Terms Used In Rhode Island General Laws > Chapter 5-3.1 - Public Accountancy

• 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.
• 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.
• Amusement attraction: means any building or structure around, over, or through which persons may move to walk, without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills, or excitement. See Rhode Island General Laws 23-34.1-3
• Amusement ride: means any mechanical device that carries, suspends, or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area, for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. See Rhode Island General Laws 23-34.1-3
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attest: means providing the following services:

  (i)  Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS);

  (ii)  Any review of a financial statement to be performed in accordance with the Statement on Standards for Accounting and Review Services (SSARS);

  (iii)  Any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE);

  (iv)  Any engagement to be performed in accordance with the standards of the public company accounting oversight board;

  (v)  Any examination, review, or agreed-upon procedures engagement to be performed in accordance with the SSAE, other than an examination described in subsection (1)(iii); and

  (vi)  The statements on standards specified in this definition shall be adopted by reference by the board pursuant to rulemaking and shall be those developed for general application by recognized national accountancy organizations, such as the American Institute of Certified Public Accountants, and the Public Company Accounting Oversight Board. See Rhode Island General Laws 5-3.1-3

• Authority: means an authority to practice as a public accountant in this state granted by the public accountants advisory commission under former § 5-3-6 (P. See Rhode Island General Laws 5-3.1-3
• Authorized inspector: means an inspector of elevators employed by (i) an insurance company, or making inspection for an insurance company, or (ii) any person, firm, or corporation engaged in the business of inspecting elevators, to whom, under the provisions of this chapter, a permit is issued either as a result of an examination or because of experience and fitness, as determined by the chief of the division of occupational safety. See Rhode Island General Laws 23-33-1
• Bazaar: means an enterprise principally devoted to the exhibition of products of crafts and art, to which the operation of amusement rides or devices or concession booths is an adjunct. See Rhode Island General Laws 23-34.1-3
• Board: means the board of accountancy, a public authority created by § 5-3. See Rhode Island General Laws 5-3.1-3
• Building: means any structure existing or hereafter erected in any part of this state except a private dwelling when used as such, and except any building located on a United States government reservation. See Rhode Island General Laws 23-33-1
• Carnival: means a transient enterprise offering amusement or entertainment to the public in, upon, or by means of amusement devices, rides, or concession booths. See Rhode Island General Laws 23-34.1-3
• Certificate: means a certificate as certified public accountant issued under this chapter or corresponding provisions of prior law, or a corresponding certificate as certified public accountant issued after examination under the law of any other state. See Rhode Island General Laws 5-3.1-3
• Certificate to operate: means that document that indicates that the temporary amusement device has undergone the inspection required after setup. See Rhode Island General Laws 23-34.1-3
• Chief inspector: means the existing position of chief elevator inspector as appointed by the director of labor and training. See Rhode Island General Laws 23-33-1
• Code of rules: means the standard code of rules formulated and adopted by the code commission for occupational safety and health under the provisions of this chapter and of chapter 20 of Title 28. See Rhode Island General Laws 23-33-1
• Commission: means the code commission for occupational safety and health created under § 28-20-22. See Rhode Island General Laws 23-33-1
• Commissioner: means the state building commissioner. See Rhode Island General Laws 23-34.1-3
• 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.
• Compilation: means providing a service to be performed in accordance with the Statement on Standards for Accounting and Review Services (SSARS), as adopted by the American Institute of Certified Public Accountants, that is presenting in the form of financial statements, information that is the representation of management without undertaking to express any assurance on the statements. See Rhode Island General Laws 5-3.1-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compliance inspector: means an industrial safety technician (also known as a safety compliance inspector) who holds a certification as a qualified elevator inspector as required by the American society of mechanical engineers and is appointed by the director of labor and training under the provisions of chapter 20 of Title 28. See Rhode Island General Laws 23-33-1
• 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.
