Terms Used In Tennessee Code > Title 30 > Chapter 1 > Part 1 - General Provisions

• Account owner: means an individual, association, corporation, trust, charitable organization, or other such entity that establishes an educational investment trust account pursuant to this part or that is otherwise listed as the owner of an education investment trust account. See Tennessee Code 49-7-802
• 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.
• Agriculture: means :
  1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  2. Allegation: something that someone says happened.
  3. 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.
  4. 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.
  5. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  6. 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
  7. Arrest: Taking physical custody of a person by lawful authority.
  8. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  9. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  10. 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.
  11. 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}
  12. beneficiary: means an individual designated under a tuition contract as the individual entitled to apply tuition units purchased under the contract to the payment of that individual's undergraduate, graduate and professional tuition, and other educational costs. See Tennessee Code 49-7-802
  13. Bequeath: To gift property by will.
  14. Board: means the board of trustees of the college savings trust fund program described in this part. See Tennessee Code 49-7-802
  15. Board: means the trustees of the University of Tennessee or a state university board, as applicable. See Tennessee Code 49-7-1602
  16. Chambers: A judge's office.
  17. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  18. Code: means §. See Tennessee Code 49-7-802
  19. Commission: means the Tennessee higher education commission. See Tennessee Code 49-7-1503
  20. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  21. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  22. Complaint: means a complaint or grievance against a Tennessee SARA institution filed by a non-Tennessee student residing in a member state other than Tennessee and whose complaint is relative to a distance education course or program offered by a Tennessee SARA institution. See Tennessee Code 49-7-1503
  23. Conditional entry: means a student has met the requirements of §. See Tennessee Code 49-6-8102
  24. Continuance: Putting off of a hearing ot trial until a later time.
  25. Contract: A legal written agreement that becomes binding when signed.
  26. Contributor: means one (1) or more individuals, associations, corporations, trusts, charitable organizations, or other such entities that contributes money or makes a payment to an educational investment trust account established pursuant to this part. See Tennessee Code 49-7-802
  27. 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.
  28. Cost of attendance: means the combined cost of tuition, mandatory fees, room and board, books, and other educational expenses as determined by the financial aid office of the postsecondary institution. See Tennessee Code 49-7-1602
  29. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  30. Decedent: A deceased person.
  31. Dependent: A person dependent for support upon another.
  32. Donor: The person who makes a gift.
  33. Educational investment plan: means a plan that permits an account owner to establish an educational investment trust account and one (1) or more contributors to make contributions to an educational investment trust account that is intended to be applied to an account beneficiary's qualified higher education expenses. See Tennessee Code 49-7-802
  34. Educational investment trust account: means an account that is established by an account owner intended to be applied to an account beneficiary's qualified higher education expenses. See Tennessee Code 49-7-802
  35. Educational services plan: means a plan that permits individuals, associations, corporations, trusts or other organized entities to purchase a tuition unit or units under a tuition contract entered into between a purchaser and the board on behalf of a designated beneficiary that entitles the beneficiary to apply such units to the payment of that beneficiary's undergraduate, graduate and professional tuition, and other educational costs. See Tennessee Code 49-7-802
  36. 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.
  37. 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}
  38. 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.
  39. Ex officio: Literally, by virtue of one's office.
  40. Executor: A male person named in a will to carry out the decedent
  41. Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
  42. 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.
  43. Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
  44. Fiduciary: A trustee, executor, or administrator.
  45. 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.
  46. 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
  47. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  48. 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.
  49. 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
  50. Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  51. Institution: means an accredited postsecondary degree-granting school, college, university, or other organization. See Tennessee Code 49-7-1503
  52. Institution: means any public institution of higher education located within this state. See Tennessee Code 49-7-1702
  53. Institution of higher education: means any four-year college or university, whether public or private, located in this state. See Tennessee Code 49-7-1102
  54. Intestate: Dying without leaving a will.
  55. Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  56. 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.
  57. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  58. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  59. local board of education: means the board of education that manages and controls the respective local public school system. See Tennessee Code 49-1-103
  60. Member state: means a United States state, territory, or district currently approved to participate in the state authorization reciprocity agreement. See Tennessee Code 49-7-1503
  61. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  62. Month: means a calendar month. See Tennessee Code 1-3-105
  63. NC-SARA: means the National Council for State Authorization Reciprocity Agreements. See Tennessee Code 49-7-1503
  64. Notice: means written information sent to a student by the institution transmitted by:
      
