Article 1 General Provisions
Article 5 South Carolina Respiratory Care Practice Act
Article 6 Acupuncture Act of South Carolina
Article 7 South Carolina Physician Assistants Practice Act
Article 9 South Carolina Anesthesiologist’S Assistants Practice Act
Article 10 South Carolina Registered Cardiovascular Invasive Specialist Act

Terms Used In South Carolina Code > Title 40 > Chapter 47

  • abandoned: means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days. See South Carolina Code 50-21-10
  • Accredited veterinarian: means a licensed veterinarian approved by the United States Department of Agriculture and the state veterinarian. See South Carolina Code 47-13-1310
  • Active license: means the status of an authorization to practice that has been renewed for the current period and authorizes the licensee to practice in this State. See South Carolina Code 40-47-20
  • Actor: means a person accused of any of the offenses defined in this chapter. See South Carolina Code 47-21-20
  • Administrative expenses: means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund pursuant to Section 59-150-170. See South Carolina Code 59-150-20
  • Administrative hearing officer: means a physician designated by the board or director. See South Carolina Code 40-47-20
  • 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
  • Adverse disciplinary action: means a final decision by a United States or foreign licensing jurisdiction, a peer review group, a health care institution, a professional or medical society or association, or a court, which action was not resolved completely in the licensee's favor. See South Carolina Code 40-47-20
  • Adverse effect: means an effect on a historic property, including alteration, destruction, or demolition, that diminishes the property's historic integrity. See South Carolina Code 60-12-10
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the state agency, department, foundation, or institution that is responsible for or has jurisdiction over the project or that has ownership or jurisdiction over the historic property. See South Carolina Code 60-12-10
  • Allegation: something that someone says happened.
  • alternate supervising physician: means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who accepts the responsibility to supervise a PA's activities in the absence of the supervising physician and this physician is approved by the physician supervisor in writing in the scope of practice guidelines. See South Carolina Code 40-47-910
  • 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.
  • Anesthesiologist: means a physician who has successfully completed an approved anesthesiology training program including, but not limited to, a program approved by the Accreditation Committee on Graduate Medical Education, American Osteopathic Association, or its equivalent or successor. See South Carolina Code 40-47-1210
  • Animal: means a warm- or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects. See South Carolina Code 47-21-20
  • Animal facility: includes a vehicle, building, structure, or premises where an animal is kept, tested, handled, housed, exhibited, bred, or offered for sale and includes a research facility where research or testing on animals is conducted. See South Carolina Code 47-21-20
  • Animal Shelter: means :

    (a) a facility operated by or under contract for the State or a county, a municipal corporation, or other political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals;

    (b) a veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for the purpose set forth in subitem (a) in addition to its customary purposes;

    (c) a facility operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. See South Carolina Code 47-3-470
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means the person who or nonprofit corporate entity that desires to form a charter school and files the necessary application with the South Carolina Public Charter School District Board of Trustees, the local school board of trustees in which the charter school is to be located, or the board of trustees or area commission of a public or independent institution of higher learning. See South Carolina Code 59-40-40
  • 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 written scope of practice guidelines: means specific statements developed by a physician or the medical staff and a physician assistant that establish physician delegation for medical aspects of care, including the prescription of medications. See South Carolina Code 40-47-20
  • Appurtenant works: include , but are not limited to, structures such as spillways, either in the dam or separate from it, low-level outlet works, and water conduits. See South Carolina Code 49-11-120
  • Aquaculture: means controlled cultivation of an aquatic species in confinement. See South Carolina Code 50-18-210
  • Aquaculture business: means being involved in aquaculture for a commercial purpose. See South Carolina Code 50-18-210
  • Aquacultured product: means any living or nonliving form, part, or portion of an aquatic species spawned, raised, or produced by means of aquaculture, including an egg or offspring thereof. See South Carolina Code 50-18-210
  • Aquaculturist: means a person or entity engaged in aquaculture. See South Carolina Code 50-18-210
  • Area of sales responsibility: means the geographical area, agreed to by the dealer and the manufacturer in the manufacturer/dealer agreement, within which area the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line make to the retail public. See South Carolina Code 56-14-10
  • 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.
  • Authority: means a regional transportation authority created pursuant to this chapter and the authorities so created are exempt from the provisions of Article 11 of Chapter 11 of Title 6. See South Carolina Code 58-25-20
  • automobile graveyard: shall mean any establishment which is maintained or used for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. See South Carolina Code 57-27-20
  • Auxiliary power unit: means a mechanical or electrical device affixed to a vehicle that is designed to be used to generate an alternative source of power for any of the vehicle's systems other than the primary propulsion engine. See South Carolina Code 56-35-10
  • Avoided costs: means payments for purchases of electricity made according to an electrical utility's most recently approved or established avoided cost rates in this State or rates negotiated pursuant to PURPA, in the year the costs are incurred, for purchases of electricity from qualifying facilities pursuant to Section 210 of the Public Utility Regulatory Policies Act, said costs to be calculated as set forth in Section 58-39-140(A)(1). See South Carolina Code 58-39-120
  • Avoided costs: means the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, such utility would generate itself or purchase from another source. See South Carolina Code 58-41-10
  • 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.
  • Bang stick: means a device containing a charge mounted on a spear, pole, or other contrivance which is activated in order to stun or kill fish or other marine resource. See South Carolina Code 50-5-15
  • 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.
  • Barrel: means 42 U. See South Carolina Code 48-43-510
  • Base student: means that student classification that represents the most economically educated pupil in the school system, those in grades four through eight in regular classroom settings. See South Carolina Code 59-20-20
  • 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
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • Blind student: means an individual who is eligible for special education services and who:

    (a) has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or

    (b) has a medically indicated expectation of visual deterioration. See South Carolina Code 59-34-20
  • Board: means the South Carolina Tobacco Community Development Board. See South Carolina Code 46-30-210
  • Board: means the State Fiscal Accountability Authority's governing board. See South Carolina Code 48-52-810
  • Board: means board of the department. See South Carolina Code 48-43-10
  • Board: means the governing body of the South Carolina Department of Natural Resources. See South Carolina Code 50-11-20
  • Board: means the State Board of Education. See South Carolina Code 59-32-10
  • board: means the board of trustees of the university;

    (2) "equipment" means items with a useful life of at least fifteen years;

    (3) "facilities" means the real and personal property and equipment specified in Section 59-147-20(2) of this chapter whether or not the acquisition or construction thereof is financed from the proceeds of bonds issued pursuant to this chapter;

    (4) "revenues" means the revenues derived or to be derived from the operation, sale, lease, or other disposition of the facilities; and

    (5) "university" means all research and four-year public institutions of higher education. See South Carolina Code 59-147-20
  • Board: means the Board of Commissioners of the South Carolina Lottery Commission. See South Carolina Code 59-150-20
  • Board: means the State Board of Education. See South Carolina Code 59-155-120
  • Board: means the Board of Medical Examiners of South Carolina. See South Carolina Code 40-47-510
  • Board: means the Board of Medical Examiners of South Carolina. See South Carolina Code 40-47-910
  • Board: means the Board of Medical Examiners of South Carolina. See South Carolina Code 40-47-1210
  • Board: means the State Board of Medical Examiners for South Carolina. See South Carolina Code 40-47-20
  • Board: means the South Carolina Board of Natural Resources. See South Carolina Code 50-5-15
  • Board-approved credentialing organization: means an organization that offers a certification examination in a specialty area of practice, establishes scope and standards of practice statements, and provides a mechanism approved by the board for evaluating continuing competency in a specialized area of practice. See South Carolina Code 40-47-20
  • Boat: means a vessel. See South Carolina Code 50-21-10
  • bodily injury: means (1) broken bones, (2) lacerations, (3) punctures of the skin, or (4) any physical injury resulting in death. See South Carolina Code 47-3-710
  • Braille: means the system of reading and writing through touch commonly known as standard English Braille. See South Carolina Code 59-34-20
  • 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
  • Building: means a construction that was created to shelter any form of human activity, including a house, barn, church, or hotel. See South Carolina Code 60-12-10
  • Building project: means the design, construction, renovation, operation, and maintenance of any inhabited physical structure and its associated project building site. See South Carolina Code 48-52-810
  • Bull rake: means a rake having a basket and a width greater than twelve inches. See South Carolina Code 50-5-15
  • Bushel: means one U. See South Carolina Code 50-5-15
  • business: means any lawful activity conducted primarily (1) for the purchase and resale, manufacture, processing, or marketing of products, commodities or any other personal property; (2) for the sale of services to the public; or (3) by a nonprofit organization. See South Carolina Code 55-15-10
  • Business days: means every day except Saturdays, Sundays, and legal holidays. See South Carolina Code 40-47-20
  • Business with which he is associated: means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock. See South Carolina Code 58-4-5
  • Cancellation: means the withdrawal or invalidation of an authorization to practice that was issued to an ineligible person either in error or based upon a false, fraudulent, or deceptive representation in the application process. See South Carolina Code 40-47-20
  • 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
  • Cardiologist: means a physician who has successfully completed an approved cardiology training program including, but not limited to, a program approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor. See South Carolina Code 40-47-1520
  • Cardiovascular Invasive Specialist: means a cardiovascular invasive specialist who is currently registered by Cardiovascular Credentialing International, has graduated from an accredited program of Cardiovascular Invasive Technology and who working under the direct supervision of a cardiologist performs procedures on patients resulting in accurate diagnosis and/or optimal treatment of congenital or acquired heart disease. See South Carolina Code 40-47-1520
  • casino gambling: means a location or business for the purpose of conducting unlawful gambling activities, but excluding the sale and purchase of lottery game tickets or shares; and "pari-mutuel betting" means a method or system of wagering on actual races including races involving horses or dogs at tracks and the distribution of winnings by pools. See South Carolina Code 59-150-20
  • Cast net: means nonbaited circular webbing having a weighted peripheral line which is thrown by hand and retrieved by a central line connected to radiating tuck lines attached to the peripheral line. See South Carolina Code 50-5-15
  • Certificate of Clearance: means a permit prescribed by the department for the transportation or the delivery of oil or gas or product. See South Carolina Code 48-43-10
  • Certification: means approval by an established body, other than the board, but recognized by the board, that recognizes the unique, minimal requirements of specialized areas of practice. See South Carolina Code 40-47-20
  • Chambers: A judge's office.
  • Channel net: means any conical-shaped, fixed, or stationary net used for taking shrimp which:

    (a) is attached to poles, stakes, anchors, buoys, or other fixed objects; and

    (b) has a mesh size of less than two and one-half inches when the mesh is stretched; and is also known as a set net. See South Carolina Code 50-5-15
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Charter committee: means the governing body of a charter school formed by the applicant to govern through the application process and until the election of a board of directors is held. See South Carolina Code 59-40-40
  • Charter fishing vessel: means a vessel used to transport recreational saltwater fishermen for hire and includes charter, party, and head boats. See South Carolina Code 50-5-15
  • charter school: means a public, nonreligious, nonhome-based, nonprofit corporation forming a school that operates by sponsorship of a public school district, the South Carolina Public Charter School District, or a public or independent institution of higher learning, but is accountable to the board of trustees, or in the case of technical colleges, the area commission, of the sponsor which grants its charter. See South Carolina Code 59-40-40
  • Charter school contract: means a fixed term, renewable contract between a charter school and a sponsor that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See South Carolina Code 59-40-40
  • Chop shop: means any building, lot, or other premises where one or more persons are or have been knowingly engaged in altering, destroying, disassembling, dismantling, reassembling, or knowingly storing any motor vehicle, or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud, in order either to:

    (a) alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number of the motor vehicle or motor vehicle part, in order to misrepresent the identity of the motor vehicle or motor vehicle part, or to prevent the identification of the motor vehicle or motor vehicle part, or

    (b) sell or dispose of the motor vehicle or motor vehicle part. See South Carolina Code 56-29-20
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • City: means any municipality with a population of five thousand or more according to the latest United States Census of population located within the service area of the authority. See South Carolina Code 58-25-20
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commercial diesel vehicle: means a self-propelled diesel motor vehicle licensed for use on a public roadway to transport passengers or property when the vehicle has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of ten thousand and one pounds or more, whichever is greater. See South Carolina Code 56-35-10
  • Commercial equipment: means :

    (a) any trawl, haul seine, gill net, channel net, bull rake, seed fork, grabs, escalator, or dredge; and

    (b) any net, seine, trap, pot, tongs, rake, fork, trotline, or other device or appliance when used for taking or attempting to take fish for a commercial purpose. See South Carolina Code 50-5-15
  • 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
  • Commercial purpose: means the culture, processing, purchase, sale, transfer, exchange, or the offer or exposure for sale, transfer, or exchange of a product, or engaging in aquaculture or aquaculture business in order to derive income or other consideration. See South Carolina Code 50-18-210
  • Commercial purpose: means :

    (a) being engaged in buying or selling fish;

    (b) taking or attempting to take fish in order to derive income or other consideration;

    (c) using commercial equipment; and

    (d) otherwise being engaged in the fisheries industry with the intent to derive income. See South Carolina Code 50-5-15
  • 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
  • Commission: means the Public Service Commission. See South Carolina Code 58-4-5
  • Commission: means the South Carolina Public Service Commission. See South Carolina Code 58-41-10
  • Commission: means the South Carolina Lottery Commission. See South Carolina Code 59-150-20
  • Commission: means the group of individuals charged by law with the responsibility of licensing or otherwise regulating an occupation or profession within the State. See South Carolina Code 40-1-20
  • Commission: means the group of individuals comprising the Maritime Security Commission. See South Carolina Code 54-17-20
  • Commissioner: means the Commissioner of the Department of Health and Environmental Control. See South Carolina Code 48-2-320
  • Committee: means the Migratory Waterfowl Committee. See South Carolina Code 50-11-20
  • Committee: means the Respiratory Care Committee which is established by this article as an advisory committee responsible to the board. See South Carolina Code 40-47-510
  • Committee: means the Physician Assistant Committee as established by this article as an advisory committee responsible to the board. See South Carolina Code 40-47-910
  • Committee: means the Anesthesiologist's Assistant Committee as established by this article as an advisory committee responsible to the board. See South Carolina Code 40-47-1210
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • 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.
  • Comprehensive health education: means health education in a school setting that is planned and carried out with the purpose of maintaining, reinforcing, or enhancing the health, health-related skills, and health attitudes and practices of children and youth that are conducive to their good health and that promote wellness, health maintenance, and disease prevention. See South Carolina Code 59-32-10
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Condensate: means liquid hydrocarbons that were originally in the gaseous phase in the reservoir. See South Carolina Code 48-43-10
  • Consent: means assent in fact, whether express or apparent. See South Carolina Code 47-21-20
  • Consolidated government: means the governmental body formed by corporate consolidation of municipal and county governments under the laws of this State into a single local government entity. See South Carolina Code 58-25-20
  • Consumer: means the purchaser or lessor, other than for purposes of resale, of a motor vehicle normally used for personal, family, or household purposes and subject to the manufacturer's express warranty, and any other person entitled by the warranty to enforce the obligations of the warranty. See South Carolina Code 56-28-10
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contributor: means a person who makes or is obligated to make advance payments in accordance with a prepaid tuition contract. See South Carolina Code 59-4-20
  • convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: as used in this article includes the entry of a plea of guilty, the entry of a plea of nolo contendere, and the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-9-1110
  • 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.
  • County: means any county of this State, all or any part of which may be included in an "urbanized area" as defined by the United States Bureau of the Census and as further defined in this chapter. See South Carolina Code 58-25-20
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Credit recovery: means self-paced, semester-long courses that target learning in areas of greatest weakness, allowing nontraditional or at-risk students to rapidly complete courses, recover credits, and progress to graduation. See South Carolina Code 59-16-30
  • Criminal history: means a federal, state, or local criminal history of conviction or a pending charge or indictment of a crime, whether a misdemeanor or a felony, that bears upon a person's fitness or suitability for an authorization to practice with responsibility for the safety and well-being of others. See South Carolina Code 40-47-20
  • Crop operation: includes a vehicle, building, structure, or premises where a crop is raised, maintained, tested, handled, housed, exhibited, or offered for sale and includes a research facility where research on or testing of crops is conducted. See South Carolina Code 47-21-20
  • Crustacean: means all forms of crabs, shrimp, crayfish, stone crabs, lobsters, and other motile fish having a chitonized shell excluding snails and horseshoe crabs. See South Carolina Code 50-5-15
  • Culch: means oyster shell or other substrate which is purposely placed for propagation of oysters through the attachment of oyster larvae. See South Carolina Code 50-5-15
  • Dam: means an artificial barrier with appurtenant works, including, but not limited to, dams, levees, dikes, or floodwalls for the impoundment or diversion of waters or other fluids where failure may cause danger to life or property. See South Carolina Code 49-11-120
  • Damage: means a loss or damage to a rented vehicle or rental vehicle including the loss of use and costs and expenses incident to the damage, loss, and loss of use. See South Carolina Code 56-31-20
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Danger to life or property: means a situation exists where the hazard potential as determined by the department is such that dam failure or improper reservoir operation may cause injury to persons, loss of human life, or damage to property. See South Carolina Code 49-11-120
  • dangerous animal: means an animal of the canine or feline family:

    (1) which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals;

    (2) which:

    (a) makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined as required by Section 47-3-720; or

    (b) commits unprovoked acts in a place other than the place where the animal is confined as required by Section 47-3-720 and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being;

    (3) which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting. See South Carolina Code 47-3-710
  • Dealer: means any person, firm, corporation, or business entity licensed or required to be licensed under this chapter to sell new recreational vehicles to the retail public. See South Carolina Code 56-14-10
  • Dealership facilities: means the real estate, buildings, fixtures, and improvements devoted to the conduct of business under the franchise by the new motorcycle dealer. See South Carolina Code 56-16-10
  • Decedent: A deceased person.
  • 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.
  • Delegated medical acts: means additional acts delegated by a physician or dentist to a physician assistant, respiratory care practitioner, anesthesiologist's assistant, or other practitioner authorized by law under approved written scope of practice guidelines or approved written protocols as provided by law in accordance with the applicable scope of professional practice. See South Carolina Code 40-47-20
  • Dentist: means a dentist licensed by the South Carolina Board of Dentistry. See South Carolina Code 40-47-20
  • Department: means the South Carolina Department of Motor Vehicles. See South Carolina Code 56-14-10
  • Department: means the South Carolina Department of Agriculture. See South Carolina Code 46-41-210
  • Department: means the Department of Transportation. See South Carolina Code 57-27-20
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-2-20
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 48-2-320
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 48-43-510
  • Department: means the Department of Natural Resources. See South Carolina Code 48-9-15
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-43-10
  • Department: means the South Carolina Department of Health and Environmental Control or its staff or agents. See South Carolina Code 49-11-120
  • Department: means the South Carolina Department of Natural Resources. See South Carolina Code 50-11-20
  • Department: means the State Department of Education. See South Carolina Code 59-32-10
  • Department: means the State Department of Education. See South Carolina Code 59-146-30
  • Department: means the State Department of Education. See South Carolina Code 59-155-120
  • Department: means the Department of Archives and History. See South Carolina Code 60-12-10
  • Department: means the Department of Labor, Licensing and Regulation;

