Michigan Laws > Chapter 51 > Act 298 of 1966 – Civil Service Commission
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Terms Used In Michigan Laws > Chapter 51 > Act 298 of 1966 - Civil Service Commission
- Active patient: means a person who has received any type of dental care in a mobile dental facility in the preceding 24 months. See Michigan Laws 333.21601
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Administrator: means a person that performs administrative or operational functions within or in connection with the continuing care community. See Michigan Laws 554.903
- Advertisement or marketing communication: means any disclosure statement, prospectus, pamphlet, circular, form letter, written or electronic advertisement, social media or other sales literature or advertising communication, including a written, printed, or pictorial communication, or a communication by means of a recorded telephone message or message spoken on the radio, television, or similar communications media, intended for distribution or transmission to prospective members in connection with an offer or sale of a continuing care agreement. See Michigan Laws 554.903
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliate: means all of the following:
(i) With respect to an individual, any of the following:
(A) A companion of the individual. See Michigan Laws 554.1012Amendment: 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. Amortized component of an entrance fee: means the portion of an entrance fee that is amortizable to reflect the cost of continuing care, multiplied by 1. See Michigan Laws 554.903 Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Applicant: means a continuing care community applying for initial registration under section 19, applying for renewal registration under section 25, or applying to amend a registration under section 33. See Michigan Laws 554.903 Appointment: means all means of selection, promotion, appointing or employing any person to hold any office, place or position of employment subject to civil service. See Michigan Laws 51.365 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. Assessment of a patient: means a limited clinical inspection that is performed to identify possible signs of oral or systemic disease, malformation, or injury, and the potential need for referral for diagnosis and treatment. See Michigan Laws 333.21601 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Assignee: means a person entitled to enforce an assignment of rents. See Michigan Laws 554.1052 Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Michigan Laws 554.1052 Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Michigan Laws 554.1052 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bequest: Property gifted by will. Campground: means that term as defined in section 12501 of the public health code, Act No. See Michigan Laws 554.651 Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Michigan Laws 554.1052 Change in fees: means a change in either the amount or type of fees for continuing care, including entrance fees and monthly service fees, except for any change in fees mandated by a state or federal referral assistance program. See Michigan Laws 554.903 Clinical evaluation: means a diagnostic service provided by a dentist that includes a complete intra- and extra-oral inspection, may include other modalities of examination to identify signs of oral or systemic disease, malformation, or injury, and may include the completion of diagnosis and treatment planning to determine the treatment needs of an individual patient. See Michigan Laws 333.21601 Commission: means the civil service commission herein created. See Michigan Laws 51.365 Commissioner: means any one of the 3 commissioners of that commission. See Michigan Laws 51.365 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. community: means a retirement community in which a person undertakes to provide or arrange for continuing care and which is 1 or more of the following:
(i) An adult foster care facility. See Michigan Laws 554.903Companion: means any of the following:
(i) The spouse of an individual. See Michigan Laws 554.1012Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Comprehensive dental services: means clinical evaluation, including diagnosis and treatment planning; imagery services; and indicated treatment that may include preventative, restorative, and surgical procedures that are considered necessary for an individual patient. See Michigan Laws 333.21601 Continuing care: means some or all of the following services:
(i) A living unit. See Michigan Laws 554.903Continuing care administration fund: means the fund creation in section 31(3). See Michigan Laws 554.903 Continuing care agreement: means a written agreement, including a long-term lease or an agreement conferring a life interest, between a member and a continuing care community for continuing care upon payment of an entrance fee. See Michigan Laws 554.903 Continuing care at home: means , upon payment of an entrance fee, providing or arranging for the provision of all of the following at the member's home:
(i) Continuing care. See Michigan Laws 554.903Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. cooperative housing association: means a consumer cooperative that provides dwelling units to its members. See Michigan Laws 554.601 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Court: means the circuit court. See Michigan Laws 554.1012 Court rules: means the rules adopted by the supreme court under section 5 of article VI of the state constitution of 1963, including the most recent amendments. See Michigan Laws 554.1012 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Day: means calendar day. See Michigan Laws 554.1052 Decedent: A deceased person. 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. Dental home: means a network of individualized care based on risk assessment, that includes oral health education, dental screenings, preventative dental services, diagnostic services, comprehensive dental services, and emergency services. See Michigan Laws 333.21601 Department: means the department of community health. See Michigan Laws 333.21601 Department: means the department of licensing and regulatory affairs. See Michigan Laws 554.905 Devise: To gift property by will. Disclosure statement: means a disclosure statement as required under section 19(1)(c) or that may be required by the department under section 25, as applicable. See Michigan Laws 554.905 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Docket: A log containing brief entries of court proceedings. Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 554.1052 Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2 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 Entrance fee: means money paid in a lump sum or installments or property transferred pursuant to a continuing care agreement before initiation of continuing care for 1 or more individuals and that confers the right to the continuing care. See Michigan Laws 554.905 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive officer: means an individual holding executive power in an organization and generally responsible for the day-to-day operations of the organization, such as a chief executive officer, chief financial officer, or chief operating officer. See Michigan Laws 554.905 Executor: A male person named in a will to carry out the decedent Executory contract: means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach. See Michigan Laws 554.1012 Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. 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. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Fraud: Intentional deception resulting in injury to another. 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 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governmental unit: means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state. See Michigan Laws 554.1012 grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e Grantor: The person who establishes a trust and places property into it. grantor: may be construed as including every person from or by whom any estate in lands passes in or by any deed. See Michigan Laws 8.3e Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC 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. Imagery: means visualization of oral and facial structures using specialized instruments and techniques for diagnostic purposes. See Michigan Laws 333.21601 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 Initiation of continuing care: means the commencement of a member's right to possess a living unit in a continuing care community or the commencement of the actual provision of continuing care, whichever occurs first. See Michigan Laws 554.905 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Joint resolution: A legislative measure which requires the approval of both chambers. 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. Landlord: means the owner, lessor, or sublessor of the rental unit or the property of which it is a part and, in addition, means a person authorized to exercise any aspect of the management of the premises, including a person who, directly or indirectly, acts as a rental agent, receives rent, other than as a bona fide purchaser, and who has no obligation to deliver the receipts to another person. See Michigan Laws 554.601 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Lien: means an interest in property that secures payment or performance of an obligation. See Michigan Laws 554.1012 Life interest: means the right, upon payment of an entrance fee, to receive continuing care for life. See Michigan Laws 554.905 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Living unit: means a physical space within a continuing care community set aside for the exclusive use or control of 1 or more specific members. See Michigan Laws 554.905 Long-term lease: means an agreement between a member and a continuing care community whereby the member has the right to occupy a space for more than 1 year but not for the life of the member. See Michigan Laws 554.905 Member: means an individual who enters into a continuing care agreement with a continuing care community. See Michigan Laws 554.907 Membership campground: means a campground that sells or offers to sell memberships that entitle persons to purchase, share ownership in, or rent a campground site or sites for a 1-time or periodic fee pursuant to a written membership contract or a purchase agreement. See Michigan Laws 554.651 Memorandum of agreement: means written documentation of an agreement between parties to work together cooperatively on an agreed-upon project or meet an agreed-upon objective. See Michigan Laws 333.21601 Mobile dental facility: means either of the following:
(i) A self-contained, intact facility in which dentistry or dental hygiene is practiced that may be transported from 1 location to another. See Michigan Laws 333.21601month: 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 Monthly service fee: means a monthly charge to a member for continuing care and not as rent, or a daily prorated portion thereof. See Michigan Laws 554.907 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage: means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if it also creates or provides for a lien on personal property. See Michigan Laws 554.1012 Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagee: means a person entitled to enforce an obligation secured by a mortgage. See Michigan Laws 554.1012 Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Mortgagor: means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage. See Michigan Laws 554.1012 Nonrefundable portion of the entrance fee: means the amortized component of an entrance fee and any other component of an entrance fee that is not refundable upon termination of the member under the terms and conditions of a continuing care agreement. See Michigan Laws 554.907 Notification: means a document containing information that this act requires a person to provide to another, signed by the person required to provide the information. See Michigan Laws 554.1052 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. Occupant: means a person who occupies a site in a campground. See Michigan Laws 554.651 Offer of a continuing care agreement: includes an attempt to offer to sell, or a solicitation of an offer to enter into, a continuing care agreement. See Michigan Laws 554.907 Operator: means either of the following:
(i) An individual with a valid, current license to practice dentistry or dental hygiene in this state who utilizes and holds a permit under this part for a mobile dental facility. See Michigan Laws 333.21601Operator: means a person who owns or operates a campground, and includes the employees and agents of the person who owns or operates the campground. See Michigan Laws 554.651 Order: means a consent, authorization, approval, prohibition, or requirement applicable to a specific case issued by the department. See Michigan Laws 554.907 Oversight: Committee review of the activities of a Federal agency or program. Owner: means the person for whose property a receiver is appointed. See Michigan Laws 554.1012 paid signature gatherer: means an individual who is compensated, directly or indirectly, through payments of money or other valuable consideration to obtain signatures on a petition as described in section 471. See Michigan Laws 168.482d 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, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 554.909 Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Michigan Laws 554.1012 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 554.1052 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. 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 Preventative dental services: means dental services that include, but are not limited to, screening of a patient, assessment of a patient, prophylaxis, fluoride treatments, and application of sealants. See Michigan Laws 333.21601 primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7 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. Proceeds: means any of the following property:
(i) Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property. See Michigan Laws 554.1012Proceeds: means personal property that is received or collected on account of a tenant's obligation to pay rents. See Michigan Laws 554.1052 Property: means all of a person's right, title, and interest, both legal and equitable, in real property, personal property, and fixtures tangible and intangible, wherever located and however acquired. See Michigan Laws 554.1012 Publish: means to publicly issue or circulate by newspaper, mail, radio, television, or electronic means or otherwise to disseminate to the public. See Michigan Laws 554.909 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Receiver: means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, and, if authorized by this act or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property. See Michigan Laws 554.1012 Receivership: means a proceeding in which a receiver is appointed. See Michigan Laws 554.1012 Receivership property: means the property of an owner that is described in the order appointing a receiver or a subsequent order. See Michigan Laws 554.1012 Registrant: means a continuing care community registered under this act. See Michigan Laws 554.909 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. Rental agreement: means an agreement that establishes or modifies the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a rental unit. See Michigan Laws 554.601 Rental agreement: means a written agreement embodying the terms and conditions concerning the use and occupancy of residential premises, but does not include an agreement the terms of which are limited to 1 or more of the following: the identity of the parties, a description of the premises, the rental period, the total rental amount due, the amount of rental payments, and the times at which payments are due. See Michigan Laws 554.632 Rental agreement: means an agreement by which a person is obligated to pay rents to the assignor. See Michigan Laws 554.1052 Rental unit: means a structure or part of a structure used as a home, residence, or sleeping unit by a single person or household unit, or any grounds, or other facilities or area promised for the use of a residential tenant and includes, but without limitation, apartment units, boarding houses, rooming houses, mobile home spaces, and single and 2-family dwellings. See Michigan Laws 554.601 Rents: means all of the following:
(i) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real or personal property of another person. See Michigan Laws 554.1012Rents: means any of the following:
(i) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person. See Michigan Laws 554.1052Rescission: 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. Residential premises: includes an apartment unit, a boardinghouse, a rooming house, a mobile home, a mobile home space, and a single or multiple family dwelling, but does not include a hotel, a motel, motor home, or other tourist accommodation, when used as a temporary accommodation for guests or tourists, or premises used as the principal place of residence of the owner and rented occasionally during temporary absences including vacation or sabbatical leave. See Michigan Laws 554.632 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Sale of a continuing care agreement: means the execution of a continuing care agreement. See Michigan Laws 554.911 Screening of a patient: means screening, including state- or federally mandated screening, to determine an individual's need to be seen by a dentist for diagnosis. See Michigan Laws 333.21601 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSecured obligation: means an obligation the payment or performance of which is secured by a security agreement. See Michigan Laws 554.1012 Secured obligation: means an obligation the performance of which is secured by an assignment of rents. See Michigan Laws 554.1052 Secured party: means a person entitled to enforce a secured obligation or lien. See Michigan Laws 554.1012 Security agreement: means an agreement that creates or provides for a lien, including a mortgage. See Michigan Laws 554.1012 Security deposit: means a deposit, in any amount, paid by the tenant to the landlord or his or her agent to be held for the term of the rental agreement, or any part of the term, and includes any required prepayment of rent other than the first full rental period of the lease agreement; any sum required to be paid as rent in any rental period in excess of the average rent for the term; and any other amount of money or property returnable to the tenant on condition of return of the rental unit by the tenant in condition as required by the rental agreement. See Michigan Laws 554.601 Security instrument: means a document, however denominated, that creates or provides for a security interest in real property, including a land contract, whether or not it also creates or provides for a security interest in personal property. See Michigan Laws 554.1052 Security interest: means an interest in property that arises by agreement and secures performance of an obligation. See Michigan Laws 554.1052 Senior citizen housing: means housing for individuals 62 years of age or older that is subsidized in whole or in part under any local, state, or federal program. See Michigan Laws 554.601 Service of process: The service of writs or summonses to the appropriate party. 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 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 554.1012 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 554.1052 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 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Tenant: means a person who occupies a rental unit for residential purposes with the landlord's consent for an agreed upon consideration. See Michigan Laws 554.601 Tenant: means a person that has an obligation to pay sums for the right to possess or occupy, or for possessing or occupying, the real property of another person. See Michigan Laws 554.1052 Testator: A male person who leaves a will at death. 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 account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: shall be construed to include the district and territories. See Michigan Laws 8.3o 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.