• CPA: means a person holding a certificate issued under this chapter or corresponding provisions of prior law or under the accountancy act or similar law of any other state. See Rhode Island General Laws 5-3.1-3
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of business regulation. See Rhode Island General Laws 23-34.1-3
• 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.
• Director: shall mean the director of labor and training or his or her duly authorized representative. See Rhode Island General Laws 23-33-1
• Director: means the director of the department of business regulation. See Rhode Island General Laws 23-34.1-3
• Disability: means a condition of physical incapacity to perform any assigned duty or duties in the fire department or emergency medical service. See Rhode Island General Laws 23-28.36-2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Elevator: means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. See Rhode Island General Laws 23-33-1
• 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 medical technician: means a person licensed pursuant to chapter 4. See Rhode Island General Laws 23-28.36-2
• Emergency medical technician: means a person licensed pursuant to chapter 4. See Rhode Island General Laws 23-28.37-2
• Entity: includes a general partnership, limited-liability company, limited-liability partnership, corporation, sole proprietor, trust, and joint venture. See Rhode Island General Laws 5-3.1-3
• Escalator: means a moving, inclined, continuous stairway or runway used for raising or lowering passengers. See Rhode Island General Laws 23-33-1
• 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.
• Fair: means an enterprise principally devoted to the exhibition of products of agriculture or industry, to which the operation of amusement rides or devices or concession booths is an adjunct. See Rhode Island General Laws 23-34.1-3
• Fiduciary: A trustee, executor, or administrator.
• Fire department: means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from fire or other emergency. See Rhode Island General Laws 23-28.36-2
• Fire department: means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from fire or other emergency. See Rhode Island General Laws 23-28.37-2
• Fire fighter: means an individual who is assigned to fire fighting activity and is required to respond to alarms and perform emergency action at the location of a fire, hazardous materials, or other emergency incident. See Rhode Island General Laws 23-28.36-2
• Firefighter: means an individual who is assigned to firefighting activity and is required to respond to alarms and perform emergency action at the location of a fire, hazardous materials, or other emergency incident. See Rhode Island General Laws 23-28.37-2
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• 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.
• 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.
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Infectious disease: means interruption, cessation, or disorder of body functions, systems, or organs transmissible by association with the sick or their secretions or excretions, excluding the common cold. See Rhode Island General Laws 23-28.36-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspection: means the physical examination of an amusement ride or device made by the commissioner, or his or her authorized representative, prior to operating the amusement device for the purpose of approving the application for a license. See Rhode Island General Laws 23-34.1-3
• 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.
• 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}
• Licensed facility: means a hospital, nursing home, dialysis center, physician's office operatory, or the like, as may be licensed by the state to provide medical care. See Rhode Island General Laws 23-28.36-2
• Licensee: means the holder of a certificate, authority, or permit issued under this chapter or under the prior laws of this state. See Rhode Island General Laws 5-3.1-3
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Majority: refers to more than fifty percent (50%) ownership in terms of financial interests and voting rights. See Rhode Island General Laws 5-3.1-3
• Manager: means a person having possession, custody, or managerial control of an amusement device, amusement attraction, or temporary structure, whether as owner, lessee, or agent or otherwise. See Rhode Island General Laws 23-34.1-3
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person owning, operating, or in charge or control of any elevator or escalator, or other device subject to the provisions of this chapter as defined in this section. See Rhode Island General Laws 23-33-1
• Owner: means the person or persons holding title to, or having possession or control of, the amusement ride or device or concession booth. See Rhode Island General Laws 23-34.1-3
• 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.
• Peer review: means a study, appraisal, or review of one or more aspects of the professional work of a practice unit engaged in the practice of public accountancy in this state, by a licensee or licensees who are not affiliated with the practice unit being reviewed. See Rhode Island General Laws 5-3.1-3