    (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;

    (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;

    (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;

    (8) "Person" means an individual, partnership, or corporation;

    (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • 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.
  • Deprive: means :

    (a) to withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

    (b) to restore the animal or other property only upon payment for reward or other compensation; or

    (c) to dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely. See South Carolina Code 47-21-20
  • Designated beneficiary: means the individual who is designated as the beneficiary of amounts paid or to be paid to the South Carolina Tuition Prepayment Program or, in the case of a change in beneficiaries as permitted under this chapter, the individual who is the new beneficiary. See South Carolina Code 59-4-20
  • Detailed inspection: means all studies, investigations, and analyses necessary to evaluate conclusively the structural safety and hydraulic capacity of a dam or reservoir and appurtenant works. See South Carolina Code 49-11-120
  • Devise: To gift property by will.
  • Director: means the Director of Regulatory and Public Service Programs, Clemson University. See South Carolina Code 46-25-20
  • Director: means the director of the department. See South Carolina Code 48-43-510
  • Director: means the administrative head of the department appointed by the board. See South Carolina Code 48-9-15
  • Director: means the head of the South Carolina Tuition Prepayment Program. See South Carolina Code 59-4-20
  • Discharge: shall include , but not be limited to, any spilling, leaking, seeping, pouring, emitting, emptying, or dumping which occurs within the territorial limits of the State or outside of the territorial limits of the State and affects lands and waters within the territorial limits of the State. See South Carolina Code 48-43-510
  • Discharge cleanup organization: means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities in any port or harbor of the State, and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of pollutants through cooperative efforts and shared equipment and facilities. See South Carolina Code 48-43-510
  • Disciplinary action: means a final decision and sanction imposed at the conclusion of a disciplinary proceeding. See South Carolina Code 40-47-20
  • Discipline-specific literacy: means the ability to read, write, listen, and speak across various disciplines and content areas including, but not limited to, English/language arts, science, mathematics, social studies, physical education, health, the arts, and career and technology education. See South Carolina Code 59-155-120
  • 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:
  • displaced person: means any person who moves from real property as a result of the acquisition or reasonable expectation of acquisition of such real property, which may have been or is subsequently acquired, in whole or in part, for an airport, or as the result of the acquisition for an airport of other real property on which such person conducts a business or farm operation. See South Carolina Code 55-15-10
  • Distance learning: means the acquisition of knowledge and skills through mediated information and instruction, encompassing all technologies and other forms of learning at a distance. See South Carolina Code 59-16-30
  • Distributor: means any person who sells or distributes new motorcycles to motorcycle dealers or who maintains distributor representatives within the State. See South Carolina Code 56-16-10
  • 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
  • Distributor branch: means a branch office maintained by a distributor who sells or distributes new or used motorcycles to motorcycle dealers. See South Carolina Code 56-16-10
  • Distributor representative: means a representative employed by a distributor branch or distributor. See South Carolina Code 56-16-10
  • 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
  • Districts: means the soil and water conservation districts of this State. See South Carolina Code 49-11-120
  • 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
  • Division: means the Land, Water, and Conservation Division of the Department of Natural Resources. See South Carolina Code 48-9-15
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Dredge: means equipment used for harvesting bottom dwelling aquatic life which is not a trawl and is powered by mechanical means, and is designed to contact the bottom when in operation. See South Carolina Code 50-5-15
  • Drop net: means a net mounted to a rigid frame with its diameter or diagonal width being eight feet or less and designed to be fished vertically by hand. See South Carolina Code 50-5-15
  • Ecosystem: means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life. See South Carolina Code 50-15-10
  • Educational purposes and programs: means educational expenses and scholarships as defined in Section 59-150-350(D). See South Carolina Code 59-150-20
  • Effective consent: includes consent by a person legally authorized to act for the owner. See South Carolina Code 47-21-20
  • 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
  • Eligible customer: means a retail customer with a new or existing contract demand greater than or equal to one megawatt at a single-metered location or aggregated across multiple-metered locations. See South Carolina Code 58-41-10
  • Elver: means all American eels (Anguilla rostrata) less than or equal to six inches in total length. See South Carolina Code 50-5-15
  • 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
  • Endangered species: means any species or subspecies of wildlife whose prospects of survival or recruitment within the State are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors:

    (a) the destruction, drastic modification, or severe curtailment of its habitat, or

    (b) its over-utilization for scientific, commercial, or sporting purposes, or

    (c) the effect on it of disease, pollution, or predation, or

    (d) other natural or manmade factors affecting its prospects of survival or recruitment within the State, or

    (e) any combination of the foregoing factors. See South Carolina Code 50-15-10
  • Engages in an equine activity: means riding, training, providing, or assisting in providing medical treatment of, driving, or being a passenger upon an equine, mounted or unmounted, or a person assisting a participant or show management. See South Carolina Code 47-9-710
  • Enlargement: means a change in or an addition to an existing dam or reservoir which raises or may raise the water storage elevation of the water impounded by the dam or reservoir. See South Carolina Code 49-11-120
  • 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.
  • Entity: means a sole proprietorship, partnership, limited liability partnership, limited liability corporation, association, joint venture, cooperative, company, corporation, or other public or private legal entity authorized by law. See South Carolina Code 40-47-20
  • Environmental Emergency: means a situation, to be determined by the commissioner, that constitutes an immediate threat to the environment or public health, or both, and providing immediate, but temporary relief to the situation may require the expenditure of funds to effect a solution, provide temporary relief, or retain the services of appropriate technical personnel or contractors. See South Carolina Code 48-2-320
  • Equine: means a horse, pony, mule, donkey, or hinny. See South Carolina Code 47-9-710
  • Equine activity: means :

    (a) an equine show, fair, competition, performance, parade, or trail riding that involves a breed of equine and an equine discipline, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and Western performance riding, trail riding and Western games, and hunting. See South Carolina Code 47-9-710
  • Equine activity sponsor: means an individual, a group, a club, a partnership, or a corporation, whether the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, a pony club, 4-H club, hunt club, riding club, school and college-sponsored class, program, and activity, therapeutic riding program, and an operator, instructor, and promoter of an equine facility, including, but not limited to, a stable, clubhouse, ponyride string, fair, and an arena at which the activity is held or a landowner who has given permission for the use of his land in an equine activity either by easement or other means. See South Carolina Code 47-9-710
  • Equine infectious anemia: means a widely spread, virus-caused disease of the horse, commonly known as swamp fever, which is infectious in nature and spreads by improper use of hypodermic needles, other instruments, and insects. See South Carolina Code 47-13-1310
  • Equine professional: means a person engaged for compensation in:

    (a) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;

    (b) renting equipment or tack to a participant; or

    (c) examining or administering medical treatment to an equine as a veterinarian. See South Carolina Code 47-9-710
  • 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.
  • 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.
  • Executive director: means the Executive Director of the South Carolina Lottery Commission or his designee. See South Carolina Code 59-150-20
  • Executor: A male person named in a will to carry out the decedent
  • Exposed horse: means a horse which the state veterinarian or his authorized representative has reasonable grounds to believe has been exposed to equine infectious anemia. See South Carolina Code 47-13-1310
  • Factory branch: means a branch office maintained by a manufacturer which manufactures or assembles motorcycles for sale to distributors or motorcycle dealers or which is maintained for directing and supervising the representatives of the manufacturer. See South Carolina Code 56-16-10
  • Factory representative: means a representative employed by a manufacturer or by a factory branch for the purpose of making or promoting the sale of motorcycles or for supervising, servicing, instructing, or contracting with motorcycle dealers or prospective motorcycle dealers. See South Carolina Code 56-16-10
  • Fair market value: means the value based on the average market price being paid to producers on a specified date by the three licensed grain dealers nearest the grain dealer involved in the loss. See South Carolina Code 46-41-210
  • 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.
  • family: means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship. See South Carolina Code 55-15-10
  • Family life education: means instruction intended to:

    (a) develop an understanding of the physical, mental, emotional, social, economic, and psychological aspects of close personal relationships and an understanding of the physiological, psychological, and cultural foundations of human development;

