Terms Used In Ohio Code > Chapter 103 - Legislative Services

• Accidental release: means an unanticipated emission of a regulated substance into the ambient air from a stationary source. See Ohio Code 3753.01
• Accredited laboratory: means a laboratory that is accredited as follows:

  (1) For analysis of asbestos, valid accreditation by one of the following:

  (a) The American industrial hygiene association, asbestos analysts registry;

  (b) The national institute of standards technology, national voluntary laboratory accreditation program for asbestos fiber analysis;

  (c) An accreditation body recognized by the national environmental laboratory accreditation conference. See Ohio Code 3746.01

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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.
• 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.
• Affiliated: means under common ownership or control. See Ohio Code 3746.01
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Affordable Care Act: means the "Patient Protection and Affordable Care Act" 124 Stat. See Ohio Code 3905.01
• Agency: means the environmental protection agency. See Ohio Code 3734.01
• Agency of the state: includes , but is not limited to, an agency subject to Chapter 119 of the Revised Code and a state university or college as defined in section 3345. See Ohio Code 3736.01
• Agent: means any person licensed by a county auditor or the tax commissioner to purchase and affix adhesive or meter stamps on packages of cigarettes pursuant to Chapter 5743. See Ohio Code 3739.01
• agent: means any person that, in order to sell, solicit, or negotiate insurance, is required to be licensed under the laws of this state, including limited lines insurance agents and surplus line brokers. See Ohio Code 3905.01
• agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
• 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.
• Amortization: Paying off a loan by regular installments.
• Annual financial statement: means an insurer's statutorily required financial statement under the insurer's respective authorizing chapter of the Revised Code. See Ohio Code 3906.01
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• 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.
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• anything of value: includes :

  (A) Money, bank bills or notes, United States treasury notes, and other bills, bonds, or notes issued by lawful authority and intended to pass and circulate as money;

  (B) Goods and chattels;

  (C) Promissory notes, bills of exchange, orders, drafts, warrants, checks, or bonds given for the payment of money;

  (D) Receipts given for the payment of money or other property;

  (E) Rights in action;

  (F) Things which savor of the realty and are, at the time they are taken, a part of the freehold, whether they are of the substance or produce thereof or affixed thereto, although there may be no interval between the severing and taking away;

  (G) Any interest in realty, including fee simple and partial interests, present and future, contingent or vested interests, beneficial interests, leasehold interests, and any other interest in realty;

  (H) Any promise of future employment;

  (I) Every other thing of value. See Ohio Code 1.03

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means any person who applies to the commission for a license under this chapter. See Ohio Code 3772.01
• Applicant: means a person that applies to the Ohio casino control commission for a license under this chapter. See Ohio Code 3775.01
• Appraisal: A determination of property value.
• 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
• Approved cost: includes all debt service and interest costs that are associated with a capital improvement or new race track and that the racing commission approves for a tax reduction under division (J) of this section. See Ohio Code 3769.08
• Arrest: Taking physical custody of a person by lawful authority.
• Asbestos-containing material: means any material that contains more than one per cent by weight of asbestos. See Ohio Code 3752.01
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistant fire marshal: means any person who is employed by the fire marshal and who carries out specific duties assigned by the fire marshal, including, but not limited to, enforcement of Chapters 3731. See Ohio Code 3737.01
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Background level: includes naturally occurring substances. See Ohio Code 3746.01
• 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.
• 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.
• Beneficially use: includes :

  (1) With regard to scrap tires, to use a scrap tire in a manner that results in a commodity for sale or exchange or in any other manner authorized as a beneficial use in rules adopted by the director in accordance with Chapter 119 of the Revised Code;

  (2) With regard to material from a horizontal well that has come in contact with a refined oil-based substance and that is not technologically enhanced naturally occurring radioactive material, to use the material in any manner authorized as a beneficial use in rules adopted by the director under section 3734. See Ohio Code 3734.01

• 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.
• bet: means to risk a sum of money or thing of value on an uncertain occurrence. See Ohio Code 3775.01
• Blighted parcel: means either of the following:

  (1) A parcel that has one or more of the following conditions:

  (a) A structure that is dilapidated, unsanitary, unsafe, or vermin infested and that because of its condition has been designated by an agency that is responsible for the enforcement of housing, building, or fire codes as unfit for human habitation or use;

  (b) The property poses a direct threat to public health or safety in its present condition by reason of environmentally hazardous conditions, solid waste pollution, or contamination;

  (c) Tax or special assessment delinquencies exceeding the fair value of the land that remain unpaid thirty-five days after notice to pay has been mailed. See Ohio Code 1.08

• Board of health: means the board of health of a city or general health district or the authority having the duties of a board of health in any city as authorized by section 3709. See Ohio Code 3734.01
• Board of health: means the board of health of a city or general health district or the authority having the duties of a board of health under section 3709. See Ohio Code 3742.01
• Board of health: means the board of health of a city or general health district or the authority having the duties of a board of health under section 3709. See Ohio Code 3730.01
• Body piercing: includes ear piercing except when the ear piercing procedure is performed with an ear piercing gun. See Ohio Code 3730.01
• Bond: includes an undertaking. See Ohio Code 1.02
• Brand family: means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol" "lights" "kings" and "100s. See Ohio Code 3739.01
• Business: means any entity that provides services for compensation. See Ohio Code 3730.01
• Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. See Ohio Code 3905.01
• Byproduct material: means either of the following:

  (1) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to radiation incident to the process of producing or utilizing special nuclear material;

  (2) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content. See Ohio Code 3748.01

• Capital improvement: means an addition, replacement, or remodeling of a structural unit of a race track facility costing at least one hundred thousand dollars, including, but not limited to, the construction of barns used exclusively for the race track facility, backstretch facilities for horsemen, paddock facilities, new pari-mutuel and totalizator equipment and appurtenances to that equipment purchased by the track, new access roads, new parking areas, the complete reconstruction, reshaping, and leveling of the racing surface and appurtenances, the installation of permanent new heating or air conditioning, roof replacement or restoration, installations of a permanent nature forming a part of the track structure, and construction of buildings that are located on a permit holder's premises. See Ohio Code 3769.08
• Casino control commission fund: means the casino control commission fund described in Section 6(C)(3)(d) of Article XV, Ohio Constitution, the money in which shall be used to fund the commission and its related affairs. See Ohio Code 3772.01
• Casino facility: means a casino facility as defined in Section 6(C)(9) of Article XV, Ohio Constitution. See Ohio Code 3772.01
• Casino game: means any slot machine or table game as defined in this chapter. See Ohio Code 3772.01
• Casino gaming: means any type of slot machine or table game wagering, using money, casino credit, or any representative of value, authorized in any of the states of Indiana, Michigan, Pennsylvania, and West Virginia as of January 1, 2009, and includes slot machine and table game wagering subsequently authorized by, but shall not be limited by, subsequent restrictions placed on such wagering in such states. See Ohio Code 3772.01
• Casino gaming employee: means any employee of a casino operator or management company, but not a key employee, and as further defined in section 3772. See Ohio Code 3772.01
• Casino operator: means any person, trust, corporation, partnership, limited partnership, association, limited liability company, or other business enterprise that directly or indirectly holds an ownership or leasehold interest in a casino facility. See Ohio Code 3772.01
• Central system: means a computer system that provides the following functions related to casino gaming equipment used in connection with casino gaming authorized under this chapter: security, auditing, data and information retrieval, and other purposes deemed necessary and authorized by the commission. See Ohio Code 3772.01
• Certified laboratory: means a laboratory that was certified to perform analyses in connection with voluntary actions before the effective date of this amendment . See Ohio Code 3746.01
• Certified nurse practitioner: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a certified nurse practitioner in accordance with section 4723. See Ohio Code 1.64
• Certified nurse-midwife: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a certified nurse-midwife in accordance with section 4723. See Ohio Code 1.64
• Certified professional: means a person certified by the director pursuant to rules adopted under division (B)(5) of section 3746. See Ohio Code 3746.01
• Certified radiation expert: means an individual who has complied with all of the following:

  (1) Applied to the director of health for certification as a radiation expert under section 3748. See Ohio Code 3748.01

