Part 1 General Provisions 36-5-101 – 36-5-122
Part 4 Expedited Process for Support 36-5-401 – 36-5-406
Part 5 Assignment of Income for Support 36-5-501 – 36-5-503
Part 7 Enforcement Through License Denial and Revocation 36-5-701 – 36-5-714
Part 8 Child Support Enforcement Powers of Department 36-5-801 – 36-5-816
Part 9 Overdue Support 36-5-901 – 36-5-912
Part 10 Appeals 36-5-1001 – 36-5-1006
Part 11 Employment Records 36-5-1101 – 36-5-1108
Part 12 Assistance by Other States 36-5-1201
Part 13 Social Security Number Records 36-5-1301 – 36-5-1302
Part 20 Uniform Interstate Family Support Act-Short Title 36-5-2001
Part 21 Uniform Interstate Family Support Act – General Provisions 36-5-2101 – 36-5-2104
Part 22 Uniform Interstate Family Support Act – Jurisdiction 36-5-2201 – 36-5-2211
Part 23 Uniform Interstate Family Support Act – Civil Provisions of General Application 36-5-2301 – 36-5-2319
Part 24 Uniform Interstate Family Support Act – Establishment of Support Order or Determination of Parentage 36-5-2401 – 36-5-2402
Part 25 Uniform Interstate Family Support Act – Enforcement of Order of Another State Without Registration 36-5-2501 – 36-5-2507
Part 26 Uniform Interstate Family Support Act – Registration, Enforcement, and Modification of Support Order 36-5-2601 – 36-5-2616
Part 27 Uniform Interstate Family Support Act – Determination of Parentage 36-5-2701 – 36-5-2713
Part 28 Uniform Interstate Family Support Act – Interstate Rendition 36-5-2801 – 36-5-2802
Part 29 Uniform Interstate Family Support Act – Miscellaneous Provisions 36-5-2901 – 36-5-2903
Part 30 Intercounty Enforcement and Modification 36-5-3001 – 36-5-3009
Part 31 Enforcement Without Transfer of Jurisdiction 36-5-3101 – 36-5-3111

Terms Used In Tennessee Code > Title 36 > Chapter 5 - Alimony and Child Support

  • Active and in good standing as reflected in the records of the secretary of state: means a corporation, limited liability company, or partnership that is in existence, registered or authorized to transact business in this state as reflected in the records of the secretary of state. See Tennessee Code 61-3-101
  • Activities under service agreements: means day-to-day cooperation and activities based upon interlocal service or operational agreements or contracts between or among governmental entities. See Tennessee Code 58-8-102
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
  • 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
  • Aid: means the same as assistance, except that aid is provided in an occurrence during any period of time when a state of emergency has not been declared. See Tennessee Code 58-8-102
  • Allegation: something that someone says happened.
  • Alluvial valley floors: means the unconsolidated stream laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas that are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation, and windblown deposits. See Tennessee Code 59-8-102
  • 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.
  • 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 a person applying for a permit. See Tennessee Code 59-8-102
  • 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
  • Approximate original contour: means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining, and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. See Tennessee Code 59-8-102
  • Area affected: means the area of land from which overburden is to be or has been removed and upon which a spoil bank is to be or has been deposited. See Tennessee Code 59-8-202
  • Arrears: means any child support or spousal support associated with a child support order owed under a court or administrative order that is delinquent pursuant to §. See Tennessee Code 36-5-701
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of conversion: means articles under §. See Tennessee Code 61-3-1101
  • Articles of merger: means articles under §. See Tennessee Code 61-3-1101
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance: means the provision of personnel, equipment, facilities, services, supplies, and other resources to assist in firefighting, law enforcement, the provision of public works services, the provision of emergency medical care, the provision of civil defense services, or any other emergency assistance one governmental entity is able to provide to another in response to a request for assistance in a municipal, county, state, or federal state of emergency. See Tennessee Code 58-8-102
  • Association: means any corporation organized under this chapter. See Tennessee Code 59-13-103
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attest: means providing the following services:
    (A) Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS). See Tennessee Code 62-1-103
  • Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means the Tennessee local development authority, a public agency and instrumentality of the state, created by this chapter, or if such authority shall be abolished, the board, body, commission or agency succeeding to the principal functions thereof or to which the powers and duties granted or imposed upon the authority shall be given by law. See Tennessee Code 4-31-102
  • Average daily balance: means the sum of the average daily demand deposits, the average daily time deposits, and the average daily savings deposits of public depositors held during the calendar month immediately preceding the current month. See Tennessee Code 9-4-502
  • Average monthly balance: means the average monthly balance of public deposits held by the depository during any twelve (12) calendar months. See Tennessee Code 9-4-502
  • 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.
  • Bench: means the ledge, shelf or terrace formed in the contour method of surface mining. See Tennessee Code 59-8-202
  • 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
  • Bequest: Property gifted by will.
