Terms Used In South Carolina Code > Title 49 > Chapter 19 - Drainage Districts Under 1920 Act

• 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
• 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
• 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.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• 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.
• 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 § 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
• 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.
• Board: means the State Board of Medical Examiners for South Carolina. See South Carolina Code 40-47-20
• 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
• 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.
• 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.
• 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
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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 Department of Transportation. See South Carolina Code 57-27-20
• Dependent: A person dependent for support upon another.
• Disciplinary action: means a final decision and sanction imposed at the conclusion of a disciplinary proceeding. See South Carolina Code 40-47-20
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• 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
• 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}
• 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.
• 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
• 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.
• 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).
• 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}
• 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.
• 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
• 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
• 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
• 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.
• 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.
• 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
• 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}
• 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.
• 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}
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means any incorporated city or town within the regional transportation area. See South Carolina Code 58-25-20
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• 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
• 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
• 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
• Person: means a natural person, male or female. See South Carolina Code 40-47-20
• 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
• 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.
• 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.
• 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 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 § 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
• 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.
• 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 § 58-5-10, telephone utility as defined in § 58-9-10, government-owned telecommunications service provider as defined in § 58-9-2610, radio common carrier as defined in § 58-11-10, carriers governed in Chapter 13 of Title 58, railroads and railways as defined in § 58-17-10, motor vehicle carrier as defined in § 58-23-10, or electrical utility as defined in § 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
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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
• 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
• 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 § 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
• 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
• 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
• 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
• 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
• 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 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• 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
• 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
• 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
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• 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
• Urbanized area: means an area so designated by the most recent United States Census of Population. See South Carolina Code 58-25-20
• Vehicle: means a commercial diesel vehicle. See South Carolina Code 56-35-10
• Venue: The geographical location in which a case is tried.
• 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
• 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