Terms Used In South Carolina Code > Title 40 > Chapter 36 > Article 3 - Occupational Therapy Licensure Compact

• Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;
  
  (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20
• Advertisement: means all representations, other than those on the label, relating to seed within the scope of this chapter. See South Carolina Code 46-21-15
• 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.
• Agricultural seed: means grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this State as agriculture seeds, lawn seeds, and combinations of these seeds and may include noxious weed seeds when the Commissioner determines that the seed is being used as agricultural seed. See South Carolina Code 46-21-15
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Board: means the South Carolina Board of Occupational Therapy. See South Carolina Code 40-36-20
• Brand: means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. See South Carolina Code 46-25-20
• Captain of the Port: means the United States Coast Guard officer designated by the Commandant of the Coast Guard to perform that function pursuant to Section 1. See South Carolina Code 54-17-20
• Certifying agency: means :
  
  (a) an agency authorized under the laws of a state, territory or possession to officially certify seed and which has standards and procedures approved by the U. See South Carolina Code 46-21-15
• Commercial fertilizer: means a substance containing one or more recognized plant nutrients used for plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by regulation of the commission. See South Carolina Code 46-25-20
• Commission: means the group of individuals comprising the Maritime Security Commission. See South Carolina Code 54-17-20
• Commission: means the State Crop Pest Commission or an officer or employee of the commission to whom it delegates its authority. See South Carolina Code 46-25-20
• 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.
• 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.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of test: means the month and year the percentage of germination appearing on the label was obtained by laboratory test. See South Carolina Code 46-21-15
• 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.
• Director: means the Director of Regulatory and Public Service Programs, Clemson University. See South Carolina Code 46-25-20
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distributor: means a person who imports, consigns, manufactures, produces compounds of, mixes, or blends commercial fertilizer or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this State. See South Carolina Code 46-25-20
• District Commander: means the Coast Guard officer designated by the Commandant of the Coast Guard to command a Coast Guard district. See South Carolina Code 54-17-20
• Division: means the Division of Regulatory and Public Service Programs, Clemson University, and its employees, agents, and officials. See South Carolina Code 46-25-20
• Dormant: means viable seed, excluding hard seed, which fail to germinate when provided the specified germination conditions for the kind of seed in question. See South Carolina Code 46-21-15
• 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}
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower or wildflower seeds in this State. See South Carolina Code 46-21-15
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Germination: means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, or indicative of the ability to produce a normal plant under favorable conditions. See South Carolina Code 46-21-15
• Grade: means the percentage of nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. See South Carolina Code 46-25-20
• Guaranteed analysis: means the minimum percentage of plant nutrients claimed in accordance with § 46-25-30. See South Carolina Code 46-25-20
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Hard seeds: means seeds which remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat. See South Carolina Code 46-21-15
• Hybrid: means the first generation seed of a cross produced by controlling the pollination and by combining:
  
  (a) two or more inbred lines;
  