    (b) provide instruction that will support the development of responsible personal values and behavior and aid in establishing a strong family life for themselves in the future and emphasize the responsibilities of marriage. See South Carolina Code 59-32-10
  • Family member: means a spouse, child, grandchild, parent, sibling, niece, nephew, or the spouse thereof. See South Carolina Code 56-14-10
  • farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See South Carolina Code 55-15-10
  • Federal aid primary system: means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Department of Transportation, and approved by the Secretary of Commerce or other appropriate federal official, pursuant to the provisions of Title 23 of the United States Code. See South Carolina Code 57-27-20
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Field: means the general area underlain by one or more pools. See South Carolina Code 48-43-10
  • Fifth-wheel trailer: means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use that complies with all applicable federal vehicle regulations and is of such size and weight as to not require a special highway movement permit when towed by a motorized vehicle equipped with a towing mechanism that is mounted above or forward of the tow vehicle's rear axle. See South Carolina Code 56-14-10
  • Final decision: means an order of the board that concludes a license application proceeding or formal disciplinary proceeding. See South Carolina Code 40-47-20
  • Financial contribution: means the sum of actual cash plus the actual value of any materials or in-kind services supplied. See South Carolina Code 58-25-20
  • 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.
  • Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
  • Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Folding camping trailer: means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use that complies with all applicable federal vehicle regulations and is constructed with collapsible partial side walls that fold for towing by another vehicle. See South Carolina Code 56-14-10
  • Fork length: means the length of a fish laid flat and measured from the tip of the closed mouth (snout) to the center of the fork of the tail. See South Carolina Code 50-5-15
  • Formal complaint: means a formal written complaint charging misconduct by a respondent in violation of this chapter, Chapter 1, Title 40, or any other provision of law. See South Carolina Code 40-47-20
  • Foundation program: means the program proposed to establish substantially equitable current operation funding levels for programs for South Carolina's public school students, regardless of their geographic location, after the students are transported to school and housed in school plants. See South Carolina Code 59-20-20
  • Franchise: means the written agreement or contract between any new motorcycle manufacturer, and any new motorcycle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchised product or leases or rents the dealership premises. See South Carolina Code 56-16-10
  • Franchisee: means a motorcycle dealer to whom a franchise is offered or granted. See South Carolina Code 56-16-10
  • Fraud: Intentional deception resulting in injury to another.
  • Fraud: means , in addition to its normal legal connotation: a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; and an intentional failure to disclose a material fact. See South Carolina Code 56-16-10
  • 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
  • fund: means a special account established within the Treasurer's Office in which is deposited all fees as authorized by this article to be collected for the department's environmental programs. See South Carolina Code 48-2-20
  • Fund: means the "Environmental Emergency Fund" established pursuant to this article. See South Carolina Code 48-2-320
  • Fund: means the South Carolina Tuition Prepayment Program Fund. See South Carolina Code 59-4-20
  • 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
  • Gas: means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir. See South Carolina Code 48-43-10
  • GBI: means the Green Building Initiative. See South Carolina Code 48-52-810
  • Generation credit: means a credit applied by an electrical utility to the bill of a participating customer that is equal to the value of the energy and capacity avoided by the electrical utility as a result of procuring energy and capacity from a renewable energy facility. See South Carolina Code 58-41-10
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gig: means a device used to spear fish by hand; to take fish by hand by use of a prong, spear, or similar device and includes bow and arrow. See South Carolina Code 50-5-15
  • Gill net: means a net which is designed to hang vertically and capture fish by entanglement usually of the head, gill covers, or preopercles, and does not include gill net for taking shad unless specified. See South Carolina Code 50-5-15
  • Globes: means the level of a building's sustainability and energy efficiency performance as determined by GBI's Green Globes Rating System. See South Carolina Code 48-52-810
  • 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
  • Grain: means any feed grains or oil seeds, except cotton seeds. See South Carolina Code 46-41-210
  • Grain dealer: means any person engaged in this State in buying, receiving, selling, exchanging, negotiating, processing for resale, or soliciting the sale, resale, exchange, or transfer of grain purchased from the producer or his agent or representative or received to be handled on a net return basis from the producer. See South Carolina Code 46-41-210
  • Green Globes Rating System: means the environmental building rating system established by the Green Building Initiative. See South Carolina Code 48-52-810
  • Guaranteed analysis: means the minimum percentage of plant nutrients claimed in accordance with Section 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
  • 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.
  • Haul seine: means a net of twine no smaller than #9 with a stretched mesh size no smaller than two inches and no larger than two and seven-eighths inches, one end of which is anchored to the shore and the other end is moved through the water by a vessel to take fish by encircling the fish and then being mechanically drawn to the shore. See South Carolina Code 50-5-15
  • Herring: means all life stages of the river herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus). See South Carolina Code 50-5-15
  • High-performance building: means a building designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment. See South Carolina Code 48-52-810
  • Historic properties: means those buildings, sites, objects, structures, and districts that are listed in the National Register of Historic Places. See South Carolina Code 60-12-10
  • Horse: means a member of the equine family over six months of age including horses, mules, asses, zebras, or other equidae. See South Carolina Code 47-13-1310
  • Humane society: means an unincorporated nonprofit organization existing for the purpose of prevention of cruelty to animals. See South Carolina Code 47-3-470
  • Illegal Gas: means gas that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the department. See South Carolina Code 48-43-10
  • Illegal Oil: means oil that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the department. See South Carolina Code 48-43-10
  • Illegal Product: means any product derived in whole or in part from illegal oil or illegal gas. See South Carolina Code 48-43-10
  • Immediate family: means an individual who is:

    (a) a child residing in the person's household;

    (b) a spouse of the person; or

    (c) an individual claimed by the person or the person's spouse as a dependent for income tax purposes. See South Carolina Code 58-4-5
  • Immediate family: means a person who is:

    (a) a spouse;

    (b) a child residing in the same household; or

    (c) claimed as a dependent for income tax purposes. See South Carolina Code 59-150-20
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Inactive license: means the official temporary retirement of a person's authorization to practice upon the person's notice to the board that the person does not wish to practice. See South Carolina Code 40-47-20
  • Incompetence: means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other practitioners of the same licensure status and required by the generally accepted standards of the profession. See South Carolina Code 40-47-20
  • 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
  • Independent credentials verification organization: means an entity approved by the board to provide primary source verification of an applicant's identity, medical education, postgraduate training, examination history, disciplinary history, and other core information required for licensure in this State. See South Carolina Code 40-47-20
  • Index of taxpaying ability: means an index of a local district's relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43 of Title 12 for the second completed taxable year preceding the fiscal year in which the index is used and these assessments must be the audited assessments by school district contained in the annual report submitted yearly to the Comptroller General's office. See South Carolina Code 59-20-20
  • 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.
  • Individualized education program: means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U. See South Carolina Code 59-34-20
  • Inherent risk of equine activity: means those dangers or conditions which are an integral part of equine activities, including, but not limited to:

    (a) the propensity of an equine to behave in ways that may result in injury, harm, or death to a person on or around the equine;

    (b) the unpredictability of an equine's reaction to sound, sudden movement, an unfamiliar object, a person, or another animal;

    (c) certain hazards such as surface and subsurface conditions;

    (d) collisions with other equines or objects; and

    (e) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, as failing to maintain control over the animal or not acting within the participant's ability. See South Carolina Code 47-9-710
  • Inherent risk of skating: means those dangers or risks which are an integral part of ice or roller skating including, but not limited to, injuries which result from contact with other skaters or spectators, injuries which result from falls caused by loss of balance, and injuries which involve objects or artificial structures properly within the intended path of travel of the skater. See South Carolina Code 52-21-10
  • Initial complaint: means a brief statement that alleges misconduct on the part of a licensee. See South Carolina Code 40-47-20
  • Initial licensure: means the first authorization to practice issued to a person by a licensing authority in this State or any other state. See South Carolina Code 40-47-20
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inshore salt waters: means those salt waters of this State between the landward limit of the Atlantic Ocean connected by COLREG demarcation lines, and the freshwater/saltwater dividing line. See South Carolina Code 50-5-15
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Integrated resource plan: means a plan which contains the demand and energy forecast for at least a fifteen-year period, contains the supplier's or producer's program for meeting the requirements shown in its forecast in an economic and reliable manner, including both demand-side and supply-side options, with a brief description and summary cost-benefit analysis, if available, of each option which was considered, including those not selected, sets forth the supplier's or producer's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service, and describes the external environmental and economic consequences of the plan to the extent practicable. See South Carolina Code 58-37-10
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • Intestate: Dying without leaving a will.
  • Isolation: means confinement of a reactor horse to an area not less than two hundred yards from another unaffected horse until a blood sample submitted from the reactor horse provides a negative Coggins test from a laboratory approved within the State or death. See South Carolina Code 47-13-1310
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, junked, dismantled, or wrecked automobiles, trucks and other motor vehicles, or parts of them, iron, steel, and other old or scrap ferrous or nonferrous material. See South Carolina Code 57-27-20
  • junkyard: shall mean an establishment which is maintained or used for storing, buying, or selling junk, or an automobile graveyard, and the term shall include garbage dumps, sanitary fills and scrap processors. See South Carolina Code 57-27-20
  • 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.
  • Just and Equitable Share of the Production: means , as to each person, that part of the authorized production from the pool that is substantially in the proportion that the amount of recoverable oil or gas or both in the developed areas of his tract or tracts in the pool bears to the recoverable oil or gas or both in the total of the developed areas in the pool. See South Carolina Code 48-43-10
  • 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
  • lands: as used in this chapter shall be held to cover and include railroads and all property assessed for benefits. See South Carolina Code 49-19-40
  • 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
  • LEED: means the U. See South Carolina Code 48-52-810
  • LEED Silver standard: means the Silver standard as set forth by USGBC's LEED Green Building Rating System. See South Carolina Code 48-52-810
  • Letter of caution or concern: means a written caution or warning about past or future conduct issued when it is determined that no misconduct has been committed. See South Carolina Code 40-47-20
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a current document authorizing a person to practice. See South Carolina Code 40-47-20
  • Licensed in good standing: means that one's authorization to practice has not been revoked and there are no restrictions or limitations currently in effect. See South Carolina Code 40-47-20
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited license: means a current time-limited and practice-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
  • Line make: means a specific series of recreational vehicle products that:

    (a) are identified by a common series trade name or trademark;

    (b) are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;

    (c) have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight;

    (d) belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and

    (e) the manufacturer/dealer agreement authorizes a dealer to sell. See South Carolina Code 56-14-10
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Live rock: means living saltwater organisms or an assemblage of them attached to a hard substrate including dead coral or rock. See South Carolina Code 50-5-15
  • Livestock: includes neat cattle, horses, mules, asses, hogs, sheep and goats; and

