Terms Used In Tennessee Code > Title 12 > Chapter 4 > Part 4 - Prevailing Wage Act for State Highway Construction Projects

• 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.
• Agricultural industry representative: means any person:
  (A) Engaged in a business that provides a service to, or good for, farmers engaged in production agriculture. See Tennessee Code 43-14-202
• Agricultural liming materials: means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity, and including, but not limited to, limestone, burnt lime, hydrated lime, marl, industrial by-products, calcitic limestone, dolomatic limestone, and ground shells. See Tennessee Code 43-11-402
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• AOAC: means the Association of Official Analytical Chemists. See Tennessee Code 43-11-402
• Bequest: Property gifted by will.
• Brand: means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale. See Tennessee Code 43-11-402
• Bulk: means material or product in nonpackaged form. See Tennessee Code 43-11-402
• Calcium carbonate equivalent: means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate. See Tennessee Code 43-11-402
• Commission: means the Tennessee soil and water conservation commission created by §. See Tennessee Code 43-14-202
• Commission: means the Tennessee equine health advisory commission, created by §. See Tennessee Code 43-13-102
• Commission: means the prevailing wage commission. See Tennessee Code 12-4-402
• Commissioner: means the commissioner of agriculture or the commissioner's duly authorized representatives. See Tennessee Code 43-11-402
• Commissioner: means the commissioner of agriculture. See Tennessee Code 43-14-202
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of agriculture. See Tennessee Code 43-13-102
• Devise: To gift property by will.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• farm products: means forage and sod crops. See Tennessee Code 1-3-105
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Highway contractor: means any contractor, subcontractor, person, firm, or corporation engaged in a state construction project for the purpose of building, rebuilding, locating, relocating, or repairing any public highway. See Tennessee Code 12-4-402
• 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.
• Label: means any written or printed matter on or attached to the package or on the delivery ticket that accompanies bulk shipments. See Tennessee Code 43-11-402
• Land occupier: means any person, other than the owner, who is in possession of any lands lying within a district, whether as lessee, renter, tenant, or otherwise. See Tennessee Code 43-14-202
• Landowner: means any person who holds legal or equitable title to any lands lying within a district. See Tennessee Code 43-14-202
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
• Manufacturer: means any person in the business of making, shaping, or packaging an agricultural liming material into a form that will remain virtually unaltered until it reaches the hands of the final consumer. See Tennessee Code 43-11-402
• Neglect of duty: means a public official's failure to perform a duty of office. See Tennessee Code 43-14-202
• Nominating petition: means a petition filed under §. See Tennessee Code 43-14-202
• 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.
• percentage: means percent or percentage as measured by weight. See Tennessee Code 43-11-402
• Person: means an individual, partnership, association, firm or corporation. See Tennessee Code 43-11-402
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Petition: means a petition filed under §. See Tennessee Code 43-14-202
• Prevailing wage: means the rate of pay as determined according to this part. See Tennessee Code 12-4-402
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Public highway: means any street, road, highway, expressway, bridge, or viaduct, including an adjacent right-of-way, that is constructed or maintained by the state, or any municipality or political subdivision of the state, and that is funded in whole or in part with federal or state highway funds. See Tennessee Code 12-4-402
• Quorum: The number of legislators that must be present to do business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• 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.
• 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).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• soil and water conservation district: means a subdivision of this state and a public body corporate and politic, organized under this part, for the purpose, with the powers, and subject to the restrictions set forth in this part. See Tennessee Code 43-14-202
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• State highway construction project: means any construction project for the purpose of building, rebuilding, locating, relocating, or repairing any public highway. See Tennessee Code 12-4-402
• Supervisor: means a member of the governing body of a district, elected or appointed pursuant to this part. See Tennessee Code 43-14-202
• Tennessee association of conservation districts: means the nonprofit organization consisting of the ninety-five (95) soil and water conservation districts in this state, with the mission of assisting the districts with the conservation of soil, water, and other natural resources through education, leadership, and advocacy. See Tennessee Code 43-14-202
• Training and experience: means knowledge of existing conservation practices and programs, first-hand experience with installation of conservation practices, or education and training or experience in soil science, natural resources, environmental science, or a related field. See Tennessee Code 43-14-202
• United States: means the government of the United States, the natural resources conservation service of the United States department of agriculture, and any other agency or instrumentality thereof. See Tennessee Code 43-14-202
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Weight: means the weight of undried material as offered for sale. See Tennessee Code 43-11-402
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105