• Cessation of regulated operations: means the discontinuation or termination of regulated operations or the finalizing of any transaction or proceeding through which those operations are discontinued. See Ohio Code 3752.01
• Chambers: A judge's office.
• Child: includes child by adoption. See Ohio Code 1.59
• Child care facility: means each area of any of the following in which child care, as defined in section 5104. See Ohio Code 3742.01
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Clean Air Act Amendments: means the "Clean Air Act Amendments of 1990" 91 Stat. See Ohio Code 3753.01
• Clearance examination: means an examination to determine whether the lead hazards in a residential unit, child care facility, or school have been sufficiently controlled. See Ohio Code 3742.01
• Clearance technician: means a person, other than a licensed lead inspector or licensed lead risk assessor, who performs a clearance examination. See Ohio Code 3742.01
• Clinical laboratory: means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination of substances derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease, or in the assessment or impairment of the health of human beings. See Ohio Code 3742.01
• Clinical nurse specialist: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a clinical nurse specialist in accordance with section 4723. See Ohio Code 1.64
• Closure: includes measures performed to protect public health or safety, to prevent air or water pollution, or to make the facility suitable for other uses, if any, including, but not limited to, the removal of processing residues resulting from solid wastes that consist of scrap tires; the establishment and maintenance of a suitable cover of soil and vegetation over cells in which hazardous waste or solid wastes are buried; minimization of erosion, the infiltration of surface water into such cells, the production of leachate, and the accumulation and runoff of contaminated surface water; the final construction of facilities for the collection and treatment of leachate and contaminated surface water runoff, except as otherwise provided in this division; the final construction of air and water quality monitoring facilities, except as otherwise provided in this division; the final construction of methane gas extraction and treatment systems; or the removal and proper disposal of hazardous waste or solid wastes from a facility when necessary to protect public health or safety or to abate or prevent air or water pollution. See Ohio Code 3734.01
• Collegiate sport or athletic event: means a sport or athletic event offered or sponsored by, or played in connection with, a public or private institution that offers educational services beyond the secondary level. See Ohio Code 3775.01
• Commission: means the Ohio casino control commission. See Ohio Code 3772.01
• Commission: means the Ohio casino control commission. See Ohio Code 3774.01
• Commission: means the Ohio casino control commission. See Ohio Code 3775.01
• 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.
• company: includes corporations and associations. See Ohio Code 3915.01
• 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.
• Confidential business information: means the types or categories of information identified in rules adopted under division (B)(1)(h) of section 3750. See Ohio Code 3750.01
• Confidential business information: means the types or categories of information identified in rules adopted by the administrator of the United States environmental protection agency under EPCRA. See Ohio Code 3751.01
• Construction equipment: means road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work, or in mining or producing or processing aggregates, and not designed for or used in general highway transportation. See Ohio Code 3734.01
• Consumer goods: means any item sold, leased, or rented primarily for personal or household use. See Ohio Code 3737.01
• 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.
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Covenant not to sue: means a release from liability that is issued by the director under section 3746. See Ohio Code 3746.01
• Covered: means that an insurer owns, or can immediately acquire through the exercise of options, warrants, or conversion rights already owned, the underlying interest in order to fulfill or secure its obligation under the option, cap, or floor it has written. See Ohio Code 3906.01
• Covered process: means a process that has a regulated substance present in an amount that is in excess of the threshold quantity established in rules adopted under section 3753. See Ohio Code 3753.01
• Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decommissioning: means to safely remove any licensed operation from service and reduce residual radioactivity to a level that permits release of the licensee's property for unrestricted use. See Ohio Code 3748.01
• 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.
• 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.
• Derivative transaction: means a transaction involving the use of one or more derivative instruments. See Ohio Code 3906.01
• Devise: To gift property by will.
• Direct care: means any of the following:

  (1) Any service identified in divisions (G)(1) to (6) of this section that is provided in a patient's place of residence used as the patient's home;

  (2) Any activity that requires the person performing the activity to be routinely alone with a patient or to routinely have access to a patient's personal property or financial documents regarding a patient;

  (3) For each home health agency individually, any other routine service or activity that the chief administrator of the home health agency designates as direct care. See Ohio Code 3740.01

• Direct exchange: means the activity of electronic transmission of health information through a direct connection between the electronic record systems of health care providers without the use of a health information exchange. See Ohio Code 3798.01
• Director: means the director of environmental protection. See Ohio Code 3734.01
• Director of health: includes a designee or authorized representative of the director. See Ohio Code 3748.01
• Discharge site: means an area immediately surrounding the mortars used to fire aerial shells. See Ohio Code 3743.01
• 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:
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any solid wastes or hazardous waste into or on any land or ground or surface water or into the air, except if the disposition or placement constitutes storage or treatment or, if the solid wastes consist of scrap tires, the disposition or placement constitutes a beneficial use or occurs at a scrap tire recovery facility licensed under section 3734. See Ohio Code 3734.01
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Drug database: means the database established and maintained by the state board of pharmacy pursuant to section 4729. See Ohio Code 3796.01
• Dwelling unit: means an accommodation room within a hotel that contains independent provisions for living, eating, cooking, sleeping, and sanitation. See Ohio Code 3731.01
• Ear piercing gun: means a mechanical device that pierces the ear by forcing a disposable single-use stud or solid needle through the ear. See Ohio Code 3730.01
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency planning district: means an emergency planning district or joint emergency planning district designated under section 3750. See Ohio Code 3750.01
• Employee: means a person employed by a home health agency in a full-time, part-time, or temporary position that involves providing direct care to an individual and a person who works in such a position due to being referred to a home health agency by an employment service. See Ohio Code 3740.01
• Employee: means a person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer for compensation or for no compensation. See Ohio Code 3794.01
• Employer: means the state or any individual, business, association, political subdivision, or other public or private entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees. See Ohio Code 3794.01
• Encapsulation: means the coating and sealing of surfaces with durable surface coating specifically formulated to be elastic, able to withstand sharp and blunt impacts, long-lasting, and resilient, while also resistant to cracking, peeling, algae, fungus, and ultraviolet light, so as to prevent any part of lead-containing paint from becoming part of house dust or otherwise accessible to children. See Ohio Code 3742.01
• Enclosed Area: means an area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one. See Ohio Code 3794.01
• Enclosure: means the resurfacing or covering of surfaces with durable materials such as wallboard or paneling, and the sealing or caulking of edges and joints, so as to prevent or control chalking, flaking, peeling, scaling, or loose lead-containing substances from becoming part of house dust or otherwise accessible to children. See Ohio Code 3742.01
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• Enterprise: means a business with its principal place of business in this state and that proposes to engage in research and development or recycling in this state. See Ohio Code 3736.01
• 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.
• Entry fee: means cash or cash equivalent that a fantasy contest operator requires to be paid by a fantasy contest player to participate in a fantasy contest. See Ohio Code 3774.01
• Environmental lead analytical laboratory: means a facility that analyzes air, dust, soil, water, paint, film, or other substances, other than substances derived from the human body, for the presence and concentration of lead. See Ohio Code 3742.01
• Environmental receptor: means natural areas such as national or state parks, forests, or natural monuments; federally designated or state-designated wildlife sanctuaries, preserves, refuges, or areas; and federal wilderness areas, that could be exposed at any time to toxic concentrations, radiant heat, or overpressure greater than or equal to the endpoints prescribed in rules adopted under section 3753. See Ohio Code 3753.01
• EPCRA: means the "Emergency Planning and Community Right-To-Know Act of 1986" 100 Stat. See Ohio Code 3751.01
• 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.
• Esports event: means an organized video game competition that is regulated by a sports governing body and that is held between professional players who play individually or as teams. See Ohio Code 3775.01
• Establishment: means an economic unit generally at a single physical location where business is conducted or where services or industrial operations are performed. See Ohio Code 3752.01
• 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.
• Exchange: means a health benefit exchange established by the state government of Ohio or an exchange established by the United States department of health and human services in accordance with the "Patient Protection and Affordable Care Act" 124 Stat. See Ohio Code 3905.01
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• Extended stay hotel: means any structure consisting of one or more buildings, with more than five dwelling units, and to which all of the following apply:

  (a) The dwelling units in the structure are specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where temporary residence is offered for pay to persons. See Ohio Code 3731.01

• Extremely hazardous substance: means a substance identified or listed by the rules adopted under division (B)(1)(a) or (C)(5) of section 3750. See Ohio Code 3750.01
• Facility: means any site, location, tract of land, installation, or building used for incineration, composting, sanitary landfilling, or other methods of disposal of solid wastes or, if the solid wastes consist of scrap tires, for the collection, storage, or processing of the solid wastes; for the transfer of solid wastes; for the treatment of infectious wastes; or for the storage, treatment, or disposal of hazardous waste. See Ohio Code 3734.01
• facility: means the state, any political subdivision, person, public or private institution, or group, or any unit of one of those entities, but does not include the federal government or any of its agencies. See Ohio Code 3748.01
• Facility: means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by, or is under common control with such person. See Ohio Code 3750.01
• Facility: means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by, or is under common control with such person. See Ohio Code 3751.01
• Facility: means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person. See Ohio Code 3752.01
• 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.
• Fantasy contest: means a simulated game or contest with an entry fee that satisfies all of the following conditions:

  (1) The value of all prizes and awards offered to winning fantasy contest players is established and made known to the players in advance of the contest. See Ohio Code 3774.01

• Fantasy contest operator: means a person that offers fantasy contests with an entry fee for a prize or award to the general public. See Ohio Code 3774.01
• Fantasy contest platform: means any digital or online method through which a fantasy contest operator provides access to a fantasy contest. See Ohio Code 3774.01
• Fantasy contest player: means a person who participates in a fantasy contest offered by a fantasy contest operator. See Ohio Code 3774.01
• 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}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fire agency: means any state or local fire service or agency whose function is to examine the property of another person for the purpose of identifying fire safety hazards. See Ohio Code 3737.01
• Fire department: means a fire department of a municipal corporation or township, a township fire district, a joint township fire district, a private fire company or volunteer fire company that has entered into an agreement for the use and operation of fire-fighting equipment with a municipal corporation, township, township fire district, or joint township fire district or, in a municipal corporation or township where no such fire department or district exists and no such agreement is in effect, the fire prevention officer of the municipal corporation or township. See Ohio Code 3750.01
• Fire safety inspector: means any person who is a member of the civil service, as defined in section 124. See Ohio Code 3737.01
• Fireworks: means any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, except ordinary matches and except as provided in section 3743. See Ohio Code 3743.01
• Fireworks incident: means any action or omission that occurs at a fireworks exhibition, that results in injury or death, or a substantial risk of injury or death, to any person, and that involves either of the following:

  (1) The handling or other use, or the results of the handling or other use, of fireworks or associated equipment or other materials;

  (2) The failure of any person to comply with any applicable requirement imposed by this chapter or any applicable rule adopted under this chapter. See Ohio Code 3743.01

• Fireworks incident site: means a discharge site or other location at a fireworks exhibition where a fireworks incident occurs, a location where an injury or death associated with a fireworks incident occurs, or a location where evidence of a fireworks incident or an injury or death associated with a fireworks incident is found. See Ohio Code 3743.01
• Fireworks plant: means all buildings and other structures in which the manufacturing of fireworks, or the storage or sale of manufactured fireworks by a manufacturer, takes place. See Ohio Code 3743.01
• First response equipment: means equipment, other than emergency response and firefighting vehicles, designed primarily for the purpose of facilitating the safe and efficient response to unanticipated and unauthorized releases of hazardous substances and extremely hazardous substances. See Ohio Code 3750.01
• 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.
• Forbearance: A means of handling a delinquent loan. A
• 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}
• Fountain device: means a specific type of 1. See Ohio Code 3743.01
• Fraud: Intentional deception resulting in injury to another.
• Gaming agent: means a peace officer employed by the commission that is vested with duties to enforce this chapter and conduct other investigations into the conduct of the casino gaming and the maintenance of the equipment that the commission considers necessary and proper and is in compliance with section 109. See Ohio Code 3772.01
• Gaming-related vendor: means any individual, partnership, corporation, association, trust, or any other group of individuals, however organized, who supplies gaming-related equipment, goods, or services to a casino operator or management company, that are directly related to or affect casino gaming authorized under this chapter, including, but not limited to, the manufacture, sale, distribution, or repair of slot machines and table game equipment. See Ohio Code 3772.01
• 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
• Gasification: means a process through which recoverable feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere, and the mixture is converted into fuel, including ethanol and transportation fuel, chemicals, or other chemical feedstocks. See Ohio Code 3734.01
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Handle: means receive, possess, use, store, transfer, install, service, or dispose of sources of radiation unless possession is solely for the purpose of transportation. See Ohio Code 3748.01
• Handler: means a facility that handles sources of radiation unless possession is solely for the purpose of transportation. See Ohio Code 3748.01
• Hazardous chemical: has the meaning given to that term in 29 C. See Ohio Code 3750.01
• Hazardous chemical: means a substance identified or listed in rules adopted under division (B)(1)(b) of section 3750. See Ohio Code 3752.01
• Hazardous substance: includes all of the following:

  (1) Any substance identified or listed in rules adopted under division (B)(1)(c) of section 3750. See Ohio Code 3746.01

• Hazardous substance: means a substance identified or listed by the rules adopted under division (B)(1)(c) or (C)(5) of section 3750. See Ohio Code 3750.01
• Hazardous waste: includes any substance identified by regulation as hazardous waste under the "Resource Conservation and Recovery Act of 1976" 90 Stat. See Ohio Code 3734.01
• Hazardous waste: means a substance identified or listed in rules adopted under division (A) of section 3734. See Ohio Code 3752.01
• Health district: means a city or general health district as created by or under authority of Chapter 3709 of the Revised Code. See Ohio Code 3734.01
• Health information exchange: means any person or governmental entity that provides in this state a technical infrastructure to connect computer systems or other electronic devices used by covered entities to facilitate the secure transmission of health information. See Ohio Code 3798.01
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Hedging transaction: means a derivative transaction that is entered into and maintained to reduce either of the following:

  (1) The risk of economic loss due to a change in the value, yield, price, cash flow, or quantity of assets or liabilities that the insurer has acquired or incurred or anticipates acquiring or incurring;

  (2) The currency exchange rate risk or the degree of exposure as to assets or liabilities that an insurer has acquired or incurred or anticipates acquiring or incurring. See Ohio Code 3906.01

• Highway: means any public street, road, alley, way, lane, or other public thoroughfare. See Ohio Code 3743.01
• HIPAA privacy rule: means the standards for privacy of individually identifiable health information in 45 C. See Ohio Code 3798.01
• Holding company: means any corporation, firm, partnership, limited partnership, limited liability company, trust, or other form of business organization not a natural person which directly or indirectly does any of the following:

  (1) Has the power or right to control a casino operator, management company, or gaming-related vendor license applicant or licensee;

  (2) Holds an ownership interest of five per cent or more, as determined by the commission, in a casino operator, management company, or gaming-related vendor license applicant or licensee;

  (3) Holds voting rights with the power to vote five per cent or more of the outstanding voting rights of a casino operator, management company, or gaming-related vendor applicant or licensee. See Ohio Code 3772.01

• Home health agency: means a person or government entity, other than a nursing home, residential care facility, hospice care program, pediatric respite care program, pediatric transition care program, informal respite care provider, provider certified by the department of developmental disabilities under Chapter 5123 of the Revised Code, residential facility, shared living provider, or immediate family member, that has the primary function of providing any of the following services to a patient at a place of residence used as the patient's home:

  (1) Skilled nursing care;

  (2) Physical therapy;

  (3) Occupational therapy;

  (4) Speech-language pathology;

  (5) Medical social services;

  (6) Home health aide services. See Ohio Code 3740.01

• Home health aide services: means any of the following services provided by an employee of a home health agency:

  (1) Hands-on bathing or assistance with a tub bath or shower;

  (2) Assistance with dressing, ambulation, and toileting;

  (3) Catheter care but not insertion;

  (4) Meal preparation and feeding. See Ohio Code 3740.01

• Home state: means the state or territory of the United States, including the District of Columbia, in which an insurance agent maintains the insurance agent's principal place of residence or principal place of business and is licensed to act as an insurance agent. See Ohio Code 3905.01
• Host track: means a track where live horse races are conducted and offered for simulcasting to receiving tracks. See Ohio Code 3769.089
• Hotel: includes any structure consisting of one or more buildings containing any combination of more than five guestrooms that are each approved by the building code official having jurisdiction and the state fire marshal as meeting the requirements for transient sleeping rooms or extended stay temporary residence dwelling units, or as having features of such sleeping rooms and dwelling units within the same room, and such structure is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where transient sleeping accommodations or temporary residence is offered for pay to persons, but such structure does not otherwise meet the definition of a transient hotel or an extended stay hotel as defined in this section. See Ohio Code 3731.01
• Immediate family member: means a parent, stepparent, grandparent, legal guardian, grandchild, brother, sister, stepsibling, spouse, son, daughter, stepchild, aunt, uncle, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, and daughter-in-law. See Ohio Code 3740.01
• imprisonment: means being imprisoned under a sentence imposed for an offense or serving a term of imprisonment, prison term, jail term, term of local incarceration, or other term under a sentence imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, or another facility described or referred to in section 2929. See Ohio Code 1.05
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• In-person assister: includes any individual that is employed by, supervised by, or affiliated with an in-person assister and performs any of the activities and duties identified in division (i) of section 1311 of the Affordable Care Act, any non-navigator assistance personnel, and any other person deemed as such by rules adopted by the superintendent under division (L) of section 3905. See Ohio Code 3905.01
• Income generation: means a derivative transaction involving the writing of covered options, caps, or floors that is intended to generate income or enhance return. See Ohio Code 3906.01
• 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.
• Infectious agent: means a type of microorganism, pathogen, virus, or proteinaceous infectious particle that can cause or significantly contribute to disease in or death of human beings. See Ohio Code 3734.01
• Infectious wastes: means any wastes or combination of wastes that include cultures and stocks of infectious agents and associated biologicals, human blood and blood products, and substances that were or are likely to have been exposed to or contaminated with or are likely to transmit an infectious agent or zoonotic agent, including all of the following:

  (1) Laboratory wastes;

  (2) Pathological wastes;

  (3) Animal blood and blood products;

  (4) Animal carcasses and parts;

  (5) Waste materials from the rooms of humans, or the enclosures of animals, that have been isolated because of diagnosed communicable disease that are likely to transmit infectious agents. See Ohio Code 3734.01

• Initial investment: includes costs related to demolition, engineering, architecture, design, site preparation, construction, infrastructure improvements, land acquisition, fixtures and equipment, insurance related to construction, and leasehold improvements. See Ohio Code 3772.01
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspection: means an official review, examination, or observation, including, without limitation, tests, surveys, and monitoring, that is used to determine compliance with rules, orders, requirements, and conditions of the department of health and that is conducted by the director of health. See Ohio Code 3748.01
• Institutional investor: means any of the following entities owning five per cent or more, but less than twenty-five per cent, of an ownership interest in a casino facility, casino operator, management company, or holding company: a corporation, bank, insurance company, pension fund or pension fund trust, retirement fund, including funds administered by a public agency, employees' profit-sharing fund or employees' profit-sharing trust, any association engaged, as a substantial part of its business or operations, in purchasing or holding securities, including a hedge fund, mutual fund, or private equity fund, or any trust in respect of which a bank is trustee or cotrustee, investment company registered under the "Investment Company Act of 1940" 15 U. See Ohio Code 3772.01
• Insurance: means any of the lines of authority set forth in Chapter 1739. See Ohio Code 3905.01
• Insurance navigator: means a person selected to perform the activities and duties identified in division (i) of section 1311 of the Affordable Care Act that is certified by the superintendent of insurance under section 3905. See Ohio Code 3905.01
• 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}
• Interim controls: means a set of measures designed to reduce temporarily human exposure or likely human exposure to lead hazards. See Ohio Code 3742.01
• Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web. See Ohio Code 1.59
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Ionizing radiation: means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but does not include sound or radio waves or visible, infrared, or ultraviolet light. See Ohio Code 3748.01
• Issue: when used in connection with any order that the director of environmental protection is authorized to issue under this chapter, includes modify, suspend, or vacate. See Ohio Code 3752.01
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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 employee: means any executive, employee, agent, or other individual who has the power to exercise significant influence over decisions concerning any part of the operation of a person that has applied for or holds a casino operator, management company, or gaming-related vendor license or the operation of a holding company of a person that has applied for or holds a casino operator, management company, or gaming-related vendor license, including:

  (1) An officer, director, trustee, partner, or an equivalent fiduciary;

  (2) An individual who holds a direct or indirect ownership interest of five per cent or more;

  (3) An individual who performs the function of a principal executive officer, principal operating officer, principal accounting officer, or an equivalent officer;

  (4) Any other individual the commission determines to have the power to exercise significant influence over decisions concerning any part of the operation. See Ohio Code 3772.01

• Key employee: means a person, employed by a fantasy contest operator, who is responsible for ensuring, and has the authority necessary to ensure, that all requirements under this chapter and the rules adopted under this chapter and division (L) of section 3772. See Ohio Code 3774.01
• Lead abatement: includes all of the following:

  (a) Removal of lead-based paint and lead-contaminated dust;

  (b) Permanent enclosure or encapsulation of lead-based paint;

  (c) Replacement of surfaces or fixtures painted with lead-based paint;

  (d) Removal or permanent covering of lead-contaminated soil;

  (e) Preparation, cleanup, and disposal activities associated with lead abatement. See Ohio Code 3742.01

• Lead abatement contractor: means any individual who engages in or intends to engage in lead abatement and employs or supervises one or more lead abatement workers, including on-site supervision of lead abatement projects, or prepares specifications, plans, or documents for a lead abatement project. See Ohio Code 3742.01
• Lead abatement project: means one or more lead abatement activities that are conducted by a lead abatement contractor and are reasonably related to each other. See Ohio Code 3742.01
• Lead abatement project designer: means a person who is responsible for designing lead abatement projects and preparing a pre-abatement plan for all designed projects. See Ohio Code 3742.01
• Lead abatement worker: means an individual who is responsible in a nonsupervisory capacity for the performance of lead abatement. See Ohio Code 3742.01
• Lead free: means no lead-based paint is present in any area referenced in division (B) of section 3742. See Ohio Code 3742.01
• Lead hazard: includes lead-based paint, lead-contaminated dust, lead-contaminated soil, and lead-contaminated water pipes. See Ohio Code 3742.01
• Lead inspection: means a surface-by-surface investigation to determine the presence of lead-based paint. See Ohio Code 3742.01
• Lead inspector: means any individual who conducts a lead inspection, provides professional advice regarding a lead inspection, or prepares a report explaining the results of a lead inspection. See Ohio Code 3742.01
• Lead poisoning: means the level of lead in human blood that is hazardous to human health, as specified in rules adopted under section 3742. See Ohio Code 3742.01
• Lead risk assessment: means an on-site investigation to determine and report the existence, nature, severity, and location of lead hazards in a residential unit, child care facility, or school, including information gathering from the unit, facility, or school's current owner's knowledge regarding the age and painting history of the unit, facility, or school and occupancy by children under six years of age, visual inspection, limited wipe sampling or other environmental sampling techniques, and any other activity as may be appropriate. See Ohio Code 3742.01
• Lead risk assessor: means a person who is responsible for developing a written inspection, risk assessment, and analysis plan; conducting inspections for lead hazards in a residential unit, child care facility, or school; interpreting results of inspections and risk assessments; identifying hazard control strategies to reduce or eliminate lead exposures; and completing a risk assessment report. See Ohio Code 3742.01
• Lead-based paint: means any paint or other similar surface-coating substance containing lead at or in excess of the level that is hazardous to human health, as that level is established in rules adopted under section 3742. See Ohio Code 3742.01
• Lead-contaminated dust: means dust that contains an area or mass concentration of lead at or in excess of the level that is hazardous to human health, as that level is established in rules adopted under section 3742. See Ohio Code 3742.01
• Lead-contaminated soil: means soil that contains lead at or in excess of the level that is hazardous to human health, as that level is established in rules adopted under section 3742. See Ohio Code 3742.01
• Lead-safe residential rental unit: means a residential rental unit that has undergone the residential rental unit lead-safe maintenance practices described in section 3742. See Ohio Code 3742.01
• 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.
• License: means the authority issued by the superintendent to a person to act as an insurance agent for the lines of authority specified, but that does not create any actual, apparent, or inherent authority in the person to represent or commit an insurer. See Ohio Code 3905.01
• Licensed building: means a building on the licensed premises of a licensed manufacturer or wholesaler of fireworks that is approved for occupancy by the building official having jurisdiction. See Ohio Code 3743.01
• Licensed casino operator: means a casino operator that has been issued a license by the commission and that has been certified annually by the commission to have paid all applicable fees, taxes, and debts to the state. See Ohio Code 3772.01
• licensed exhibitor: means a person licensed pursuant to sections 3743. See Ohio Code 3743.01
• licensed manufacturer: means a person licensed pursuant to sections 3743. See Ohio Code 3743.01
• Licensed premises: means the real estate upon which a licensed manufacturer or wholesaler of fireworks conducts business. See Ohio Code 3743.01
• licensed retailer: means a person licensed pursuant to section 3743. See Ohio Code 3743.01
• licensed wholesaler: means a person licensed pursuant to sections 3743. See Ohio Code 3743.01
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited line credit insurance: means credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection insurance, or any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation and that is designated by the superintendent as limited line credit insurance. See Ohio Code 3905.01
• Limited lines insurance: means those lines of authority set forth in divisions (B)(7) to (13) of section 3905. See Ohio Code 3905.01
• Limited lines insurance agent: means a person authorized by the superintendent to sell, solicit, or negotiate limited lines insurance. See Ohio Code 3905.01
• List of licensed exhibitors: means the list required by division (C) of section 3743. See Ohio Code 3743.01
• List of licensed manufacturers: means the list required by division (C) of section 3743. See Ohio Code 3743.01
• List of licensed wholesalers: means the list required by division (C) of section 3743. See Ohio Code 3743.01
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Litter: means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on public property, on private property not owned by the person, or in or on waters of the state unless one of the following applies:

  (1) The person has been directed to do so by a public official as part of a litter collection drive. See Ohio Code 3736.01

• Live racing day: means a racing day on which a live racing program is conducted by the permit holder along with simulcasts of all other available racing programs from within this state and simulcast racing programs from outside this state as authorized under this section. See Ohio Code 3769.089
• Live racing program: means a racing program consisting of no fewer than seven live horse races at thoroughbred tracks and nine live races at standardbred tracks and additional horse races simulcast from other facilities located either inside or outside this state, in which not more than two horse races on which pari-mutuel wagering is conducted are simulcast from facilities located outside this state. See Ohio Code 3769.089
• Local emergency planning committee: means the local emergency planning committee of an emergency planning district, joint emergency planning district, or joint interstate planning district established under section 3750. See Ohio Code 3750.01
• Management company: means an organization retained by a casino operator to manage a casino facility and provide services such as accounting, general administration, maintenance, recruitment, and other operational services. See Ohio Code 3772.01
• Management services provider: means a person that contracts with a type B sports gaming proprietor under section 3775. See Ohio Code 3775.01
• Manager: means a person, who may be the same person as the owner, responsible for the daily operation of a residential unit, child care facility, or school. See Ohio Code 3742.01
• Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See Ohio Code 3734.01
• Manufacture: means the production, preparation, importation, or compounding of a toxic chemical. See Ohio Code 3751.01
• Manufacturer: means either of the following:

  (1) Any entity or the entity's successor that, in any location, manufactures or otherwise produces cigarettes, or causes cigarettes to be manufactured or produced, that the entity intends to be sold in this state, including, but not limited to, cigarettes intended to be sold in the United States through an importer;

  (2) Any entity or the entity's successor that meets both of the following criteria:

  (a) Purchases cigarettes, in any location, from a second entity that manufactures or otherwise produces cigarettes in any location when that second entity does not intend that the cigarettes it manufactures be sold in the United States;

  (b) Intends to resell the cigarettes described in division (D)(2)(a) of this section in the United States. See Ohio Code 3739.01

• Manufacturing of fireworks: means the making of fireworks from raw materials, none of which in and of themselves constitute a fireworks, or the processing of fireworks. See Ohio Code 3743.01
• Marijuana: means marihuana as defined in section 3719. See Ohio Code 3796.01
• Material nonpublic information: means information related to the play of a fantasy contest by a fantasy contest player that is not readily available to the general public and is obtained as a result of a person's employment. See Ohio Code 3774.01
• Medical marijuana: means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose. See Ohio Code 3796.01
• Medical practitioner: means a person who is authorized pursuant to Chapter 4715 of the Revised Code to practice dentistry; pursuant to Chapter 4731 of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery; or pursuant to Chapter 4734. See Ohio Code 3748.01
• Medical social services: means services provided by a social worker under the direction of a patient's attending physician. See Ohio Code 3740.01
• Medical-practitioner group: means a corporation, partnership, or other business entity, other than a hospital as defined in section 3727. See Ohio Code 3748.01
• Minor: means an unemancipated person under eighteen years of age or a mentally or physically disabled person under twenty-one years of age who meets criteria specified in rules adopted by the medicaid director under section 3798. See Ohio Code 3798.01
• Minority leader: See Floor Leaders
• Mobile management services provider: means a person that contracts with a type A sports gaming proprietor under section 3775. See Ohio Code 3775.01
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor vehicles and rolling stock: means cargo-carrying vehicles that are used or originally designed to be used for the transportation of cargo by any mode, including, without limitation, automobiles, vans, tractors, trucks, semitrailers, tank cars, or rail cars that are so used or designed to be so used. See Ohio Code 3752.01
• NAIC: means the national association of insurance commissioners. See Ohio Code 3905.01
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• national wagering pool: means an interstate or intrastate common pari-mutuel wagering pool involving two or more selections covering two or more horse races conducted at tracks located inside or outside this state. See Ohio Code 3769.089
• Naturally occurring radioactive material: means material that contains any nuclide that is radioactive in its natural physical state. See Ohio Code 3748.01
• Negotiate: means to confer directly with, or offer advice directly to, a purchaser or prospective purchaser of a particular contract of insurance with respect to the substantive benefits, terms, or conditions of the contract, provided the person that is conferring or offering advice either sells insurance or obtains insurance from insurers for purchasers. See Ohio Code 3905.01
• New race track: includes the reconstruction of a race track damaged by fire or other cause that has been declared by the racing commission, as a result of the damage, to be an inadequate facility for the safe operation of horse racing. See Ohio Code 3769.08
• Nonagency provider: means a person who provides direct care to an individual on a self-employed basis and does not employ, directly or through contract, another person to provide the services. See Ohio Code 3740.01
• Nonionizing radiation: means any electromagnetic radiation, other than ionizing electromagnetic radiation, or any sonic, ultrasonic, or infrasonic wave. See Ohio Code 3748.01
• Nonmedical home health services: means any of the following:

  (1) Any service identified in divisions (H)(1) to (4) of this section;

  (2) Personal care services;

  (3) Any other service the director of health designates as a nonmedical home health service in rules adopted under section 3740. See Ohio Code 3740.01

• Novelties and trick noisemakers: include the following items:

  (1) Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers, and snappers;

  (2) Snakes or glow worms;

  (3) Smoke devices;

  (4) Trick matches. See Ohio Code 3743.01

• Oath: includes affirmation, and "swear" includes affirm. See Ohio Code 1.59
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official league data: means statistics, results, outcomes, and other data related to a sporting event provided by the appropriate sports governing body or its designee. See Ohio Code 3775.01
• Oil: means oil of any kind or in any form including, without limitation, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. See Ohio Code 3750.01
• Online sports pool: means sports gaming in which a wager on a sporting event is made through a computer or mobile device and accepted through an online gaming web site that is operated by a type A sports gaming proprietor or mobile management services provider. See Ohio Code 3775.01
• Open burning: means the burning of solid wastes in an open area or burning of solid wastes in a type of chamber or vessel that is not approved or authorized in rules adopted by the director under section 3734. See Ohio Code 3734.01
• Open dumping: means the depositing of solid wastes into a body or stream of water or onto the surface of the ground at a site that is not licensed as a solid waste facility under section 3734. See Ohio Code 3734.01
• Operator: means the person responsible for the overall operation of a reporting facility. See Ohio Code 3752.01
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Outdoor location of operation: means an outdoor location at a reporting facility upon which is situated any stationary tank, vat, electrical transformer, vessel, piping, or nonstationary container that contains a regulated substance or upon which is situated any motor vehicle or rolling stock that is used for the storage or other handling of a regulated substance and that contains a regulated substance in a quantity or manner other than that necessary for the operation of the motor vehicle or rolling stock in transporting cargo. See Ohio Code 3752.01
• Outdoor patio: means an area that is either: enclosed by a roof or other overhead covering and walls or side coverings on not more than two sides; or has no roof or other overhead covering regardless of the number of walls or other side coverings. See Ohio Code 3794.01
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the person who owns a reporting facility or part of a reporting facility. See Ohio Code 3752.01
• Owner or operator: means any person who owns, leases, operates, controls, or supervises a stationary source. See Ohio Code 3753.01
• Owner or operator: includes both of the following:

  (1) Any person owning or holding a legal, equitable, or possessory interest in or having responsibility for the daily activities on a property;

  (2) In the case of property title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to this state or a political subdivision of this state, any person who owned, operated, or otherwise controlled activities occurring on the property before the conveyance. See Ohio Code 3746.01

• 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.
• Permanent: means an expected design life of at least twenty years. See Ohio Code 3742.01
• Person: includes the state, any political subdivision and other state or local body, the United States and any agency or instrumentality thereof, and any legal entity defined as a person under section 1. See Ohio Code 3734.01
• Person: includes , but is not limited to, an individual or a combination of individuals; a sole proprietorship, a firm, a company, a joint venture, a partnership of any type, a joint-stock company, a corporation of any type, a corporate subsidiary of any type, a limited liability company, a business trust, or any other business entity or organization; an assignee; a receiver; a trustee in bankruptcy; an unincorporated association, club, society, or other unincorporated entity or organization; entities that are disregarded for federal income tax purposes; and any other nongovernmental, artificial, legal entity that is capable of engaging in business. See Ohio Code 3772.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Person: means an individual or a business entity. See Ohio Code 3905.01
• Person: means any person as defined in section 1. See Ohio Code 3746.01
• Person: means the state, any political subdivision, any other state or local body, the United States and any agency or instrumentality thereof, and any person as defined in section 1. See Ohio Code 3750.01
• Person: includes the state, any political subdivision or other state or local body, the United States and any agency or instrumentality thereof, and any entity defined as a person under section 1. See Ohio Code 3751.01
• Personal care services: means any of the following provided to an individual in the individual's home or community:

  (1) Hands-on assistance with activities of daily living and instrumental activities of daily living, when incidental to assistance with activities of daily living;

  (2) Assistance managing the individual's home and handling personal affairs;

  (3) Assistance with self-administration of medications;

  (4) Homemaker services when incidental to any of the services identified in divisions (Q)(1) to (3) of this section or when essential to the health and welfare of the individual specifically, not the individual's family;

  (5) Respite services for the individual's caregiver;

  (6) Errands completed outside of the presence of the individual if needed to maintain the individual's health and safety, including picking up prescriptions and groceries. See Ohio Code 3740.01

• Personal property: All property that is not real property.
• Personal representative: means a person who has authority under applicable law to make decisions related to health care on behalf of an adult or emancipated minor, or the parent, legal guardian, or other person acting in loco parentis who is authorized under law to make health care decisions on behalf of an unemancipated minor. See Ohio Code 3798.01
• Petroleum: means oil or petroleum of any kind and in any form, including, without limitation, crude oil or any fraction thereof, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, used oil, substances or additives utilized in the refining or blending of crude petroleum or petroleum stock, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel, and mixtures of natural gas and synthetic gas. See Ohio Code 3746.01
• Physician: means an individual authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. See Ohio Code 3796.01
• Place of employment: means an enclosed area under the direct or indirect control of an employer that the employer's employees use for work or any other purpose, including but not limited to, offices, meeting rooms, sales, production and storage areas, restrooms, stairways, hallways, warehouses, garages, and vehicles. See Ohio Code 3794.01
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Political subdivision: means a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state. See Ohio Code 3798.01
• Population: means that shown by the most recent regular federal census. See Ohio Code 1.59
• Post-closure: means that period of time following closure during which a hazardous waste facility is required to be monitored and maintained under this chapter and rules adopted under it, including, without limitation, operation and maintenance of methane gas extraction and treatment systems, or the period of time after closure during which a scrap tire monocell or monofill facility licensed under section 3734. See Ohio Code 3734.01
• 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.
• Premises: means either of the following:

  (1) Geographically contiguous property owned by a generator;

  (2) Noncontiguous property that is owned by a generator and connected by a right-of-way that the generator controls and to which the public does not have access. See Ohio Code 3734.01

• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• 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.
• Problem casino gambling and addictions fund: means the state problem gambling and addictions fund described in Section 6(C)(3)(g) of Article XV, Ohio Constitution, the money in which shall be used for treatment of problem gambling and substance abuse, and for related research. See Ohio Code 3772.01
• Process: means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or on-site movement of the substance or any combination of these activities. See Ohio Code 3753.01
• Processing of fireworks: means the making of fireworks from materials all or part of which in and of themselves constitute a fireworks, but does not include the mere packaging or repackaging of fireworks. See Ohio Code 3743.01
• Professional sport or athletic event: means an event at which two or more persons participate in sports or athletic events and receive compensation, or the potential for compensation based on their performance, in excess of actual expenses for their participation in the event. See Ohio Code 3775.01
• Professional sports organization: means any of the following:

  (1) The owner of a professional sports team in this state that is a member of the national football league, the national hockey league, major league baseball, major league soccer, or the national basketball association;

  (2) The owner of a sports facility in this state that hosts an annual tournament on the professional golf association tour or a wholly owned for-profit subsidiary of the owner, if the owner is a nonprofit corporation or organization;

  (3) A promoter of a national association for stock car auto racing national touring race conducted in this state. See Ohio Code 3775.01

• Property: means real and personal property. See Ohio Code 1.59
• Proprietor: means an employer, owner, manager, operator, liquor permit holder, or person in charge or control of a public place or place of employment. See Ohio Code 3794.01
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public: means any person except employees or contractors at a stationary source. See Ohio Code 3753.01
• Public place: means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence. See Ohio Code 3794.01
• Public receptor: means off-site residences, institutions such as schools or hospitals, industrial, commercial, and office buildings, parks, or recreational areas inhabited or occupied by the public at any time where the public could be exposed to toxic concentrations, radiant heat, or overpressure as a result of an accidental release. See Ohio Code 3753.01
• Pyrolysis: means a process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed, and are then cooled, condensed, and converted to one of the following:

  (1) Crude oil, diesel, gasoline, home heating oil, or another fuel;

  (2) Feedstocks;

  (3) Diesel and gasoline blendstocks;

  (4) Chemicals, waxes, or lubricants;

  (5) Other raw materials, intermediate products, or final products. See Ohio Code 3734.01

• Qualifying medical condition: means any of the following:

  (a) Acquired immune deficiency syndrome;

  (b) Alzheimer's disease;

  (c) Amyotrophic lateral sclerosis;

  (d) Cancer;

  (e) Chronic traumatic encephalopathy;

  (f) Crohn's disease;

  (g) Epilepsy or another seizure disorder;

  (h) Fibromyalgia;

  (i) Glaucoma;

  (j) Hepatitis C;

  (k) Inflammatory bowel disease;

  (l) Multiple sclerosis;

  (m) Pain that is either of the following:

  (i) Chronic and severe;

  (ii) Intractable. See Ohio Code 3796.01

• Quality assurance program: means a program providing for verification by written procedures such as testing, auditing, and inspection to ensure that deficiencies, deviations, defective equipment, or unsafe practices, or a combination thereof, relating to the use, disposal, management, or manufacture of radiation sources are identified, promptly corrected, and reported to the appropriate regulatory authorities. See Ohio Code 3748.01
• Quality control and quality assurance program: means the procedures a laboratory implements to ensure both of the following:

  (1) Operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect cigarette test results. See Ohio Code 3739.01