    (2) "Owner" and "stock owner" mean any person who owns livestock. See South Carolina Code 47-9-210
  • Local school board: means the governing board of public school districts as well as those of other state-supported institutions which provide educational services to students at the elementary and secondary school level. See South Carolina Code 59-32-10
  • Local school district: means any school district in the State except the South Carolina Public Charter School District and does not include special school districts. See South Carolina Code 59-40-40
  • Loss: means any monetary loss over and beyond the amount protected by the dealer's bond as a result of doing business with a dealer which includes, but is not limited to, bankruptcy, embezzlement, or fraud. See South Carolina Code 46-41-210
  • lottery games: means a game of chance approved by the General Assembly and operated pursuant to this chapter including, but not limited to, the lottery game categories of instant tickets, on-line lottery games and drawing numbers but excluding keno, pari- mutuel betting, and casino gambling as defined in this section. See South Carolina Code 59-150-20
  • Lottery retailer: means a person who sells lottery game tickets or shares on behalf of the South Carolina Lottery Commission pursuant to a contract. See South Carolina Code 59-150-20
  • Lottery vendor: means a person who provides or proposes to provide goods or services to the South Carolina Lottery Commission pursuant to a procurement contract, but does not include an employee of the commission, a lottery retailer, or a state agency or instrumentality of the State. See South Carolina Code 59-150-20
  • Major facility project: means :

    (i) a state-funded new construction building project in which the building to be constructed is larger than ten thousand gross square feet;

    (ii) a state-funded renovation project in which the project involves more than fifty percent of the replacement value of the facility or a change in occupancy; or

    (iii) a state-funded commercial interior tenant fit-out project that is larger than seven thousand five hundred square feet of leasable area. See South Carolina Code 48-52-810
  • Management: means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. See South Carolina Code 50-15-10
  • Manufacturer: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles. See South Carolina Code 56-14-10
  • Manufacturer: means any person, resident, or nonresident who manufacturers or assembles new motorcycles, or imports for distribution through distributors of motor vehicles, including any person, partnership, or corporation which acts for and is under the control of a manufacturer or assembler in connection with the distribution of motorcycles and includes distributor and factory branch. See South Carolina Code 56-16-10
  • Manufacturer: means any person, resident, or nonresident, who manufactures or assembles or imports or distributes new motor vehicles which are to be sold in the State. See South Carolina Code 56-28-10
  • Mariculture: means controlled cultivation in confinement of marine and estuarine organisms in salt waters. See South Carolina Code 50-5-15
  • Marina: means a facility which provides mooring or dry storage for watercraft. See South Carolina Code 50-21-10
  • Marine resource: means any live, fresh, processed, or frozen whole, part, or portion of any marine organism, anadromous fish, or catadromous fish, to include shell deposits occurring upon or within state-owned bottoms and those lying above the mean high water mark if created by processes of natural accretion upon state-owned lands or bottoms. See South Carolina Code 50-5-15
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Master Settlement Agreement: means the settlement agreement and related documents entered into on November 23, 1998, by the State and United States tobacco product manufacturers. See South Carolina Code 46-30-210
  • Medical director: means a physician licensed to practice medicine in South Carolina who has special interest and knowledge in the diagnosis, treatment, and assessment of respiratory problems. See South Carolina Code 40-47-510
  • Medical staff: means licensed physicians who are approved and credentialed to provide health care to patients in a hospital system or a facility that provides health care. See South Carolina Code 40-47-20
  • members: means a Commissioner or Commissioners of the Board of the South Carolina Lottery Commission. See South Carolina Code 59-150-20
  • 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
  • Metropolitan government: means any county or combination of contiguous counties, municipality, or combination of contiguous municipalities, or combination of contiguous county or counties and municipality or municipalities, or a consolidated government with a combined population of over fifty thousand persons. See South Carolina Code 58-25-20
  • Migratory waterfowl: means members of the family "Anatidae" including brants, ducks, geese, and swans. See South Carolina Code 50-11-20
  • Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
  • Minimize: means to lessen the adverse effect of a project on a historic property. See South Carolina Code 60-12-10
  • Minnow trap: means a trap having no opening which has a dimension greater than one inch only when used for taking small finfish for bait. See South Carolina Code 50-5-15
  • Minority business: means a business which meets the definition of a socially and economically disadvantaged small business as described in Article 21, Chapter 35, Title 11, specifically a small business concern which:

    (a) is at least fifty-one percent owned by one or more citizens of the United States who are determined to be socially and economically disadvantaged;

    (b) in the case of a concern which is a corporation, at least fifty-one percent of all classes of voting stock of such corporation is owned by an individual determined to be socially and economically disadvantaged; or

    (c) in the case of a concern which is a partnership, at least fifty-one percent of the partnership interest is owned by an individual or individuals determined to be socially and economically disadvantaged or whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. See South Carolina Code 59-150-20
  • Misconduct: means violation of any of the provisions of this chapter or regulations promulgated by the board pursuant to this chapter or violation of any of the principles of ethics as adopted by the board or incompetence or unprofessional conduct. See South Carolina Code 40-47-20
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • molluscan: means a member of the phylum Mollusca. See South Carolina Code 50-5-15
  • 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.
  • Motor vehicle: means :

    (a) a private passenger motor vehicle, as classified by Section 56-3-630, but excluding the living portion of recreational vehicles and off-road vehicles, which is sold and registered in this State; and

    (b) a motorcycle as defined in Section 56-1-10(8), including a motorcycle three-wheel vehicle as defined in Section 56-1-10(18), which is sold and registered in this State. See South Carolina Code 56-28-10
  • motorcycle dealer: means any person who sells or attempts to effect the sale of any motorcycle. See South Carolina Code 56-16-10
  • Motorhome: means a self-propelled vehicle designed to provide temporary living quarters for recreational, camping, or travel use that complies with all applicable federal vehicle regulations. See South Carolina Code 56-14-10
  • Municipality: means any incorporated city or town within the regional transportation area. See South Carolina Code 58-25-20
  • 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
  • NCCPA: means the National Commission on Certification of Physician Assistants, Inc. See South Carolina Code 40-47-910
  • Net proceeds: means all revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery games, less operating expenses and prizes. See South Carolina Code 59-150-20
  • new motor vehicle: means a motor vehicle which has been sold to a new motor vehicle dealer by a manufacturer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. See South Carolina Code 56-28-10
  • New motorcycle: means a motorcycle which has not been previously sold to any person except a distributor or wholesaler or motorcycle dealer for resale. See South Carolina Code 56-16-10
  • New recreational vehicle: means a recreational vehicle that has never been sold to the retail public nor titled or registered in any state. See South Carolina Code 56-14-10
  • 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.
  • Nonconformity: means a defect or condition that substantially impairs the use, value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent. See South Carolina Code 56-28-10
  • Nonindigenous species: means a species, strain, or variety not native to this State and not established in the wild in this State. See South Carolina Code 50-18-210
  • Oath: A promise to tell the truth.
  • Object: means a construction that is primarily artistic in nature or is relatively small in scale compared to a building or structure. See South Carolina Code 60-12-10
  • 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 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
  • Oil: means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir. See South Carolina Code 48-43-10
  • Online learning: means learning delivered by web-based or internet-based technologies. See South Carolina Code 59-16-30
  • Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
  • Operating expenses: means all costs of doing business including, but not limited to, prizes, commissions, and other compensation paid to a lottery retailer, advertising and marketing costs, rental fees, personnel costs, capital costs, depreciation of property and equipment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Section 59-150-170, and other operating costs. See South Carolina Code 59-150-20
  • Operator: means the person who operates or has charge or command of the navigation or use of a vessel or watercraft. See South Carolina Code 50-21-10
  • Operator: means any person engaged in, or intending to engage in, the business of providing public transportation, but does not include a person engaged primarily in the transportation of children to or from school or a person or agency furnishing transportation solely for his or its employees or customers. See South Carolina Code 58-25-20
  • Operator: means a person or entity who owns, manages, controls or directs, or who has operational responsibility for an ice or roller skating rink. See South Carolina Code 52-21-10
  • Optimum carrying capacity: means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function. See South Carolina Code 50-15-10
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: means a written document prepared and issued by the department which mandates specific actions to be accomplished by a dam owner within a specified time frame. See South Carolina Code 49-11-120
  • Osteopathic medicine: means a complete school of medicine and surgery utilizing all methods of diagnosis and treatment in health and disease and placing special emphasis on the interrelationship of the musculo-skeletal system to all other body systems. See South Carolina Code 40-47-20
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
  • owner: means a person who owns or has custody or control of the animal. See South Carolina Code 47-3-710
  • Owner: means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor. See South Carolina Code 47-21-20
  • Owner: means any person owning a terminal facility; "operator" means any person operating a terminal facility, whether by lease, contract, or other form of agreement. See South Carolina Code 48-43-510
  • Owner: means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas that he produces therefrom, either for himself or for himself and others. See South Carolina Code 48-43-10
  • Owner: means those who own, control, operate, maintain, manage, or propose to construct a dam or reservoir. See South Carolina Code 49-11-120
  • owner: as used in this chapter shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees or mortgagees, who shall not be counted and need not be notified by publication or served by process but shall be represented by the present owner of the freehold estate in any proceedings under this chapter. See South Carolina Code 49-19-30
  • Parent: shall mean the natural or adoptive parent or the guardian having legal custody of a child eligible and entitled to receive a scholarship grant under this chapter who is actually paying or who will pay the tuition cost of attendance of such child at a school which qualifies such child to receive a grant under the terms of this chapter. See South Carolina Code 59-41-10
  • Participant: means a person, amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. See South Carolina Code 47-9-710
  • Participating customer: means an eligible customer that elects to have a portion or all of its electricity needs supplied by a voluntary renewable energy program. See South Carolina Code 58-41-10
  • Participating customer agreement: means an agreement between a participating customer, its electrical utility, and the renewable energy supplier establishing each party's rights and obligations under the electrical utility's voluntary renewable energy program. See South Carolina Code 58-41-10
  • 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.
  • Passenger bus: means a vehicle designed to carry sixteen or more passengers. See South Carolina Code 56-35-10
  • Peeler crab: means a hard crab of the blue crab species (Callinectes sapidus) which has a fully formed soft shell beneath the exterior hard shell and exhibits molt signs in the form of red, pink, or white lines just inside the exterior margin of the rear paddle (swimming) legs. See South Carolina Code 50-5-15
  • Percent: means the percentage by weight. See South Carolina Code 46-25-20
  • person: means (1) any individual, partnership, corporation or association which is the owner of a business; (2) any owner, part owner, tenant, or sharecropper who operates a farm; (3) an individual who is the head of a family; or (4) an individual not a member of a family. See South Carolina Code 55-15-10
  • Person: means a natural person, corporation, partnership, trust, or other entity, and in case of an entity, includes any other entity in which it has a majority interest or effectively controls, as well as the individual officers, directors, and other persons in active control of the activities of each such entity. See South Carolina Code 56-14-10
  • Person: means a natural person, corporation, partnership, trust, or other entity, and, in case of an entity, it includes any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity. See South Carolina Code 56-16-10
  • Person: means an individual, corporation, partnership, association, or any other business entity. See South Carolina Code 56-27-10
  • Person: includes individual, partnership, association, firm, and corporation. See South Carolina Code 46-25-20
  • Person: includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity. See South Carolina Code 56-29-20
  • Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
  • Person: includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group. See South Carolina Code 61-2-100
  • Person: means an individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity. See South Carolina Code 47-21-20
  • Person: means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate, or any other legal entity whatsoever. See South Carolina Code 58-25-20
  • Person: means any individual, partnership, joint venture, corporation; any group of the foregoing, organized or united for a business purpose; or any governmental entity. See South Carolina Code 48-43-510
  • Person: means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representatives of any kind, and includes any government or any political subdivision or any agency thereof. See South Carolina Code 48-43-10
  • Person: means an individual, firm, corporation, association, partnership, club, private body, or other entity. See South Carolina Code 50-18-210
  • Person: means any individual, firm, corporation, association, or partnership. See South Carolina Code 50-15-10
  • Person: means an individual, corporation, partnership, unincorporated association, or other legal entity. See South Carolina Code 59-150-20
  • Person: means a natural person, male or female. See South Carolina Code 40-47-20
  • Personal property: All property that is not real property.
  • Physician: means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. See South Carolina Code 40-47-20
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pollutant: means any emission that significantly derogates the quality of the air, water or land. See South Carolina Code 48-43-10
  • Pollutants: shall include oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine, and derivatives thereof. See South Carolina Code 48-43-510
  • Pollution: means the presence in the outdoor atmosphere or waters of the States of any one or more substances or pollutants, in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation. See South Carolina Code 48-43-510
  • Pollution: means the act of emitting pollutants into the air or water or onto the land. See South Carolina Code 48-43-10
  • Pool: means an underground reservoir containing a common accumulation of oil and gas or both; each zone of a structure that is completely separated from any other zone in the same structure is a pool. See South Carolina Code 48-43-10
  • Port: means a developed area of maritime commerce. See South Carolina Code 54-17-20
  • Possession: means actual care, custody, control, or management. See South Carolina Code 47-21-20
  • 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
  • Power purchase agreement: means an agreement between an electrical utility and a small power producer for the purchase and sale of energy, capacity, and ancillary services from the small power producer's qualifying small power production facility. See South Carolina Code 58-41-10
  • Practice agreement: means a written agreement developed by an NP, CNM, or CNS and a physician or medical staff who agrees to work with and to support the NP, CNM, or CNS. See South Carolina Code 40-47-20
  • Practice of Medicine: means :

