Sections
STATE FAIR FOUNDATION BONDS 37.31 – 37.37
§ 37.01 Public Corporation
§ 37.02 Budget; Building Restrictions; Exemptions
§ 37.03 Membership
§ 37.04 Board of Managers
§ 37.05 Officers; Compensation; Expenses
§ 37.06 Secretary; Legislative Auditor; Duties; Report
§ 37.07 Monthly Statements by Secretary; Purchases, Expenditures
§ 37.13 Ownership of Money and Property; Capital Improvements
§ 37.14 Management of Property; General Offices
§ 37.15 Exhibitions
§ 37.16 Rules; Violation
§ 37.17 Shows, Exhibitions, Performances, Privileges
§ 37.18 Unlicensed or Improper Exhibition
§ 37.19 Contracts
§ 37.20 Special Peace Officers
§ 37.21 Sale of Liquors
§ 37.22 Lockup; Seizure of Liquors
§ 37.24 Unlawful Admissions
§ 37.25 Misdemeanors
§ 37.27 Fair Foundation

Terms Used In Minnesota Statutes > Chapter 37

  • Accuser: means a person who signs and swears to charges, any person who directs that charges be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused;

    (2) "Active state duty" means the same as state active service defined in section 190. See Minnesota Statutes 192A.015

  • Adult: means a person who is 18 years old or older and who:

    (1) has a mental illness, a developmental disability, a physical disability, or a functional impairment; or

    (2) is chemically dependent or abuses chemicals. See Minnesota Statutes 245A.02

  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • 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.
  • annually: means prior to or within the same month of the subsequent calendar year. See Minnesota Statutes 245A.02
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriate law enforcement agency: means the attorney general of the state of Minnesota, the sheriff of each county in which a pawnbroker maintains an office, or the police chief of the municipality or law enforcement officers of the municipality in which a pawnbroker maintains an office. See Minnesota Statutes 325J.01
  • 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.
  • Asymmetric cryptosystem: means an algorithm or series of algorithms that provide a secure key pair. See Minnesota Statutes 325K.01
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attest: means providing any of the following services:

    (1) an audit or other engagement performed in accordance with the Statements on Auditing Standards (SAS);

    (2) an audit or other engagement performed in accordance with the Generally Accepted Government Auditing Standards (GAGAS);

    (3) a review of a financial statement performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS);

    (4) an examination of prospective financial information performed in accordance with the Statements on Standards for Attestation Engagements (SSAE);

    (5) an engagement performed in accordance with the standards of the Public Company Accounting Oversight Board (PCAOB); and

    (6) an examination, review, or agreed-upon procedures engagement performed in accordance with SSAE, other than an examination described in clause (4). See Minnesota Statutes 326A.01

  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • 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.
  • Bench trial: Trial without a jury in which a judge decides the facts.
  • 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
  • Board: means the Minnesota Board of Accountancy established under section 326A. See Minnesota Statutes 326A.01
  • case manager: includes case management services as defined in Minnesota Rules, part Minnesota Statutes 245D.02
  • Certificate: means a computer-based record that:

    (1) identifies the certification authority issuing it;

    (2) names or identifies its subscriber;

    (3) contains the subscriber's public key; and

    (4) is digitally signed by the certification authority issuing it. See Minnesota Statutes 325K.01

  • Certificate: means a certificate as a certified public accountant issued under section 326A. See Minnesota Statutes 326A.01
  • Certification: means the commissioner's written authorization for a license holder to provide specialized services based on certification standards in section 245D. See Minnesota Statutes 245D.02
  • Certification authority: means a person who issues a certificate. See Minnesota Statutes 325K.01
  • Certification authority disclosure record: means an online, publicly accessible electronic record that concerns a licensed certification authority and is kept by the secretary. See Minnesota Statutes 325K.01
  • Certification practice statement: means a declaration of the practices that a certification authority employs in issuing certificates generally, or employed in issuing a material certificate. See Minnesota Statutes 325K.01
  • Certify: means to declare with reference to a certificate, with ample opportunity to reflect, and with a duty to apprise oneself of all material facts. See Minnesota Statutes 325K.01
  • Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child: means a person who has not reached age 18. See Minnesota Statutes 245A.02
  • Client: means a person or entity that agrees with a licensee, a person registered under section 326A. See Minnesota Statutes 326A.01
  • Code: means this chapter;

