Terms Used In Rhode Island General Laws > Chapter 5-51 - Rhode Island State Board of Examiners of Landscape Architects

• Administrator: means the director of the division of taxation. See Rhode Island General Laws 44-40-2
• 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.
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Balanced budget: A budget in which receipts equal outlays.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the Rhode Island state board of examiners of landscape architects. See Rhode Island General Laws 5-51-1
• Certified historic structure: means a property which is located in the state of Rhode Island and is:

  (i)  Listed individually on the National Register of Historic Places; or

  (ii)  Listed individually in the state register of historic places; or

  (iii)  Located in a registered historic district and certified by either the commission or Secretary of the Interior as being of historic significance to the district. See Rhode Island General Laws 44-33.2-2

• Certified historic structure: means a property which is located in the state of Rhode Island and is:

  (i)  Listed individually on the national register of historic places; or

  (ii)  Listed individually in the state register of historic places; or

  (iii)  Located in a registered historic district and certified by either the commission or Secretary of the Interior as being of historic significance to the district. See Rhode Island General Laws 44-33.6-2

• Certified maintenance or rehabilitation: means any maintenance or rehabilitation of a historic residence consistent with the historic character of that historic residence as determined in accordance with guidelines promulgated by the commission. See Rhode Island General Laws 44-33.1-2
• Certified rehabilitation: means any rehabilitation of a certified historic structure consistent with the historic character of such property or the district in which the property is located as determined by the commission guidelines. See Rhode Island General Laws 44-33.6-2
• Claimant: means a homeowner or renter, sixty-five (65) years of age or older, and/or disabled, who has filed a claim under this chapter and was domiciled in this state for the entire calendar year for which he or she files a claim for relief under this chapter. See Rhode Island General Laws 44-33-3
• Commission: means the state historical preservation commission created pursuant to § 42-45-2. See Rhode Island General Laws 44-33.1-2
• Commission: means the Rhode Island historical preservation and heritage commission created pursuant to § 42-45-2. See Rhode Island General Laws 44-33.2-2
• Commission: means the Rhode Island historical preservation and heritage commission created pursuant to § 42-45-2. See Rhode Island General Laws 44-33.6-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of business regulation. See Rhode Island General Laws 5-51-1
• Dependent: A person dependent for support upon another.
• Director: means the director of the department of business regulation or his or her designee. See Rhode Island General Laws 5-51-1
• Disabled: means those persons who are receiving a social security disability benefit. See Rhode Island General Laws 44-33-3
• Donor: The person who makes a gift.
• 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}
• 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}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Exempt from real property tax: means , with respect to any certified historic structure, that the structure is exempt from taxation pursuant to § 44-3-3. See Rhode Island General Laws 44-33.2-2
• Exempt from real property tax: means , with respect to any certified historic structure, that the structure is exempt from taxation pursuant to § 44-3-3. See Rhode Island General Laws 44-33.6-2
• Federal generation-skipping transfer tax: means the tax imposed by 26 U. See Rhode Island General Laws 44-40-2
• First user: means the first person to occupy a historic residence following the completion of a certified maintenance or rehabilitation. See Rhode Island General Laws 44-33.1-2
• 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.
• 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.
• Generation-skipping transfer: means every transfer subject to the tax imposed under 26 U. See Rhode Island General Laws 44-40-2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• Gross rent: includes the rental of space paid to a landlord for parking of a mobile home, or docking or mooring a houseboat, exclusive of any charges for utilities, services, furniture, furnishings, or personal appliances furnished by the landlord as a part of the rental. See Rhode Island General Laws 44-33-3
• 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.
• Hard construction costs: means the direct contractor costs for labor, material, equipment, and services associated with an approved project, contractors overhead and profit, and other direct construction costs. See Rhode Island General Laws 44-33.6-2
• Historic residence: means a historic residential structure that is not of a character subject to federal depreciation allowance pursuant to 26 U. See Rhode Island General Laws 44-33.1-2
• Holding period: means twenty-four (24) months after the commission issues a certificate of completed work to the owner. See Rhode Island General Laws 44-33.2-2
• Holding period: means twenty-four (24) months after the commission issues a certificate of completed work to the owner. See Rhode Island General Laws 44-33.6-2
• Homestead: means the dwelling, whether owned or rented, and so much of the land surrounding it, not exceeding one acre, as is reasonably necessary for use of the dwelling as a home, and may consist of a part of the multi-dwelling or multi-purpose building and a part of the land upon which it is built ("owned" includes a vendee in possession under a land contract and one or more joint tenants or tenants in common). See Rhode Island General Laws 44-33-3
• Household: means one or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit. See Rhode Island General Laws 44-33-3
• Household income: means all income received by all persons of a household in a calendar year while members of the household. See Rhode Island General Laws 44-33-3
• 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
• Income: means the sum of federal adjusted gross income as defined in the Internal Revenue Code of the United States, 26 U. See Rhode Island General Laws 44-33-3
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Landscape architect: means a person who engages or offers to engage in the practice of landscape architecture. See Rhode Island General Laws 5-51-1
• Landscape architecture: means planning and designing the use, allocation, and arrangement of land and water resources, through the creative application of biological, physical, mathematical, and social processes. See Rhode Island General Laws 5-51-1
• 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}
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• 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.
• Original transferor: means any grantor, donor, trustor, or testator who by gift, trust, or will makes a transfer of real or personal property that results in a federal generation- skipping transfer tax under applicable provisions of the Internal Revenue Code of the United States, 26 U. See Rhode Island General Laws 44-40-2
• Oversight: Committee review of the activities of a Federal agency or program.
• owned: includes a vendee in possession under a land contract and one or more joint tenants or tenants in common). See Rhode Island General Laws 44-33-3
• 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.
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Personal property: All property that is not real property.
• Placed in service: means that substantial rehabilitation work has been completed which would allow for occupancy of the entire structure or some identifiable portion of the structure, or the owner has commenced depreciation of the qualified rehabilitation expenditures, whichever occurs first. See Rhode Island General Laws 44-33.2-2
• Placed in service: means that substantial rehabilitation work has been completed which would allow for occupancy of the entire structure or some identifiable portion of the structure, as established in the Part 2 application. See Rhode Island General Laws 44-33.6-2
• Principal residence: means the principal residence of the owner within the meaning of § 121 of the Internal Revenue Code [26 U. See Rhode Island General Laws 44-33.2-2
• Principal residence: means the principal residence of the owner within the meaning of section 121 of the Internal Revenue Code [26 U. See Rhode Island General Laws 44-33.6-2
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property taxes accrued: means property taxes (exclusive of special assessments, delinquent interest, and charges for service) levied on a claimant's homestead in this state in 1977 or any calendar year thereafter. See Rhode Island General Laws 44-33-3
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified rehabilitation expenditures: means any amounts expended in the rehabilitation of a certified historic structure properly capitalized to the building and either: (i) depreciable under the Internal Revenue Code, 26 U. See Rhode Island General Laws 44-33.2-2
• Qualified rehabilitation expenditures: means any amounts expended in the rehabilitation of a certified historic structure properly capitalized to the building and either:

  (i)  Depreciable under the Internal Revenue Code, 26 U. See Rhode Island General Laws 44-33.6-2

• Quorum: The number of legislators that must be present to do business.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registered historic district: means any district listed in the National Register of Historic Places, or the state register of historic places. See Rhode Island General Laws 44-33.2-2
• Registered historic district: means any district listed in the national register of historic places or the state register of historic places. See Rhode Island General Laws 44-33.6-2
• Remain idle: means that substantial work has ceased at the subject project; work crews have been reduced by more than twenty-five percent (25%) for reasons unrelated to scheduled completion of work in accordance with the project schedule, reasonably unanticipated physical conditions, or force majeure; or the project schedule that was originally submitted by the taxpayer to the commission has been extended by more than twelve (12) months for reasons other than reasonably unanticipated physical conditions or an event of force majeure (by way of example, and not in limitation, any delays, work stoppage, or work force reduction caused by issues with project funding, finances, disputes, or violation of laws shall be deemed to cause a project to remain idle). See Rhode Island General Laws 44-33.6-2
• 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.
• Rent constituting property taxes accrued: means twenty percent (20%) of the gross rent actually paid in cash or its equivalent in any calendar year by a claimant and his or her household solely for the right of occupancy of their Rhode Island homestead in the calendar year, and which rent constitutes the basis, in the succeeding calendar year, of a claim for relief under this chapter by the claimant, but shall not include any part of the rent paid for occupancy of premises which are legally exempt from the payment of property taxes. See Rhode Island General Laws 44-33-3
• Scattered site development: means a development project for which the developer seeks unified financing to rehabilitate dwelling units in two (2) or more buildings located in an area that is defined by a neighborhood revitalization plan and is not more than one mile in diameter. See Rhode Island General Laws 44-33.6-2
• 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
• Social club: means a corporation or other entity and/or its affiliate that offers its facilities primarily to members for social or recreational purposes and the majority source of its revenue is from funds and/or dues paid by its members and/or an entity defined as a social club pursuant to the Internal Revenue Code section 501(c)(7). See Rhode Island General Laws 44-33.6-2
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Substantial construction: means that: (i) the owner of a certified historic structure has entered into a contract with the division of taxation and paid the processing fee; (ii) the commission has certified that the certified historic structure's rehabilitation will be consistent with the standards set forth in this chapter; and (iii) the owner has expended ten percent (10%) of its qualified rehabilitation expenditures, estimated in the contract entered into with the division of taxation for the project or its first phase of a phased project. See Rhode Island General Laws 44-33.6-2
• Substantial rehabilitation: means , with respect to a certified historic structure, that the qualified rehabilitation expenses of the building during the twenty-four (24) month period selected by the taxpayer ending with or within the taxable year exceed fifty percent (50%) of the adjusted basis in such building and its structural components as of the beginning of such period. See Rhode Island General Laws 44-33.2-2
• Substantial rehabilitation: means , with respect to a certified historic structure, that the qualified rehabilitation expenses of the building during the twenty-four (24) month period selected by the taxpayer ending with or within the taxable year exceed the adjusted basis in such building and its structural components as of the beginning of such period. See Rhode Island General Laws 44-33.6-2
• Testator: A male person who leaves a will at death.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• 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
• 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
• Trade or business: means an activity that is carried on for the production of income from the sale or manufacture of goods or performance of services, excluding residential rental activity. See Rhode Island General Laws 44-33.6-2
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• unit: refers to the parcel of property covered by a single tax statement of which the homestead is a part. See Rhode Island General Laws 44-33-3
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.