    (a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;

    (b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;

    (c) offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management of pregnancy and parturition;

    (d) offering or undertaking to perform any surgical operation upon a person;

    (e) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;

    (f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient is the practice of medicine subject to all of the powers provided to the Board of Medical Examiners, except as provided in Section 38-59-25;

    (g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr. See South Carolina Code 40-47-20
  • Practitioner: means a person who has been issued an authorization to practice in this State. See South Carolina Code 40-47-20
  • 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.
  • Pregnancy prevention education: means instruction intended to:

    (a) stress the importance of abstaining from sexual activity until marriage;

    (b) help students develop skills to enable them to resist peer pressure and abstain from sexual activity;

    (c) explain methods of contraception and the risks and benefits of each method. See South Carolina Code 59-32-10
  • 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.
  • Presiding officer: means the chairman of the hearing panel or a designee. See South Carolina Code 40-47-20
  • Private reprimand: means a statement by the board that misconduct was committed by a person authorized to practice which has been declared confidential and which is not subject to disclosure as a public document. See South Carolina Code 40-47-20
  • Private school: shall mean a private or independent elementary or high school which is not operated or controlled by any church, synagogue, sect or other religious organization or institution. See South Carolina Code 59-41-10
  • 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
  • Prize: means an award, gift, or anything of value regardless of whether there are conditions or restrictions attached to its receipt. See South Carolina Code 59-150-20
  • 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.
  • Probation: means the issuance of an authorization to practice conditioned upon compliance with terms and conditions imposed by a licensing board in this State or another state. See South Carolina Code 40-47-20
  • Proceeds: means all lottery revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery or received by the commission. See South Carolina Code 59-150-20
  • Proctored: means directly monitored by an adult authorized by the South Carolina Virtual School Program. See South Carolina Code 59-16-30
  • Producer: means any producer of grain. See South Carolina Code 46-41-210
  • Producer: means the owner of a well or wells capable of producing oil or gas or both. See South Carolina Code 48-43-10
  • Product: means any commodity made from oil or gas, and includes refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubrication oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether herein enumerated or not. See South Carolina Code 48-43-10
  • Program: means the South Carolina Tuition Prepayment Program. See South Carolina Code 59-4-20
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protect Correlative Rights: means that the action or regulation by the department should afford a reasonable opportunity to each person entitled thereto to recover or receive the oil or gas in his tract or tracts or the equivalent thereto, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent. See South Carolina Code 48-43-10
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • public authority: means the Division of Aeronautics of the State Fiscal Accountability Authority, a municipality, a county or other political subdivision of this State, separately or jointly, authorized to acquire land, air rights, safety markers, and lights as provided in Chapter 9, Title 55. See South Carolina Code 55-15-10
  • Public fishing pier: means piers open to the public which charge a fee to fish. See South Carolina Code 50-5-15
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public or private rescue organization: means harborers of unwanted animals of any breed, including crossbreeds, who provide food, shelter, and confinement for a group of dogs, a group of cats, or a combination of dogs and cats. See South Carolina Code 47-3-470
  • Public reprimand: means a publicly available statement of the board that misconduct was committed by a person authorized to practice. See South Carolina Code 40-47-20
  • Public transportation: means every conveyance of human passengers by bus, van, or any other surface vehicle as required for intrastate service which is provided to the general public or selected groups on a regular and continuing basis including charter service. See South Carolina Code 58-25-20
  • Public transportation system: means , without limitation, a combination of real and personal property, structures, improvements, buildings, equipment, plants, rolling stock, vehicle parking, or other facilities and rights-of-way, or any combination, used or useful for the purposes of public transportation. See South Carolina Code 58-25-20
  • Public utility: means public utility as defined in Section 58-5-10, telephone utility as defined in Section 58-9-10, government-owned telecommunications service provider as defined in Section 58-9-2610, radio common carrier as defined in Section 58-11-10, carriers governed in Chapter 13 of Title 58, railroads and railways as defined in Section 58-17-10, motor vehicle carrier as defined in Section 58-23-10, or electrical utility as defined in Section 58-27-10. See South Carolina Code 58-4-5
  • PURPA: means the Public Utility Regulatory Policies Act of 1978, as amended. See South Carolina Code 58-41-10
  • Qualified preservation professionals: means staff with training, experience, and expertise in managing historic properties. See South Carolina Code 60-12-10
  • Quarantine: means confinement of an exposed horse to an area not less than two hundred yards from another unaffected horse, with no horses being admitted or leaving the premises. See South Carolina Code 47-13-1310
  • Quorum: The number of legislators that must be present to do business.
  • Reactivation: means the restoration to active status of an authorization from inactive status. See South Carolina Code 40-47-20
  • Reactor: means a horse that reacts positively to an approved serological test performed by an approved laboratory. See South Carolina Code 47-13-1310
  • Readiness assessment: means assessments used to analyze students' literacy, mathematical, physical, social, and emotional-behavioral competencies in prekindergarten or kindergarten. See South Carolina Code 59-155-120
  • Reading interventions: means individual or group assistance in the classroom and supplemental support based on curricular and instructional decisions made by classroom teachers who have proven effectiveness in teaching reading and an add-on literacy endorsement or reading/literacy coaches who meet the minimum qualifications established in guidelines published by the Department of Education. See South Carolina Code 59-155-120
  • Reading portfolio: means an organized collection of evidence and assessments documenting that the student has demonstrated mastery of the state standards in reading equal to at least a level above the lowest achievement level on the state reading assessment. See South Carolina Code 59-155-120
  • Reading proficiency: means the ability of students to meet state reading standards in kindergarten through grade twelve, demonstrated by readiness, formative, or summative assessments. See South Carolina Code 59-155-120
  • Reading proficiency skills: means the ability to understand how written language works at the word, sentence, paragraph, and text level and mastery of the skills, strategies, and oral and written language needed to comprehend grade-level texts. See South Carolina Code 59-155-120
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Recreational fishermen: means persons taking or attempting to take saltwater fish for recreation only, and not for commercial purposes. See South Carolina Code 50-5-15
  • Recreational vehicle: means a motorhome, travel trailer, fifth-wheel trailer, or folding camping trailer designed to provide temporary living quarters for recreational, camping, or travel use, as defined herein. See South Carolina Code 56-14-10
  • Regional transportation area: means that area pursuant to the groupings of counties as set forth in Article 3 of Chapter 7 of Title 6. See South Carolina Code 58-25-20
  • Registrant: means the person who registers commercial fertilizer under this chapter. See South Carolina Code 46-25-20
  • Registrant: is a terminal facility required to possess a valid registration certificate to operate as a terminal facility. See South Carolina Code 48-43-510
  • Regulatory staff: means the executive director or the executive director and employees of the Office of Regulatory Staff. See South Carolina Code 58-4-5
  • Reinstatement: means an action of the board in a disciplinary matter that authorizes the resumption of practice upon any terms or conditions ordered or agreed to by the board. See South Carolina Code 40-47-20
  • Relinquish: means to permanently cancel or invalidate an authorization instead of disciplinary proceedings or final decision by the board. See South Carolina Code 40-47-20
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Removal: means destruction or breaching of an existing dam or drainage of water impoundment or reservoir. See South Carolina Code 49-11-120
  • Renewable energy contract: means a power purchase agreement between an electrical utility and a renewable energy supplier that commits the parties to participating in an electrical utility's voluntary renewable energy program for the purchase and sale of energy and capacity. See South Carolina Code 58-41-10
  • Renewable energy facility: means a facility that generates electric power by the use of a renewable generation resource that was placed in service for use by or to provide power to an electrical utility after January 1, 2014. See South Carolina Code 58-39-120
  • Renewable energy facility: means a facility for the production of electrical energy that utilizes a renewable generation resource as defined in Section 58-39-120(F), that is placed in service after the effective date of this chapter, and for which costs are not included in an electrical utility's rates. See South Carolina Code 58-41-10
  • Renewable energy supplier: means the owner or operator of a renewable energy facility, including the affiliate of an electrical utility that contracts with a participating customer. See South Carolina Code 58-41-10
  • Renewable generation resource: means solar photovoltaic and solar thermal resources, wind resources, low-impact hydroelectric resources, geothermal resources, tidal and wave energy resources, recycling resources, hydrogen fuel derived from renewable resources, combined heat and power derived from renewable resources, and biomass resources. See South Carolina Code 58-39-120
  • Renovation project: means a building project involving the modification or adaptive reuse of an existing facility. See South Carolina Code 48-52-810
  • Rental agreement: means a written agreement setting forth the terms and conditions governing the use of a private passenger automobile or rental vehicle provided by a rental company. See South Carolina Code 56-31-20
  • Rental company: means a person in the business of providing private passenger automobiles or rental vehicles to the public under the terms of a rental agreement. See South Carolina Code 56-31-20
  • Rental vehicle: means a truck under 26,001 pounds gross vehicle weight and used in the transportation of personal property that is rented without a driver, and is not used by the customer for business purposes, or a trailer with a gross weight of not more than 6,000 pounds. See South Carolina Code 56-31-20
  • Renter: means a person obtaining the use of a private passenger automobile or rental vehicle from a rental company under the terms of a rental agreement. See South Carolina Code 56-31-20
  • 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).
  • Reproductive health education: means instruction in human physiology, conception, prenatal care and development, childbirth, and postnatal care, but does not include instruction concerning sexual practices outside marriage or practices unrelated to reproduction except within the context of the risk of disease. See South Carolina Code 59-32-10
  • Reservoir: means a reservoir which contains the impoundment of water by a dam or reservoir. See South Carolina Code 49-11-120
  • Resident public school: means the school, other than a charter school, within whose attendance boundaries the charter school student's custodial parent or legal guardian resides. See South Carolina Code 59-40-40
  • Respiratory care or respiratory therapy: means the allied health profession or specialty which provides educational, therapeutic, or diagnostic procedures utilized in the prevention, detection, and management of deficiencies or abnormalities, or both, of the cardiopulmonary systems. See South Carolina Code 40-47-510