• Permit: means that document that signifies that the amusement device or amusement attraction has undergone and passed its annual inspection. See Rhode Island General Laws 23-34.1-3
• Permit: means a permit to practice public accountancy issued under § 5-3. See Rhode Island General Laws 5-3.1-3
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Police officer: means any permanently employed city or town police officer, state police officer, committing squad member, or other permanent law enforcement officer as defined in § 12-7-21; provided, however, this shall not include the highest ranking officer of any of the departments. See Rhode Island General Laws 23-28.36-2
• Practice unit: means a sole proprietorship, corporation, partnership, or other entity engaged in the practice of public accounting in this state. See Rhode Island General Laws 5-3.1-3
• Principal residence: means the state in which a person has the right to register to vote for, or the right to vote in, general elections and in which he or she qualifies to file a resident state income tax return. See Rhode Island General Laws 5-3.1-3
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Qualified licensed engineer: means a licensed mechanical engineer who has at least five (5) years of experience in his or her field and has experience in amusement ride inspection. See Rhode Island General Laws 23-34.1-3
• Qualified mechanic: shall mean a person employed by a qualified service company to whom, due to experience and qualifications, a license to construct, install, maintain, or repair elevators, escalators or other devices subject to the provisions of this chapter has been issued by the administrator of the division of occupational safety. See Rhode Island General Laws 23-33-1
• Qualified service company: shall mean a firm or corporation engaged in the business of construction, installation, maintenance or repair of elevators, escalators or other devices subject to the provisions of this chapter to which a license to conduct such business has been issued by the administrator of the division of occupational safety. See Rhode Island General Laws 23-33-1
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Repair: means to restore an amusement ride to a condition equal to or better than the original design specifications. See Rhode Island General Laws 23-34.1-3
• report: includes any form of language that disclaims an opinion when that language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to and/or any special competence on the part of the person or practice unit issuing that language; and it also includes any other form of language that is conventionally understood to imply that assurance and/or special knowledge or competence. See Rhode Island General Laws 5-3.1-3
• Review board: shall mean the occupational safety and health review board created under § 28-20-19. See Rhode Island General Laws 23-33-1
• Ride file jacket: means a file concerning an individual amusement ride or device that contains nondestructive test reports on the testing firm's official letterhead; the name of the ride, the manufacturer and date of manufacture; maintenance records; records of any alterations; ride serial number; daily check lists and engineer's reports; and proof of insurance. See Rhode Island General Laws 23-34.1-3
• Ride operator: means the person in charge of an amusement ride or device and who causes the amusement ride or device to operate. See Rhode Island General Laws 23-34.1-3
• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• Serious injury: means an injury requiring a minimum of one overnight stay in a hospital for treatment or observation. See Rhode Island General Laws 23-34.1-3
• Service of process: The service of writs or summonses to the appropriate party.
• square feet: as used in this chapter , shall be the total floor space and/or storage capacity of the subject building or structure, as determined and certified by the building code commission or his or her designee, subject to review by the board. See Rhode Island General Laws 23-29.1-4
• State: means the states of the United States, the District of Columbia, Puerto Rico, Guam, and the U. See Rhode Island General Laws 5-3.1-3
• Statute: A law passed by a legislature.
• Strike force member: means any member of the statewide strike force of the department of attorney general. See Rhode Island General Laws 23-28.36-2
• Subpoena: A command to a witness to appear and give testimony.
• Substantial equivalency: means a determination by the board of accountancy that the education, examination, and experience requirements contained in the statutes and administrative rules of another state or jurisdiction are comparable to or exceed the education, examination, and experience requirements included in this chapter or that an individual CPA's education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements contained in this chapter. See Rhode Island General Laws 5-3.1-3
• Temporary amusement device: means a device that is used as an amusement device or amusement attraction that is regularly relocated from time to time, with or without disassembly. See Rhode Island General Laws 23-34.1-3
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• this state: means the state of Rhode Island. See Rhode Island General Laws 5-3.1-3
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.