitated individual: means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions. See Michigan Laws 700.1105

Inspection: means the checking or testing of observable practices against standards established in or adopted by this act, accompanied by a report of findings. See Michigan Laws 289.1109

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}

Issue: means an individual's descendant. See Michigan Laws 700.1105

Judge advocate: means an officer who is designated as a judge advocate by the state judge advocate general. See Michigan Laws 32.1002

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Juror: A person who is on the jury.

Label: means a display of written, printed, or graphic matter on the immediate container of any article and includes a requirement imposed under this act that any word, statement, or other information appearing on the display also appear on the outside container or wrapper of the retail package of the article or be easily legible through the outside container or wrapper. See Michigan Laws 289.1109

Legal material: means any of the following:

(i) The state constitution of 1963. See Michigan Laws 4.1121

Legislative council agencies: means the bureau, commission, and any other legislative council agency designated by the council. See Michigan Laws 4.1102

Letters: includes , but is not limited to, letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. See Michigan Laws 700.1105

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Lien: A claim against real or personal property in satisfaction of a debt.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local health department: means that term as defined in section 1105 of the public health code, MCL 333. See Michigan Laws 289.1109

local unit: means a municipality or county. See Michigan Laws 324.301

Low-risk food: means any of the following:

(i) Raw or prepackaged food that is not potentially hazardous food (time/temperature control for safety food). See Michigan Laws 289.1109

Majority leader: see Floor Leaders

Michigan prudent investor rule: means the fiduciary investment and management rule prescribed by part 5 of this article. See Michigan Laws 700.1106

Military: includes each armed force of the United States and each component of the state military establishment. See Michigan Laws 32.1002

Minor: means an individual who is less than 18 years of age. See Michigan Laws 700.1106

Minor offense: means an offense under a punitive section of this act that a commanding officer considers minor. See Michigan Laws 32.1002

Minority leader: See Floor Leaders

Money: means legal tender or a note, draft, certificate of deposit, stock, bond, check, or credit card. See Michigan Laws 700.1106

month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

motor vehicle liability policy: as used in this chapter , shall mean an owner's or an operator's policy of liability insurance, certified as provided in section 518 or section 519 as proof of financial responsibility, and issued, except as otherwise provided in section 519, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured. See Michigan Laws 257.520

Municipality: means a city, village, or township. See Michigan Laws 324.301

Notes: means notes of the authority issued as provided in this part, including commercial paper. See Michigan Laws 324.50502

Oath: A promise to tell the truth.

oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k

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.

Officer: means a commissioned or warrant officer. See Michigan Laws 32.1002

Official publisher: means :

(i) For the state constitution of 1963, the legislative service bureau. See Michigan Laws 4.1121

Oversight: Committee review of the activities of a Federal agency or program.

Parent: includes , but is not limited to, an individual entitled to take, or who would be entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question. See Michigan Laws 700.1106

Partial guardian: means that term as defined in section 600 of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 700.1106

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.

Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 289.1109

Person: means an individual or an organization. See Michigan Laws 700.1106

person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301

Personal property: All property that is not real property.

Personal representative: includes , but is not limited to, an executor, administrator, successor personal representative, and special personal representative, and any other person, other than a trustee of a trust subject to article VII, who performs substantially the same function under the law governing that person's status. See Michigan Laws 700.1106

Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106

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.

Plenary guardian: means that term as defined in section 600 of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 700.1106

Portfolio: means all property of every kind and character held by a fiduciary on behalf of a fiduciary estate. See Michigan Laws 700.1501

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.

Probate: Proving a will

Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106

Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106

Protected individual: means a minor or other individual for whom a conservator has been appointed or other protective order has been made as provided in part 4 of article V. See Michigan Laws 700.1106

Public health code: means 1978 PA 368, MCL 333. See Michigan Laws 289.1109

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Quorum: The number of legislators that must be present to do business.

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 4.1121

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Remand: When an appellate court sends a case back to a lower court for further proceedings.

Retail grocery: means an operation that sells or offers to sell food to consumers for off-premises consumption. See Michigan Laws 289.1111

Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301

Rules: means administrative rules promulgated under this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 289.1111

seal: shall be construed to include any of the following:

(a) The impression of the seal on the paper alone. See Michigan Laws 8.3n

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.

shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c

Special transitory food unit: means a temporary food establishment that is licensed to operate throughout the state without the 14-day limits or a mobile food establishment that is not required to return to a commissary. See Michigan Laws 289.1111

State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 4.1121

state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o

State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107

State forester: means an employee of the department who has a 4-year degree in forest management from an accredited college or university and experience in forest management and who is designated as the state forester by the director. See Michigan Laws 324.50502

Statute: A law passed by a legislature.

Subpoena: A command to a witness to appear and give testimony.

Summons: Another word for subpoena used by the criminal justice system.

Sustainable forestry: means that term as defined in section 52501. See Michigan Laws 324.50502

Temporary food establishment: means a food establishment that operates at a fixed location for a temporary period not to exceed 14 consecutive days. See Michigan Laws 289.1111

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.

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trust: includes , but is not limited to, an express trust, private or charitable, with additions to the trust, wherever and however created. See Michigan Laws 700.1107

Trustee: A person or institution holding and administering property in trust.

Unit: means a regularly organized body of the military that is not larger than a company or squadron. See Michigan Laws 32.1002

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.

Vending machine: means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation. See Michigan Laws 289.1111

Ward: means an individual for whom a guardian is appointed. See Michigan Laws 700.1108

Writ: A formal written command, issued from the court, requiring the performance of a specific act.