• Quorum: The number of legislators that must be present to do business.
• Racing day: means any day authorized under a permit holder's permit on which, at a simulcast host, either a live racing program is conducted as authorized under section 3769. See Ohio Code 3769.089
• Radiation: means ionizing and nonionizing radiation. See Ohio Code 3748.01
• Radiation-generating equipment: means any manufactured product or device, or component of such a product or device, or any machine or system that during operation can generate or emit radiation, except those that emit radiation only from radioactive material. See Ohio Code 3748.01
• Radioactive material: means a substance that spontaneously emits ionizing radiation. See Ohio Code 3746.01
• Radioactive material: includes accelerator-produced and naturally occurring materials and byproduct, source, and special nuclear material. See Ohio Code 3748.01
• Railroad: means any railway or railroad that carries freight or passengers for hire, but does not include auxiliary tracks, spurs, and sidings installed and primarily used in serving a mine, quarry, or plant. See Ohio Code 3743.01
• Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receiving track: means a track where simulcasts of races from a host track are displayed and wagered on. See Ohio Code 3769.089
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recyclables: means waste materials that are collected, separated, or processed and used as raw materials or products. See Ohio Code 3736.01
• Recycling: means the process of collecting, sorting, cleansing, treating, and reconstituting waste or other discarded materials for the purpose of recovering and reusing the materials. See Ohio Code 3736.01
• Recycling market development: means activities that stimulate the demand for recycled products, provide for a consistent supply of recyclables to meet the needs of recycling industries, or both. See Ohio Code 3736.01
• Registered mail: includes certified mail and "certified mail" includes registered mail. See Ohio Code 1.02
• Regulated operations: means the production, use, storage, or other handling of regulated substances. See Ohio Code 3752.01
• Regulated substance: means a toxic or flammable substance listed in rules adopted under section 3753. See Ohio Code 3753.01
• Regulated substances: includes extremely hazardous substances, hazardous substances, flammable substances, and petroleum. See Ohio Code 3752.01
• Related: means the persons are related by consanguinity or marriage. See Ohio Code 3746.01
• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, migrating, dumping, or disposing of any hazardous substance or petroleum into the environment, including, without limitation, the abandonment or discarding of barrels, containers, or any other closed receptacle containing any hazardous substance, petroleum, or pollutant or contaminant. See Ohio Code 3746.01
• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of into the environment, including, without limitation, the abandonment or discarding of barrels, containers, and other closed receptacles that contained any oil, hazardous chemical, hazardous substance, or extremely hazardous substance. See Ohio Code 3750.01
• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or discharging into the environment of any toxic chemical including, without limitation, the abandonment or discarding of barrels, containers, and other closed receptacles that contained a toxic chemical. See Ohio Code 3751.01
• 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.
• remedial activities: means actions that are taken at a property to treat, remove, transport for treatment or disposal, dispose of, contain, or control hazardous substances or petroleum, are protective of public health and safety and the environment, and are consistent with a permanent remedy, including, without limitation, excavation, treatment, off-site disposal, the use of engineering or institutional controls or activity and use limitations, the issuance and implementation of a consolidated standards permit under section 3746. See Ohio Code 3746.01
• Repeatability: means the range of values within which ninety-five per cent of the results of cigarette test trials from a single laboratory will fall. See Ohio Code 3739.01
• Replacement: means an activity that entails removing components such as windows, doors, and trim that have lead hazards on their surfaces and installing components free of lead hazards. See Ohio Code 3742.01
• Replication transaction: means a derivative transaction that is intended to replicate the performance of one or more assets that an insurer is authorized to acquire under this chapter. See Ohio Code 3906.01
• 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).
• Reporting facility: means a facility where regulated operations occur in connection with which the owner or operator of the facility is required to submit a list of hazardous chemicals or one or more material safety data sheets under section 3750. See Ohio Code 3752.01
• 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.
• Research and development: means inquiry, experimentation, or demonstration to advance basic scientific or technical knowledge or the application, adaptation, or use of existing or newly discovered scientific or technical knowledge regarding recycling, source reduction, or litter prevention. See Ohio Code 3736.01
• Residential hotel: means any structure or structures consisting of one or more buildings, with more than five dwelling units, that are specifically constructed and approved through a valid certificate of occupancy issued by the building official having jurisdiction, as having both dwelling unit features for non-transient residence purposes and all of the transient residential occupancy features of a transient hotel in accordance with the residential group R-1 use and occupancy classification adopted by the board of building standards pursuant to Chapter 3781. See Ohio Code 3731.01
• Residential rental unit: means a rental property containing a dwelling or any part of a building being used as an individual's private residence. See Ohio Code 3742.01
• Residential unit: includes a residential rental unit. See Ohio Code 3742.01
• Responsible person: means the person responsible for compliance with the state fire code, including, but not limited to, the owner, lessee, agent, operator, or occupant of a building, premises, or vehicle. See Ohio Code 3737.01
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail tobacco store: means a retail establishment that derives more than eighty per cent of its gross revenue from the sale of lighted or heated tobacco products and related smoking accessories and in which the sale of other products is merely incidental. See Ohio Code 3794.01
• Retail vapor store: means a retail establishment that derives more than eighty per cent of its gross revenue from the sale of vapor products, electronic smoking devices, or other electronic smoking product accessories and for which the sale of other products is merely incidental. See Ohio Code 3794.01
• Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. ^{Source: OCC}
• Risk management plan: means a risk management plan required under section 3753. See Ohio Code 3753.01
• Rule: includes regulation. See Ohio Code 1.59
• School: means a public or nonpublic school in which children under six years of age receive education. See Ohio Code 3742.01
• Scrap tire: means an unwanted or discarded tire. See Ohio Code 3734.01
• Scrap tire collection facility: means any facility that meets all of the following qualifications:

  (1) The facility is used for the receipt and storage of whole scrap tires from the public prior to their transportation to a scrap tire storage, monocell, monofill, or recovery facility licensed under section 3734. See Ohio Code 3734.01

• Scrap tire recovery facility: includes any facility that uses the controlled combustion of scrap tires in a manufacturing process to produce process heat or steam or any facility that produces usable heat or electric power through the controlled combustion of scrap tires in combination with another fuel, but does not include any solid waste incineration or energy recovery facility that is designed, constructed, and used for the primary purpose of incinerating mixed municipal solid wastes and that burns scrap tires in conjunction with mixed municipal solid wastes, or any tire retreading business, tire manufacturing finishing center, or tire adjustment center having on the premises of the business a single, covered scrap tire storage area at which not more than four thousand scrap tires are stored. See Ohio Code 3734.01
• Scrap tire storage facility: means any facility where whole scrap tires are stored prior to their transportation to a scrap tire monocell, monofill, or recovery facility licensed under section 3734. See Ohio Code 3734.01
• Securities valuation office: means the securities valuation office of the national association of insurance commissioners or any successor office. See Ohio Code 3906.01
• Self-service storage facility: means an entity that is engaged in the business of providing real property designed and used for the purpose of renting or leasing individual storage space to the public who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence. See Ohio Code 3905.01
• Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer. See Ohio Code 3905.01
• sell at retail: means a sale of fireworks to a purchaser who intends to use the fireworks, and not resell them. See Ohio Code 3743.01
• sell at wholesale: means a sale of fireworks to a purchaser who intends to resell the fireworks so purchased. See Ohio Code 3743.01
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Simulcast guest: means any track or enclosure that is receiving from a simulcast host, on a day other than a racing day, a live racing program or a simulcast racing program. See Ohio Code 3769.089
• Simulcast host: means a track or enclosure in this state where, on a racing day, a permit holder is doing one or both of the following:

  (a) Conducting a live racing program and offering this program for simulcasting to one or more simulcast guests and satellite facilities in this state;

  (b) Receiving a simulcast racing program for simulcasting to one or more simulcast guests and satellite facilities in this state. See Ohio Code 3769.089

• Simulcast racing program: means all simulcasts of horse races to a simulcast host or simulcast guest on a racing day or on any other day on which pari-mutuel wagering is conducted, but does not include any simulcast horse races from inside or outside this state that are included in a simulcast host's live racing program. See Ohio Code 3769.089
• site closure: refers to a facility for the disposal of low-level radioactive waste or a byproduct material site, as "byproduct material" is defined in division (A)(2) of this section, and means all activities performed at a licensed operation, such as stabilization and contouring, to ensure that the site where the operation occurred is in a stable condition so that only minor custodial care, surveillance, and monitoring are necessary at the site following the termination of the licensed operation. See Ohio Code 3748.01
• Skilled home health services: means any of the following:

  (1) Any service identified in divisions (G)(1) to (5) of this section;

  (2) Any other service the director of health designates as a skilled home health service in rules adopted under section 3740. See Ohio Code 3740.01

• Slot machine: means any mechanical, electrical, or other device or machine which, upon insertion of a coin, token, ticket, or similar object, or upon payment of any consideration, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, makes individual prize determinations for individual participants in cash, premiums, merchandise, tokens, or any thing of value, whether the payoff is made automatically from the machine or in any other manner, but does not include any device that is a skill-based amusement machine, or an electronic instant bingo system, as defined in section 2915. See Ohio Code 3772.01
• Smoking: includes the use of an electronic smoking device and a vapor product. See Ohio Code 3794.01
• Social worker: means a person licensed under Chapter 4757 of the Revised Code to practice as a social worker or independent social worker. See Ohio Code 3740.01
• Solicit: means to attempt to sell insurance, or to ask or urge a person to apply for a particular kind of insurance from a particular insurer. See Ohio Code 3905.01
• Solid waste management districts: means solid waste management districts established under Chapter 343 of the Revised Code. See Ohio Code 3736.01
• Solid waste transfer facility: means any site, location, tract of land, installation, or building that is used or intended to be used primarily for the purpose of transferring solid wastes that were generated off the premises of the facility from vehicles or containers into other vehicles for transportation to a solid waste disposal facility. See Ohio Code 3734.01
• Solid wastes: means such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining, or demolition operations, or other waste materials of the type that normally would be included in demolition debris, nontoxic fly ash and bottom ash, including at least ash that results from the combustion of coal and ash that results from the combustion of coal in combination with scrap tires where scrap tires comprise not more than fifty per cent of heat input in any month, spent nontoxic foundry sand, nontoxic, nonhazardous, unwanted fired and unfired, glazed and unglazed, structural products made from shale and clay products, and slag and other substances that are not harmful or inimical to public health, and includes, but is not limited to, garbage, scrap tires, combustible and noncombustible material, street dirt, and debris. See Ohio Code 3734.01
• Source material: means uranium, thorium, or any combination thereof in any physical or chemical form, or any ores that contain by weight at least one-twentieth of one per cent of uranium, thorium, or any combination thereof. See Ohio Code 3748.01
• Source of radiation: means radioactive material or radiation-generating equipment. See Ohio Code 3748.01
• Source reduction: means activities that decrease the initial production of waste materials at their point of origin. See Ohio Code 3736.01
• Special nuclear material: means either of the following:

  (1) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the United States nuclear regulatory commission determines to be special nuclear material, but does not include source material pursuant to section 51 of the "Atomic Energy Act of 1954" 68 Stat. See Ohio Code 3748.01