  (b) one inbred or a single cross with an open pollinated variety; or
  
  (c) two varieties or species, except open-pollinated varieties of corn (Zea mays). See South Carolina Code 46-21-15
• 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.
• Inert matter: means all matter not seed, which includes broken seed, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by regulation. See South Carolina Code 46-21-15
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisprudence: The study of law and the structure of the legal system.
• Kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy. See South Carolina Code 46-21-15
• Label: means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer. See South Carolina Code 46-25-20
• Labeling: means all written, printed, or graphic matter upon or accompanying commercial fertilizer or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of commercial fertilizers. See South Carolina Code 46-25-20
• Labeling: means a tag or other device attached to or written, stamped, or printed on a container or accompanying a lot of bulk seed purporting to set forth the information required on the seed label by this act, and it may include other information relating to the labeled seed. See South Carolina Code 46-21-15
• Lawn and turf: means seeds of the grass family (Poaceae) that are used within the industry for lawn and turf applications. See South Carolina Code 46-21-15
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lot: means a definite quantity of seed identified by a unique lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See South Carolina Code 46-21-15
• Memorandum of Agreement: means a document that must be executed by the Chairman of the Maritime Security Commission and the Attorney General of South Carolina on behalf of the State and the United States Navy, detailing fiduciary duties, potential liability, and federal support issues for a South Carolina Naval Militia and must be renewed every five years. See South Carolina Code 54-17-20
• mixture: means seed consisting of more than one kind, each in excess of five percent by weight of the whole. See South Carolina Code 46-21-15
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Oath: A promise to tell the truth.
• Occupational therapist: means a person licensed to practice occupational therapy. See South Carolina Code 40-36-20
• Occupational therapy: means the functional evaluation and treatment of individuals whose ability to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability. See South Carolina Code 40-36-20
• Occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. See South Carolina Code 40-36-20
• Official sample: means a sample of commercial fertilizer taken by the board or its agent and designated "official" by the board. See South Carolina Code 46-25-20
• Origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See South Carolina Code 46-21-15
• Other crop seed: means seeds of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by regulation. See South Carolina Code 46-21-15
• 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.
• Percent: means the percentage by weight. See South Carolina Code 46-25-20
• Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See South Carolina Code 46-21-15
• Person: includes individual, partnership, association, firm, and corporation. See South Carolina Code 46-25-20
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• plant: includes seedlings, nursery stock, roots, tubers, bulbs, cuttings, and other plant parts used in the propagation of field crops, vegetables, fruits, flowers, or other plants. See South Carolina Code 46-21-665
• Port: means a developed area of maritime commerce. See South Carolina Code 54-17-20
• Private hearing: means a discussion of facts between the person charged and the enforcement officer. See South Carolina Code 46-21-15
• Privileges: means that based upon title or membership, an individual is entitled to accommodations of the naval service and such recognition by other services of this State. See South Carolina Code 54-17-20
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prohibited noxious weed seeds: means those seeds that are prohibited from being present in agricultural, vegetable, or flower seed and are the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. See South Carolina Code 46-21-15
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Pure seed: means seed exclusive of inert matter and all other seeds not of the seed being considered as determined by methods defined by regulation. See South Carolina Code 46-21-15
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registrant: means the person who registers commercial fertilizer under this chapter. See South Carolina Code 46-25-20
• 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.
• Restricted fertilizer: means a commercial fertilizer having a potential explosive capacity that is determined by the commission to present an unreasonable threat to public safety. See South Carolina Code 46-25-20
• Restricted noxious weed seeds: means those weed seeds that are objectionable in agricultural crops, lawns, and gardens of this State and may be controlled by good cultural practices or the use of herbicides. See South Carolina Code 46-21-15
• Security zone: means an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as may be necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States, or to secure the observance of the rights and obligations of the United States. See South Carolina Code 54-17-20
• seed: as used in this article refers to the true seeds of all field crops, vegetables, flowers, or other plants. See South Carolina Code 46-21-665
• Seizure: means a legal process carried out by court order against a definite amount of seed. See South Carolina Code 46-21-15
• 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.
• Specialty fertilizer: is a commercial fertilizer distributed primarily for nonfarm use such as home gardens, lawns, shrubbery, flowers, foliage plants, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. See South Carolina Code 46-25-20
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Ton: means a net weight of two thousand pounds avoirdupois. See South Carolina Code 46-25-20
• 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.
• Treated: means that the seed has received an application of a substance or that it has been subjected to a process for which a claim is made. See South Carolina Code 46-21-15
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See South Carolina Code 46-21-15
• variety: means its original meaning and includes strains of varieties which are sufficiently different from the parent variety to justify special designation. See South Carolina Code 46-21-665
• Variety: means a subdivision of a kind which is distinct, uniform, and stable. See South Carolina Code 46-21-15
• Vegetable seeds: means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this State. See South Carolina Code 46-21-15
• Venue: The geographical location in which a case is tried.
• Weed seed: means the seeds of all plants generally recognized as weeds within this State, as determined by methods defined by regulation, and includes the prohibited and restricted noxious weed seeds. See South Carolina Code 46-21-15
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.