  • Respiratory care practitioner: means a respiratory therapist or a respiratory therapy technician licensed to practice respiratory therapy who is a graduate of a school for respiratory therapy approved by the American Medical Association or a successor accrediting authority recognized as such by the board. See South Carolina Code 40-47-510
  • Respondent: means a person charged with responding in a disciplinary or other administrative action. See South Carolina Code 40-47-20
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • Review committee: means the State Regulation of Public Utilities Review Committee. See South Carolina Code 58-4-5
  • Revocation: means the permanent cancellation or withdrawal of an authorization issued by the board. See South Carolina Code 40-47-20
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Royalty owner: means the person who pursuant to a lease arrangement with another has the right to receive, free of costs, an allocation of production or payments based upon the value of production. See South Carolina Code 48-43-10
  • Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motorcycle or interest therein or of any franchise related thereto and any option, subscription, or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether spoken or written. See South Carolina Code 56-16-10
  • Saltwater gamefish: means a species of saltwater fish designated as a saltwater gamefish in this title. See South Carolina Code 50-5-15
  • Sanitary landfill: means a solid waste disposal facility regulated by the Department of Health and Environmental Control. See South Carolina Code 48-43-10
  • School child: shall mean any person between the ages of six and twenty whose domicile is with his or her parent within the State and who is otherwise qualified to attend the public schools of any school district in which he or she resides. See South Carolina Code 59-41-10
  • School district: means a public body corporate and politic operating as a school district under the provisions of Chapter 17, Title 59. See South Carolina Code 59-146-30
  • School facilities: means only those facilities defined as 'school facilities' in Section 59-144-30. See South Carolina Code 59-146-30
  • 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 fork: means a fork manufactured having seven or more straight or slightly curved tines or having a tine greater than eight inches in length. See South Carolina Code 50-5-15
  • Serial number: means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. See South Carolina Code 50-21-10
  • Service area: means the area served by the regional transportation authority and may be all or part of the area of jurisdiction of an authority and in no event shall the service area contain less than fifty thousand population. See South Carolina Code 58-25-20
  • 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.
  • Sexually mature animal: means a dog or cat that has reached the age of one hundred eighty days or six months or more. See South Carolina Code 47-3-470
  • Shad: means American or white shad (Alosa sapidissima) and hickory or skip-jack shad (Alosa mediocris). See South Carolina Code 50-5-15
  • Share: means an intangible interest in a lottery ticket, by way of assignment, contractual participation, or other claim or right. See South Carolina Code 59-150-20
  • Shellfish: means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells. See South Carolina Code 50-5-15
  • Shellfish mariculture: means the controlled cultivation of shellfish in confinement from seed size until harvest. See South Carolina Code 50-5-15
  • Shellfish seed: means any shellfish that does not exceed one inch in height or maximum dimension. See South Carolina Code 50-5-15
  • Shoreline: means the line of mean high water along that portion of a land mass which is in direct contact with the waters of the Atlantic Ocean. See South Carolina Code 50-5-15
  • Shrimp trawl: means a trawl with netting having a stretch mesh size of less than two and one-half inches. See South Carolina Code 50-5-15
  • Significant disciplinary action: means a public decision in a disciplinary matter that involves substantial issues of professional or ethical competence or qualification to practice. See South Carolina Code 40-47-20
  • Site: means a location of a significant event or a prehistoric or historic occupation or activity, including cemeteries, prehistoric village sites, and battlefields. See South Carolina Code 60-12-10
  • Skater: means a person wearing ice skates while in an ice skating rink or roller skates in a roller skating rink for the purpose of recreational or competitive skating without regard to whether the person paid consideration. See South Carolina Code 52-21-10
  • Skating rink: means a building, facility, or premises which provides an area specifically designed to be used by the public for recreational or competitive ice or roller skating. See South Carolina Code 52-21-10
  • Small power producer: means a person or corporation owning or operating a "qualifying small power production facility" as defined in 16 U. See South Carolina Code 58-41-10
  • Southern Cobia Management Zone: means all waters of this State south of 032? 31. See South Carolina Code 50-5-15
  • 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
  • Spectator: means an invitee who is present in a skating rink but is not wearing ice or roller skates. See South Carolina Code 52-21-10
  • Sponge crab: means a female blue crab bearing visible eggs. See South Carolina Code 50-5-15
  • Sponsor: means the South Carolina Public Charter School District Board of Trustees, the local school board of trustees in which the charter school is to be located, as provided by law, a public institution of higher learning as defined in Section 59-103-5, or an independent institution of higher learning as defined in Section 59-113-50, from which the charter school applicant requested its charter and which granted approval for the charter school's existence. See South Carolina Code 59-40-40
  • Sponsoring anesthesiologist: means the physician specialist in anesthesiology who signs the anesthesiologist's assistant's application for licensure. See South Carolina Code 40-47-1210
  • Standard offer: means the avoided cost rates, power purchase agreement, and terms and conditions approved by the commission and applicable to purchases of energy and capacity by electrical utilities as provided in this chapter from small power producers up to two megawatts AC in size. See South Carolina Code 58-41-10
  • State advisory council: means the state advisory council on the Education of Children with Disabilities established in compliance with Public Law 94-142, as amended. See South Carolina Code 59-36-10
  • State board: means the State Board of Education. See South Carolina Code 59-146-30
  • State Board of Review: means the existing advisory group that reviews nominations to the National Register of Historic Places and which includes professionals representing the fields of archaeology, architecture, architectural history, and history. See South Carolina Code 60-12-10
  • State identification bureau: means an authorized governmental agency responsible for receiving and screening the results of criminal history records checks in this State or another state. See South Carolina Code 40-47-20
  • State Properties Committee: means a committee of the State Board of Review, which will include at least three members with at least one member representing the fields of architecture, architectural history, archaeology, or related fields as appropriate. See South Carolina Code 60-12-10
  • State school facilities bonds: means general obligation bonds of the State of South Carolina issued under the authority of this chapter. See South Carolina Code 59-146-30
  • State veterinarian: means the state veterinarian as defined by Section 47-13-20. See South Carolina Code 47-13-1310
  • Statute: A law passed by a legislature.
  • Sterilization: means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. See South Carolina Code 47-3-470
  • Striker: means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman, but does not use separate commercial equipment on a vessel which is engaged in commercial fishing. See South Carolina Code 50-5-15
  • Structure: means those functional constructions made usually for purposes other than creating shelter, including firetowers, canals, bridges, palisade fortifications, and prehistoric mounds. See South Carolina Code 60-12-10
  • Subpoena: A command to a witness to appear and give testimony.
  • Summer reading camp: means an educational program offered in the summer by each local school district or consortia of school districts for students who are unable to comprehend grade-level texts and who qualify for mandatory retention. See South Carolina Code 59-155-120
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervising: means overseeing the activities of, and accepting responsibility for, the medical services rendered by a PA as part of a physician-led team in a manner approved by the board. See South Carolina Code 40-47-910
  • Supervising anesthesiologist: means a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in South Carolina who practices in the medical specialty of anesthesiology and has successfully completed a residency in anesthesiology, approved by the Accreditation Committee on Graduate Medical Education, American Osteopathic Association, or its equivalent or successor. See South Carolina Code 40-47-1210
  • Supervising cardiologist: means a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in South Carolina who practices in the medical specialty of cardiology and has successfully completed a residency in cardiology, approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor. See South Carolina Code 40-47-1520
  • supervising physician: means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who is approved to serve as a supervising physician. See South Carolina Code 40-47-910
  • Supervision: means medically directing and accepting responsibility for the anesthesia services rendered by an anesthesiologist's assistant in a manner approved by the board. See South Carolina Code 40-47-1210
  • Supervision: means medically directing and accepting responsibility for the cardiac services rendered by a registered cardiovascular invasive specialist in a manner provided for in law and the adopted protocol of the licensed facility. See South Carolina Code 40-47-1520
  • Supervision: means the process of critically observing, directing, and evaluating another person's performance, unless otherwise provided by law. See South Carolina Code 40-47-20
  • Supplier: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components. See South Carolina Code 56-14-10
  • Suspension: means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. See South Carolina Code 40-47-20
  • Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
  • Take: means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife. See South Carolina Code 50-15-10
  • Telemedicine: means the practice of medicine using electronic communications, information technology, or other means between a licensee in one location and a patient in another location with or without an intervening practitioner. See South Carolina Code 40-47-20
  • Temporary license: means a current, time-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
  • 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.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Terminal facility: means any waterfront or offshore facility of any kind, other than vessels not owned or operated by such facility, and directly associated waterfront or offshore appurtenances including pipelines located on land, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or capable of being used for the purpose of drilling for, pumping, storing, handling, transferring, processing, or refining pollutants, including, but not limited to, any such facility and related appurtenances owned or operated by a public utility or a governmental or quasi-governmental body. See South Carolina Code 48-43-510
  • Territorial sea: means that portion of the Atlantic Ocean under the jurisdiction of the State of South Carolina. See South Carolina Code 50-5-15
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third-grade reading proficiency: means the ability to read grade-level texts by the end of a student's third grade year as demonstrated by the results of state-approved assessments administered to third grade students, or through other assessments as noted in this chapter and adopted by the board. See South Carolina Code 59-155-120
  • Third-party commissioning agent: means a person accredited by the USGBC or GBI, with expertise in building system performance, who will analyze, evaluate, and confirm the proper function and performance of a high performance building, its systems, equipment, and indoor air quality, and who did not participate in the original certification of the major facility project or renovation project. See South Carolina Code 48-52-810
  • Ticket: means tangible evidence issued by the South Carolina Lottery Commission to provide participation in a lottery game. See South Carolina Code 59-150-20
  • to land: means to take and retain possession while afloat or to take and bring ashore. See South Carolina Code 50-5-15
  • Tobacco grower: means an individual or entity who, during a base period established by the board, was one or more of the following:

    (a) the principal producer of tobacco for use in cigarettes on a farm where tobacco was produced pursuant to a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U. See South Carolina Code 46-30-210
  • 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.
  • Total length: means the length of a fish laid flat and measured from the closed mouth (snout) to the tip of the tail fin when pinched together. See South Carolina Code 50-5-15
  • 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.
  • transferred: includes onloading or offloading between terminal facility and vessel, vessel and vessel, or terminal facility and terminal facility. See South Carolina Code 48-43-510
  • Transient customer: means a customer who is temporarily traveling through a dealer's area of sales responsibility. See South Carolina Code 56-14-10
  • Trap: is a n enclosed device used for taking fish, constructed to facilitate entry but prohibit or restrict exit of fish and is also called "pot". See South Carolina Code 50-5-15
  • Travel trailer: means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use that complies with all applicable federal vehicle regulations and is of such size and weight as to not require a special highway movement permit when towed by a motorized vehicle. See South Carolina Code 56-14-10
  • Trawl: means a net, other than a haul seine, towed behind a boat. See South Carolina Code 50-5-15
  • Trawler: means a vessel rigged for towing a trawl. See South Carolina Code 50-5-15
  • Trawling: means fishing with a trawl or having part of a trawl door in the water. See South Carolina Code 50-5-15
  • Treasurer: means the South Carolina State Treasurer. See South Carolina Code 59-4-20
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trotline: means a single line or wire having numerous hooks or baits and is also called long line. See South Carolina Code 50-5-15
  • Trust: means the National Tobacco Grower Settlement Trust. See South Carolina Code 46-30-210
  • 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.
  • Unidentifiable: means that the uniqueness of a motor vehicle or motor vehicle part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques, or by expert employees of not-for-profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques. See South Carolina Code 56-29-20
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unprofessional conduct: means acts or behavior that fail to meet the minimally acceptable standard expected of similarly situated professionals including, but not limited to, conduct that may be harmful to the health, safety, and welfare of the public, conduct that may reflect negatively on one's fitness to practice, or conduct that may violate any provision of the code of ethics adopted by the board or a specialty. See South Carolina Code 40-47-20
  • Unsafe: means the condition of the dam is such that repairs or alterations are necessary to reduce the risk of dam failure. See South Carolina Code 49-11-120
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Urbanized area: means an area so designated by the most recent United States Census of Population. See South Carolina Code 58-25-20
  • Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
  • USGBC: means the United States Green Building Council. See South Carolina Code 48-52-810
  • 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.
  • Vehicle: includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled or which may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway including, but not limited to, farm machinery and construction equipment. See South Carolina Code 56-29-20
  • vehicle: means a private passenger motor vehicle including passenger vans and minivans that are intended primarily for the transport of persons. See South Carolina Code 56-31-20
  • Vehicle: means a commercial diesel vehicle. See South Carolina Code 56-35-10
  • Vehicle identification number: means a number, a letter, a character, a datum, a derivative, or a combination thereof, used by the manufacturer or the Department of Motor Vehicles for the purpose of uniquely identifying a motor vehicle or motor vehicle part. See South Carolina Code 56-29-20
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10
  • Vessel: includes every description of watercraft or other contrivance used, or capable of being used, as a means of transportation on water, whether self-propelled or otherwise, and includes barges and tugs. See South Carolina Code 48-43-510
  • Voluntary renewable energy program: means a tariff filed with the commission by an electrical utility that enables a participating commercial or industrial customer to receive and pay for electric service, that reflects the program cost, and that includes the environmental attributes specified in the participating customer agreement and renewable energy contract, including a generation credit for such renewable energy, from the electrical utility pursuant to the terms of the tariff. See South Carolina Code 58-41-10
  • Voluntary surrender: means forgoing the authorization to practice by the subject of an initial or formal complaint pending further order of the board. See South Carolina Code 40-47-20
  • Volunteer license: means authorization of a retired practitioner to provide medical services to others through an identified charitable organization without remuneration. See South Carolina Code 40-47-20
  • Warrantor: means any person, firm, corporation, or business entity, including any manufacturer or supplier that provides a written warranty to the consumer in connection with a new recreational vehicle or a part, accessory, or component. See South Carolina Code 56-14-10
  • warranty: means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty. See South Carolina Code 56-28-10
  • Waste: means and includes:

    (1) physical waste, as that term is generally understood in the oil and gas industry;

    (2) the inefficient, excessive, or improper use, or the unnecessary dissipation of, reservoir energy;

    (3) the inefficient storing of oil and gas;

    (4) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes, or tends to cause, reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause unnecessary or excessive surface loss or destruction or oil or gas;

    (5) the production of oil or gas in excess of

    (a) transportation or marketing facilities;

    (b) the amount reasonably required to be produced in the proper drilling, completing or testing of the well from which it is produced; or

    (c) oil or gas otherwise usefully utilized but gas produced from an oil well or condensate well pending the time when, with reasonable diligence, the gas can be sold or otherwise usefully utilized on terms and conditions that are just and reasonable shall not be considered waste if the production of such gas has been approved by order of the department;

    (6) underground or above ground waste in the production or storage of oil, gas, or condensate, however caused, and whether or not defined in other subdivisions hereof. See South Carolina Code 48-43-10
  • Watercraft: means any thing used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or any thing that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10
  • Weightings: means those cost figures assigned to student classifications in Section 59-20-40(1)(c) which are based on different relative cost of their educational programs in relation to that of the base student which is given the weighting of 1. See South Carolina Code 59-20-20
  • Wildlife: means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or any part, product, egg or offspring, or the dead body or parts thereof. See South Carolina Code 50-15-10
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing proficiency skills: means the ability to communicate information, analysis, and persuasive points of view effectively in writing. See South Carolina Code 59-155-120