• Special racing event: means individual races in live racing programs or simulcast racing programs, and simulcast racing programs on special event days under division (C) of this section, conducted at facilities located outside this state for which the track, racing association, or state regulatory agency conducting such races charges a simulcast host a fee for the privilege of receiving a simulcast of such races into this state that is higher than the customary and regular fee charged for simulcast races because of the status or popularity of such races. See Ohio Code 3769.089
• Sporting event: includes an event that involves athletes or participants who are under eighteen years of age, or the individual performance statistics of athletes or participants in the event, only if the Ohio casino control commission authorizes the event for sports gaming. See Ohio Code 3775.01
• sports gaming: includes any system or method of wagering on sporting events that the Ohio casino control commission approves, including exchange wagering, parlays, spreads, over-under, moneyline, in-game wagering, single game bets, teaser bets, in-play bets, proposition bets, pools, pari-mutuel sports wagering pools, or straight bets. See Ohio Code 3775.01
• Sports gaming equipment: means any of the following that directly relate to or affect, or are used or consumed in, the operation of sports gaming:

  (1) Any mechanical, electronic, or other device, mechanism, or equipment, including a self-service sports gaming terminal;

  (2) Any software, application, components, or other goods;

  (3) Anything to be installed or used on a patron's personal device. See Ohio Code 3775.01

• Sports gaming facility: means a designated area of a building or structure in which patrons may place wagers on sporting events with a type B sports gaming proprietor either in person or using self-service sports gaming terminals. See Ohio Code 3775.01
• Sports gaming license: means a sports gaming proprietor license, a mobile management services provider license, a management services provider license, a sports gaming occupational license, a type C sports gaming host license, or a sports gaming supplier license issued by the Ohio casino control commission under this chapter. See Ohio Code 3775.01
• Sports gaming licensee: means a person who holds a valid sports gaming license. See Ohio Code 3775.01
• Sports gaming proprietor: means a person licensed by the Ohio casino control commission to offer sports gaming in this state as a type A, type B, or type C sports gaming proprietor. See Ohio Code 3775.01
• Sports gaming supplier: means a person or entity that provides sports gaming equipment or related services to a sports gaming proprietor, mobile management services provider, or management services provider, including providing services, directly or indirectly, that are necessary to create a betting market or to determine bet outcomes. See Ohio Code 3775.01
• Sports gaming voluntary exclusion program: means the program described in division (B)(11) of section 3775. See Ohio Code 3775.01
• Sports governing body: means a regional, national, or international organization having ultimate authority over the rules and codes of conduct with respect to a sporting event and the participants in the sporting event. See Ohio Code 3775.01
• SRO facility: means a facility with more than five sleeping rooms that is kept, used, maintained, advertised, or held out to the public as a place where sleeping rooms are offered on a single room occupancy (SRO) basis and that is intended for use as a primary residence for residential guests for a period of more than thirty days. See Ohio Code 3731.01
• state: means the state of Ohio. See Ohio Code 1.59
• State agency: means any one or more of the following:

  (1) The department of administrative services;

  (2) The department of aging;

  (3) The department of mental health and addiction services;

  (4) The department of developmental disabilities;

  (5) The department of education;

  (6) The department of health;

  (7) The department of insurance;

  (8) The department of job and family services;

  (9) The department of medicaid;

  (10) The department of rehabilitation and correction;

  (11) The department of youth services;

  (12) The bureau of workers' compensation;

  (13) The opportunities for Ohioans with disabilities agency;

  (14) The office of the attorney general;

  (15) A health care licensing board created under Title XLVII of the Revised Code that possesses individually identifiable health information. See Ohio Code 3798.01

• Stationary source: includes transportation containers that are used for storage not incident to transportation and transportation containers that are connected to equipment at a stationary source for loading and unloading. See Ohio Code 3753.01
• 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.
• storage: means the holding of hazardous waste for a temporary period in such a manner that it remains retrievable and substantially unchanged physically and chemically and, at the end of the period, is treated; disposed of; stored elsewhere; or reused, recycled, or reclaimed in a beneficial manner;

  (2) When used in connection with scrap tires, "storage" means the holding of scrap tires for a temporary period in such a manner that they remain retrievable and, at the end of that period, are beneficially used; stored elsewhere; placed in a scrap tire monocell or monofill facility licensed under section 3734. See Ohio Code 3734.01

• Storage: means the retention of radioactive materials, including low-level radioactive waste, prior to disposal in a manner that allows for surveillance, control, and subsequent retrieval. See Ohio Code 3748.01
• Storage location: means a single parcel or contiguous parcels of real estate approved by the state fire marshal pursuant to division (I) of section 3743. See Ohio Code 3743.01
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the superintendent of insurance. See Ohio Code 3906.01
• superintendent of insurance: means the superintendent of insurance of this state. See Ohio Code 3905.01
• Synthetic rubber: means produced or extended rubber and products made from a synthetic rubber base material originating from petrochemical feedstocks, including scrap tires, tire molds, automobile engine belts, brake pads and hoses, weather stripping, fittings, electrical insulation, and other molded objects and parts. See Ohio Code 3736.01
• Table game: means any game played with cards, dice, or any mechanical, electromechanical, or electronic device or machine for money, casino credit, or any representative of value. See Ohio Code 3772.01
• Temporary residence: means a dwelling unit accommodation room within a hotel that is used by its occupants but is not used as the permanent or principal residence of its occupants. See Ohio Code 3731.01
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Terminate: means to cancel the relationship between an insurance agent and the insurer or to terminate an insurance agent's authority to transact insurance. See Ohio Code 3905.01
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Threshold quantity: means the quantity established for a regulated substance in rules adopted under section 3753. See Ohio Code 3753.01
• 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.
• Toxic chemical: means a chemical listed in rules adopted by the administrator of the United States environmental protection agency under EPCRA. See Ohio Code 3751.01
• 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.
• Transient: means not more than thirty days. See Ohio Code 3731.01
• Transient hotel: means any structure consisting of one or more buildings, with more than five sleeping rooms, that is specifically constructed, kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests for a period of thirty days or less, including, but not limited to, such a structure denoted as a hotel, motel, motor hotel, lodge, motor lodge, bed and breakfast, or inn. See Ohio Code 3731.01
• Transportation: includes , but is not limited to, transportation that is subject to oversight or regulation under 49 C. See Ohio Code 3753.01
• treatment: means any method, technique, or process that renders the wastes noninfectious so that it is no longer an infectious waste and is no longer an infectious substance as defined in applicable federal law, including, without limitation, steam sterilization and incineration, and, in the instance of wastes identified in division (R)(7) of this section, to substantially reduce or eliminate the potential for the wastes to cause lacerations or puncture wounds. See Ohio Code 3734.01
• 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.
• Undertaking: includes a bond. See Ohio Code 1.02
• Uniform application: means the NAIC uniform application for resident and nonresident agent licensing, as amended by the NAIC from time to time. See Ohio Code 3905.01
• Uniform business entity application: means the NAIC uniform business entity application for resident and nonresident business entities, as amended by the NAIC from time to time. See Ohio Code 3905.01
• United States: includes all the states. See Ohio Code 1.59
• Upfront license: means the first plenary license issued to a casino operator. See Ohio Code 3772.01
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Used oil: includes only those substances identified as used oil by the United States environmental protection agency under the "Used Oil Recycling Act of 1980" 94 Stat. See Ohio Code 3734.01
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• 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.
• Vessel: means every watercraft or other artificial contrivance used or capable of being used as a means of transportation on water. See Ohio Code 3750.01
• Video lottery sales agent: means an agent of the state lottery authorized to operate video lottery terminals under section 3770. See Ohio Code 3775.01
• Voluntary action: means a series of measures that may be undertaken to identify and address potential sources of contamination of property by hazardous substances or petroleum and to establish that the property complies with applicable standards. See Ohio Code 3746.01
• Voluntary exclusion program: means a program provided by the commission that allows persons to voluntarily exclude themselves from the gaming areas of facilities under the jurisdiction of the commission by placing their name on a voluntary exclusion list and following the procedures set forth by the commission. See Ohio Code 3772.01
• Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
• Wholesale dealer: means either of the following persons:

  (1) A person, other than a manufacturer, who sells cigarettes to retail dealers or other persons for purposes of resale;

  (2) A person who owns, operates, or maintains one or more cigarette vending machines upon premises owned or occupied by any other person. See Ohio Code 3739.01

• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Zoonotic agent: means a type of microorganism, pathogen, or virus that causes disease in vertebrate animals, is transmissible to human beings, and can cause or significantly contribute to disease in or death of human beings. See Ohio Code 3734.01