    (4) "Commanding officer" means a commissioned officer who is in command of any unit;

    (5) "Commissioned officer" includes a commissioned warrant officer;

    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;

    (7) "Enlisted member" means a person in an enlisted grade;

    (8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015

  • Commissioned officer: includes a commissioned warrant officer;

    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;

    (7) "Enlisted member" means a person in an enlisted grade;

    (8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015

  • Commissioner: means the commissioner of human services or the commissioner's designated representative including county agencies and private agencies. See Minnesota Statutes 245A.02
  • Commissioner: means the commissioner of the Department of Human Services or the commissioner's designated representative. See Minnesota Statutes 245D.02
  • Community residential setting: means a residential program as identified in section 245A. See Minnesota Statutes 245D.02
  • Compilation: means the provision of a service performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that presents in the form of financial statements information that is the representation of management or owners without undertaking to express any assurance on the statements. See Minnesota Statutes 326A.01
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confirm: means to ascertain through appropriate inquiry and investigation. See Minnesota Statutes 325K.01
  • Consumer: means a person who agrees to pay a fee to an Internet service provider for access to the Internet for personal, family, or household purposes, and who does not resell access. See Minnesota Statutes 325M.01
  • 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.
  • Coordinated service and support plan: has the meaning given in sections 256B. See Minnesota Statutes 245D.02
  • Coordinated service and support plan addendum: means the documentation that this chapter requires of the license holder for each person receiving services. See Minnesota Statutes 245D.02
  • 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 administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
  • CPA firm: means a sole proprietorship, a corporation, a partnership, or any other form of organization issued a permit under section 326A. See Minnesota Statutes 326A.01
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day services facility: means a facility licensed according to this chapter at which persons receive day services licensed under this chapter from the license holder's direct support staff for a cumulative total of more than 30 days within any 12-month period and the license holder is the owner, lessor, or tenant of the facility. See Minnesota Statutes 245D.02
  • 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 Department of Human Services. See Minnesota Statutes 245D.02
  • 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.
  • digitally signed: means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine:

    (1) whether the transformation was created using the private key that corresponds to the signer's public key; and

    (2) whether the initial message has been altered since the transformation was made. See Minnesota Statutes 325K.01

  • direct support: as used in this chapter and chapters 257, 518, 518A, and 518C refers to an assigned support payment from an obligor which is paid directly to a recipient of public assistance. See Minnesota Statutes 256.741
  • 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:
  • Emergency: means any event that affects the ordinary daily operation of the program including, but not limited to, fires, severe weather, natural disasters, power failures, or other events that threaten the immediate health and safety of a person receiving services and that require calling 911, emergency evacuation, moving to an emergency shelter, or temporary closure or relocation of the program to another facility or service site for more than 24 hours. See Minnesota Statutes 245D.02
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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.
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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.
  • Federal active service: has the meaning given in section 190. See Minnesota Statutes 192A.015
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means a national or state-chartered commercial bank or trust company, savings bank, savings association, or credit union authorized to do business in the state of Minnesota and the deposits of which are federally insured. See Minnesota Statutes 325K.01
  • 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
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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;

    (10) "In federal service" and "not in federal service" mean the same as those terms are used and construed in federal laws and regulations;

    (11) "May" is used in a permissive sense. See Minnesota Statutes 192A.015

  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Hold a private key: means to be authorized to utilize a private key. See Minnesota Statutes 325K.01
  • Holiday: includes New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. See Minnesota Statutes 645.44
  • Home and community-based services: means the services identified in section 245D. See Minnesota Statutes 245D.02
  • Incident: means an occurrence which involves a person and requires the program to make a response that is not a part of the program's ordinary provision of services to that person, and includes:

    (1) serious injury of a person as determined by section 245. See Minnesota Statutes 245D.02

  • 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.
  • Individual who is related: means a spouse, a parent, a birth or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece, a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian. See Minnesota Statutes 245A.02
  • Infant: means a child who is at least six weeks old but less than 12 months old. See Minnesota Statutes 245A.02
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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
  • Internet service provider: means a business or person who provides consumers authenticated access to, or presence on, the Internet by means of a switched or dedicated telecommunications channel upon which the provider provides transit routing of Internet Protocol (IP) packets for and on behalf of the consumer. See Minnesota Statutes 325M.01
  • 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.
  • Key pair: means a private key and its corresponding public key in an asymmetric cryptosystem, keys which have the property that the public key can verify a digital signature that the private key creates. See Minnesota Statutes 325K.01
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a certificate issued under section 326A. See Minnesota Statutes 326A.01
  • License: means a certificate issued by the commissioner under section 245A. See Minnesota Statutes 245A.02
  • License: has the meaning given in section 245A. See Minnesota Statutes 245D.02
  • License holder: means an individual, organization, or government entity that is legally responsible for the operation of the program or service, and has been granted a license by the commissioner under this chapter and the rules of the commissioner. See Minnesota Statutes 245A.02
  • License holder: has the meaning given in section 245A. See Minnesota Statutes 245D.02
  • Licensed certification authority: means a certification authority to whom a license has been issued by the secretary and whose license is in effect, or a certification authority who operates under a license issued by a governmental entity which has been certified pursuant to section 325K. See Minnesota Statutes 325K.01
  • Licensee: means the holder of a license. See Minnesota Statutes 326A.01
  • 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.
  • Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
  • Manager: means a manager of a limited liability company. See Minnesota Statutes 326A.01
  • medication: includes dietary supplements. See Minnesota Statutes 245D.02
  • Member: means a member of a limited liability company. See Minnesota Statutes 326A.01
  • Mental health crisis intervention team: means a mental health crisis response provider as identified in section 256B. See Minnesota Statutes 245D.02
  • Message: means a digital representation of information. See Minnesota Statutes 325K.01
  • Military: refers to any or all of the armed forces of the United States or any state;

    (13) "Military court" means a court-martial, a court of inquiry;

    (14) "Officer" means commissioned or warrant officer;

    (15) "Rank" means the order of precedence among members of the state military forces;

    (16) "Shall" is used in a mandatory sense;

    (17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015

  • Military court: means a court-martial, a court of inquiry;

    (14) "Officer" means commissioned or warrant officer;

    (15) "Rank" means the order of precedence among members of the state military forces;

    (16) "Shall" is used in a mandatory sense;

    (17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015

  • Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means any town, home rule charter or statutory city, or county that elects to regulate and license pawnbrokers within its jurisdiction pursuant to local ordinance. See Minnesota Statutes 325J.01
  • 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.
  • Notify: means to communicate a fact to another person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other person. See Minnesota Statutes 325K.01
  • Oath: includes "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases "swear" includes "affirm" and "sworn" "affirmed. See Minnesota Statutes 645.44
  • 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.
  • Operative personnel: means one or more natural persons acting as a certification authority or its agent, or in the employment of, or under contract with, a certification authority, and who have duties directly involving the issuance of certificates, creation of private keys, or administration of a certification authority's computing facilities. See Minnesota Statutes 325K.01
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Ordinary course of business: means debt-collection activities, order fulfillment, request processing, or the transfer of ownership. See Minnesota Statutes 325M.01
  • Organization: means a domestic or foreign corporation, nonprofit corporation, limited liability company, partnership, limited partnership, limited liability partnership, association, voluntary association, and any other legal or commercial entity. See Minnesota Statutes 245A.02
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • Pawn transaction: means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. See Minnesota Statutes 325J.01
  • pawnbroker: means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. See Minnesota Statutes 325J.01
  • Pawnshop: means the location at which or premises in which a pawnbroker regularly conducts business. See Minnesota Statutes 325J.01
  • Peer review: means an independent study, appraisal, or review of one or more aspects of the professional work of a licensee or CPA firm that issues attest or compilation reports, or the professional work of a person registered under section 326A. See Minnesota Statutes 326A.01
  • Permit: means a permit to practice as a CPA firm issued under section 326A. See Minnesota Statutes 326A.01
  • Person: means an individual, partnership, corporation, limited liability company, joint venture, trust, association, or any other legal entity, however organized. See Minnesota Statutes 325J.01
  • Person: means a human being or an organization capable of signing a document, either legally or as a matter of fact. See Minnesota Statutes 325K.01
  • Person: means a child or adult as defined in subdivisions 2 and 4. See Minnesota Statutes 245A.02
  • Person: has the meaning given in section 245A. See Minnesota Statutes 245D.02
  • Personally identifiable information: means information that identifies:

    (1) a consumer by physical or electronic address or telephone number;

    (2) a consumer as having requested or obtained specific materials or services from an Internet service provider;

    (3) Internet or online sites visited by a consumer; or

    (4) any of the contents of a consumer's data-storage devices. See Minnesota Statutes 325M.01

  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Physician: means a person who is licensed under chapter 147. See Minnesota Statutes 245D.02
  • 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.
  • Pledged goods: means tangible personal property other than choses in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. See Minnesota Statutes 325J.01
  • 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.
  • Principal place of business: means the office location designated by the licensee for purposes of substantial equivalency and reciprocity. See Minnesota Statutes 326A.01
  • Private key: means the key of a key pair used to create a digital signature. See Minnesota Statutes 325K.01
  • 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.
  • Professional: means arising out of or related to the specialized knowledge or skills associated with certified public accountants or persons registered under section 326A. See Minnesota Statutes 326A.01
  • Program: means either the nonresidential or residential program as defined in section 245A. See Minnesota Statutes 245D.02
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • public assistance: as used in this chapter and chapters 257, 518, 518A, and 518C, includes any form of assistance provided under the AFDC program formerly codified in sections 256. See Minnesota Statutes 256.741
  • Public key: means the key of a key pair used to verify a digital signature. See Minnesota Statutes 325K.01
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Publish: means to record or file in a repository. See Minnesota Statutes 325K.01
  • Qualified right to payment: means an award of damages against a licensed certification authority by a court having jurisdiction over the certification authority in a civil action for violation of this chapter. See Minnesota Statutes 325K.01
  • 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.
  • Recipient: means a person who has received a certificate and a digital signature verifiable with reference to a public key listed in the certificate and is in a position to rely on it. See Minnesota Statutes 325K.01
  • Recognized repository: means a repository recognized by the secretary under section 325K. See Minnesota Statutes 325K.01
  • Recommended reliance limit: means the monetary amount recommended for reliance on a certificate under section 325K. See Minnesota Statutes 325K.01
  • 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.
  • report: includes any form of language that disclaims an opinion when the form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person or firm issuing the language. See Minnesota Statutes 326A.01
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Repository: means a system for storing and retrieving certificates and other information relevant to digital signatures. See Minnesota Statutes 325K.01
  • 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.
  • Revoke a certificate: means to make a certificate ineffective permanently from a specified time forward. See Minnesota Statutes 325K.01
  • School age: means a child who is at least five years of age, but is younger than 11 years of age. See Minnesota Statutes 245A.02
  • Secretary: means the Minnesota secretary of state. See Minnesota Statutes 325K.01
  • Service: means care, training, supervision, counseling, consultation, or medication assistance assigned to the license holder in the coordinated service and support plan. See Minnesota Statutes 245D.02
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service site: means the location where the service is provided to the person, including, but not limited to, a facility licensed according to chapter 245A; a location where the license holder is the owner, lessor, or tenant; a person's own home; or a community-based location. See Minnesota Statutes 245D.02
  • 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.
  • Small business: means a business entity organized for profit, including but not limited to any individual, partnership, corporation, joint venture, association or cooperative, which entity:

    (1) is not an affiliate or subsidiary of a business dominant in its field of operation; and