  • Board: means the Tennessee board of water quality, oil and gas created by §. See Tennessee Code 60-1-101
  • Board: means the state board of accountancy established under §. See Tennessee Code 62-1-103
  • Board: means the board of certification created in §. See Tennessee Code 68-221-903
  • Board: means the Tennessee board of water quality, oil, and gas, established by §. See Tennessee Code 59-8-202
  • Board: means the Tennessee board of water quality, oil and gas. See Tennessee Code 60-1-503
  • Board: means the collateral pool board created pursuant to §. See Tennessee Code 9-4-502
  • Bonds: means bonds or interim certificates issued pending preparation or delivery of definitive bonds of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
  • Business: means every trade, occupation, and profession and any other activity, including the holding or ownership of property, entered into for profit. See Tennessee Code 61-1-101
  • Certificate: means a certificate as certified public accountant issued under §. See Tennessee Code 62-1-103
  • Certificate: means a certificate of competency issued by the commissioner stating that the operator has met the requirements for the specified operator classification of the certification program. See Tennessee Code 68-221-903
  • Certificate of limited partnership: means the certificate referred to in §. See Tennessee Code 61-2-101
  • Child: means a person entitled to support from such person's parents by virtue of such person's minority or who is entitled to support as provided in §. See Tennessee Code 36-5-401
  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Tennessee Code 36-5-2101
  • Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Tennessee Code 36-5-2101
  • Clerk: means the clerk of the transferor or transferee court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court. See Tennessee Code 36-5-3002
  • Clerk: means the clerk of the original or registering court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court. See Tennessee Code 36-5-3102
  • 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.
  • Client: means a person or entity that agrees to receive any professional service from a licensee. See Tennessee Code 62-1-103
  • Coal: means coal and all of its derivatives. See Tennessee Code 59-13-103
  • 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
  • Collateral pool: means an arrangement whereby the repayment of public deposits deposited with any qualified public depository is secured through the sum total of eligible collateral pledged by all qualified public depositories, and contingent liability agreements as provided by the collateral pool board. See Tennessee Code 9-4-502
  • Commissioner: means the commissioner of human services. See Tennessee Code 36-5-701
  • Commissioner: means the commissioner of revenue, or the commissioner's authorized delegate. See Tennessee Code 60-3-102
  • Commissioner: means the commissioner of human services or the commissioner's duly authorized representative. See Tennessee Code 36-5-1101
  • Commissioner: means the commissioner of environment and conservation or the commissioner's duly authorized representative. See Tennessee Code 68-221-903
  • Commissioner: means the commissioner of environment and conservation or the commissioner's designee. See Tennessee Code 59-8-102
  • Commissioner: means the commissioner of environment and conservation or the commissioner's designees. See Tennessee Code 59-8-202
  • Commissioner: means the commissioner of environment and conservation, the commissioner of environment and conservation's duly authorized representatives, and in the event of absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 59-8-304
  • 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.
  • Condensate: means liquid hydrocarbons that were in the gaseous phase in the reservoir in initial reservoir conditions. See Tennessee Code 60-1-101
  • Confirmation of good standing: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that at the time such confirmation is issued a limited liability partnership or a foreign limited liability partnership is current on all taxes and penalties to the satisfaction of the commissioner. See Tennessee Code 61-1-101
  • Confirmation of good standing: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that at the time such confirmation is issued a limited partnership or a foreign limited partnership is current on all taxes and penalties to the satisfaction of the commissioner. See Tennessee Code 61-2-101
  • Construction: means the erection, acquisition, alteration, reconstruction, improvement or extension of wastewater treatment works, including preliminary planning to determine the economic and engineering feasibility of wastewater treatment works, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, procedures and other similar action necessary in the building of wastewater treatment works, and the inspection and supervision of the construction of wastewater treatment works. See Tennessee Code 68-221-803
  • Construction: means building, reconstruction, erection, replacement, extension, repairing, betterment, equipment, development, embellishment, improvement, acquisition by gift, lease, purchase or the exercise of the right of eminent domain, or any one (1) or more or all of the foregoing, including the acquisition of land and of rights in land, and including acquisition of all of the outstanding capital stock of any corporation whose assets consist entirely of one (1) or more public works projects which together constitute a waterworks, sewer system, natural gas system, electric system, or any combination thereof, including, but not limited to, a water, sewer, natural gas and/or electric distribution system, or any combination thereof, serving a local government and assets related to the operation thereof and whose liabilities consist entirely of those related to the ownership and operation thereof. See Tennessee Code 9-21-105
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means any cash, property, services rendered or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner. See Tennessee Code 61-2-101
  • Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Tennessee Code 36-5-2101
  • Conversion: means a transaction authorized by §. See Tennessee Code 61-3-1101
  • Converted entity: means the converting entity as the converting entity continues in existence after a conversion. See Tennessee Code 61-3-1101
  • Converting entity: means the domestic entity that approves a plan of conversion pursuant to §. See Tennessee Code 61-3-1101
  • 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 executive: means and includes "county mayor" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Court: means , except as provided in §. See Tennessee Code 36-5-3002
  • Court: means a juvenile, circuit, or chancery court or other court of this state with jurisdiction to enter support or custody orders. See Tennessee Code 36-5-3102
  • Court of record: means a court of equity jurisdiction in the county where the partnership maintains its registered office, or if it maintains no registered office in any county, then in a court of equity jurisdiction in Davidson County. See Tennessee Code 61-2-101
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Department: means the department of human services. See Tennessee Code 36-5-701
  • Department: means the department of revenue. See Tennessee Code 60-3-102
  • Department: means the department of human services or its contractor or other designee. See Tennessee Code 36-5-1101
  • Department: means the department of human services or its contractor or designee. See Tennessee Code 36-5-3002
  • Department: means the department of human services or its contractor. See Tennessee Code 36-5-3102
  • Department: means the department of environment and conservation. See Tennessee Code 68-221-803
  • Department: means the department of environment and conservation. See Tennessee Code 59-8-102
  • Department: means the department of environment and conservation. See Tennessee Code 59-8-304
  • Dependent: A person dependent for support upon another.