      
      1. United States mail, courier service, or hand delivery to the permanent or local address the institution has on file for the student. See Tennessee Code 49-7-1702
      2. Oath: includes affirmation. See Tennessee Code 1-3-105
      3. Oath: A promise to tell the truth.
      4. 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.
      5. Oversight: Committee review of the activities of a Federal agency or program.
      6. Parent: means a parent of a student, and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian, who is paying or has paid any part of the tuition and fees of a student for the current academic year, as defined by the institution of higher education. See Tennessee Code 49-7-1102
      7. 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.
      8. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
      9. Personal 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
      10. Portal agency: means the single agency designated by Tennessee to serve as the interstate point of contact for SARA questions, complaints, and other communications. See Tennessee Code 49-7-1503
      11. Predictive cost estimate: means a non-binding estimated cost of attending an undergraduate program at the postsecondary institution based on a student's chosen field of study over a four-year period. See Tennessee Code 49-7-1602
      12. Probate: Proving a will
      13. Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
      14. Program: means the college savings trust fund program created in this part. See Tennessee Code 49-7-802
      15. Property: includes both personal and real property. See Tennessee Code 1-3-105
      16. Purchaser: means an individual, association, corporation, trust, charitable organization or other such entity that enters into a tuition contract under this part for the purchase of a tuition unit or units on behalf of a beneficiary relative to the educational services plan. See Tennessee Code 49-7-802
      17. Quorum: The number of legislators that must be present to do business.
      18. 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
      19. Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
      20. Redemption value: means the cash value of the educational investment trust account attributable to the sum of the principal invested, the interest earned or losses incurred in the principal, less any fees imposed by rule of the board. See Tennessee Code 49-7-802
      21. Refund recipient: means the person designated in a tuition contract by the purchaser as the person entitled to terminate the tuition contract and to receive refunds arising out of the contract pursuant to §. See Tennessee Code 49-7-802
      22. 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.
      23. 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).
      24. 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
      25. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
      26. SARA: means the agreement overseen by the National Council for SARA and administered by the Southern Regional Education Board. See Tennessee Code 49-7-1503
      27. 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.
      28. Sexual misconduct: means a violation of an institution's disciplinary policies concerning sexual assault, dating violence, domestic violence, or stalking. See Tennessee Code 49-7-1702
      29. 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
      30. SREB: means the Southern Regional Education Board. See Tennessee Code 49-7-1503
      31. 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
      32. Statute: A law passed by a legislature.
      33. Student: means any full-time or part-time student, twenty (20) years of age or younger, enrolled in courses at an institution of higher education, who physically attends class on the property of the institution and whose tuition and fees are being paid, even if only in part, by the student's parent. See Tennessee Code 49-7-1102
      34. Student disciplinary proceeding: means a hearing, proceeding, or any other non-law enforcement process other than an investigation that is used by an institution to determine whether sexual misconduct occurred or impose a sanction with respect to sexual misconduct, including a contested case hearing conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. See Tennessee Code 49-7-1702
      35. Subpoena: A command to a witness to appear and give testimony.
      36. Tennessee SARA institution: means an institution approved by the commission for participation in SARA. See Tennessee Code 49-7-1503
      37. Testator: A male person who leaves a will at death.
      38. THEC: means the Tennessee higher education commission. See Tennessee Code 49-7-1303
      39. 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.
      40. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
      41. Trust fund: means the educational investment trust fund or the educational services trust fund established pursuant to §. See Tennessee Code 49-7-802
      42. Trustee: A person or institution holding and administering property in trust.
      43. Tuition: means the charges imposed to attend an institution of higher education as an undergraduate, graduate or professional student and all fees required as a condition of enrollment as determined by the board. See Tennessee Code 49-7-802
      44. Tuition and mandatory fees: means the charges imposed to attend the relevant institution of higher education as an in-state undergraduate student and all fees required as a condition of enrollment as determined by the board. See Tennessee Code 49-7-1602
      45. Tuition contract: means a contract entered into under this part by the board and a purchaser to provide for the payment of tuition and other educational costs, through either the educational savings plan or the educational services plan. See Tennessee Code 49-7-802
      46. Tuition unit: means a unit of the educational services plan purchased under §. See Tennessee Code 49-7-802
      47. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      48. Veteran: means a former member of the armed forces of the United States, or a former or current member of a reserve or Tennessee national guard unit who was called into active military service of the United States, as defined in §. See Tennessee Code 49-7-1303
      49. VETS campus: means a campus of a public or private nonprofit institution of higher education that has demonstrated educational support for veterans and has been designated by THEC under this part as a campus supportive of veterans. See Tennessee Code 49-7-1303
      50. Weighted average tuition: means the tuition cost resulting from the following calculation:
          
          
          1. Add the products of the annual undergraduate tuition at each Tennessee four-year public university multiplied by that institution's total number of undergraduate full-time equivalent students. See Tennessee Code 49-7-802
          2. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
          3. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105