    (2) has 20 or fewer full-time employees; or

    (3) in the preceding fiscal year has not had more than the equivalent of $1,000,000 in annual gross revenues; or

    (4) if the business is a technical or professional service, shall not have had more than the equivalent of $2,500,000 in annual gross revenues in the preceding fiscal year. See Minnesota Statutes 645.445

  • staff: means employees of the license holder who have direct contact with persons served by the program and includes temporary staff or subcontractors, regardless of employer, providing program services for hire under the control of the license holder who have direct contact with persons served by the program. See Minnesota Statutes 245D.02
  • State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See Minnesota Statutes 326A.01
  • State military forces: means the National Guard of the state, as defined in United States Code, title 32, section 101(3) and any other military force organized under the laws of the state;

    (19) "Superior commissioned officer" means a commissioned officer superior in rank and command. See Minnesota Statutes 192A.015

  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber: means a person who:

    (1) is the subject listed in a certificate;

    (2) accepts the certificate; and

    (3) holds a private key that corresponds to a public key listed in that certificate. See Minnesota Statutes 325K.01

  • Substantial equivalency: is a determination by the Board of Accountancy or its designee that the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the education requirements in section 326A. See Minnesota Statutes 326A.01
  • Suitable guaranty: means :

    (1) a surety bond or an irrevocable letter of credit issued for the benefit of persons holding qualified rights of payment against the licensed certification authority named as the principal of the bond or the customer of the letter of credit; or

    (2) a policy of insurance that provides that claims may be made and resolved without obtaining a qualified right to payment. See Minnesota Statutes 325K.01

  • Summary suspension: means a temporary rescission of a certification authority's license by order of the secretary. See Minnesota Statutes 325K.01
  • Summons: Another word for subpoena used by the criminal justice system.
  • supervision: means when a program staff person:

    (1) is accountable for the child's care;

    (2) can intervene to protect the health and safety of the child; and

    (3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (d). See Minnesota Statutes 245A.02

  • Supervision: means :

    (1) oversight by direct support staff as specified in the person's coordinated service and support plan or coordinated service and support plan addendum and awareness of the person's needs and activities;

    (2) responding to situations that present a serious risk to the health, safety, or rights of the person while services are being provided; and

    (3) the presence of direct support staff at a service site while services are being provided, unless a determination has been made and documented in the person's coordinated service and support plan or coordinated service and support plan addendum that the person does not require the presence of direct support staff while services are being provided. See Minnesota Statutes 245D.02

  • Suspend a certificate: means to make a certificate ineffective temporarily for a specified time forward. See Minnesota Statutes 325K.01
  • Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • this state: means the state of Minnesota. See Minnesota Statutes 326A.01
  • 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.
  • Transactional certificate: means a valid certificate incorporating by reference one or more of the digital signatures. See Minnesota Statutes 325K.01
  • 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.
  • 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.
  • Trustworthy system: means computer hardware and software that:

    (1) are reasonably secure from intrusion and misuse;

    (2) provide a reasonable level of availability, reliability, and correct operation; and

    (3) are reasonably suited to performing their intended functions. See Minnesota Statutes 325K.01

  • 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
  • Valid certificate: means a certificate that:

    (1) a licensed certification authority has issued;

    (2) the subscriber listed in it has accepted;

    (3) has not been revoked or suspended; and

    (4) has not expired. See Minnesota Statutes 325K.01

  • 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.
  • Venue: The geographical location in which a case is tried.
  • verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
  • Verify a digital signature: means , in relation to a given digital signature, message, and public key, to determine accurately that:

    (1) the digital signature was created by the private key corresponding to the public key; and

    (2) the message has not been altered since its digital signature was created. See Minnesota Statutes 325K.01

  • Violate: includes failure to comply with. See Minnesota Statutes 645.44
  • Volunteer: means an individual who, under the direction of the license holder, provides direct services without pay to a person served by the license holder. See Minnesota Statutes 245D.02
  • Wetlands: means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. See Minnesota Statutes 645.44
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.