  • Deposit insurance: means the insurance provided by the federal deposit insurance corporation. See Tennessee Code 9-4-502
  • 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.
  • Devise: To gift property by will.
  • Director: means the director of the division of water pollution control. See Tennessee Code 59-8-202
  • Disaster: means any natural, technological, or civil emergency that results in substantial injury or harm to the population or substantial damage to or loss of property of sufficient severity and magnitude that there is a declaration, resulting from the emergency, of a disaster by the governor under state law or the president under federal law. See Tennessee Code 58-8-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribution: means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee. See Tennessee Code 61-1-101
  • Distributional interest: means the right under an unincorporated entity's organic law and organic rules to receive distributions from the entity. See Tennessee Code 61-3-1101
  • Docket: A log containing brief entries of court proceedings.
  • domestic: means a partnership that has filed an application for registration as a registered limited liability partnership under §. See Tennessee Code 61-1-101
  • Donor: The person who makes a gift.
  • Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See Tennessee Code 36-5-2101
  • Eligible collateral: has the meaning set forth in §. See Tennessee Code 9-4-502
  • 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
  • Emergency: means an occurrence or threat of an occurrence, whether natural or man-made, that results in or may result in substantial injury or harm to the population or substantial damage to or loss of property and which results in a declaration of a state of emergency by a municipal mayor, a county mayor or executive, the governor, or the president. See Tennessee Code 58-8-102
  • Emergency assistance: means assistance provided by a participating governmental entity to another under this chapter. See Tennessee Code 58-8-102
  • Employee: means paid, volunteer, and auxiliary personnel and emergency management workers of a governmental entity. See Tennessee Code 58-8-102
  • Employee: means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986 ( 26 U. See Tennessee Code 36-5-1101
  • Employer: has the meaning given such term in §. See Tennessee Code 36-5-1101
  • Enterprise: means any one (1) of or combination of two (2) or more public works projects, undertakings or projects which the local government is or may hereafter be authorized to construct and from which the local government has heretofore derived or may hereafter derive revenues, and such enterprise includes all improvements, betterments, extensions and replacements thereto, and all appurtenances, facilities, lands, rights in land, water rights, franchises and structures in connection therewith or incidental thereto. See Tennessee Code 9-21-105
  • 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.
  • Equipment: means fire engines, ladders, hooks, hoses and all other equipment necessary for the containing and extinguishing of fires. See Tennessee Code 4-31-503
  • 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.
  • Event of withdrawal of a general partner: means an event that causes a person to cease to be a general partner as provided in §. See Tennessee Code 61-2-101
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • 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.
  • Federal lands: means any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian land. See Tennessee Code 59-8-102
  • Federal program: means a program established by the secretary pursuant to 30 U. See Tennessee Code 59-8-102
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • Filing: means the initiation of judicial action by the completion of a motion or petition seeking to order the alteration of a legal status through the act of sending or bringing the motion or petition to the office of the clerk of the court. See Tennessee Code 36-5-3002
  • Fill bench: means that portion of the bench which is formed by depositing overburden beyond the cut section. See Tennessee Code 59-8-202
  • financial institution: means :

    (1) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U. See Tennessee Code 36-5-814
  • financial institution: shall mean :

    (1) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U. See Tennessee Code 36-5-910
  • 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.
  • For exploratory purposes: means drilling of mineral test holes for the specific purpose of exploring for mineral resources. See Tennessee Code 60-1-503
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: means a partnership that:
    (A) Is formed under the laws of any jurisdiction other than the state of Tennessee. See Tennessee Code 61-1-101
  • Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
    (A) Which has been declared under the law of the United States to be a foreign reciprocating country. See Tennessee Code 36-5-2101
  • Foreign limited liability limited partnership: means a foreign limited partnership whose general partners have limited liability for the debts, obligations, or other liabilities of the foreign partnership under a provision similar to §. See Tennessee Code 61-3-101
  • Foreign limited partnership: includes a partnership formed under the laws of any jurisdiction other than the state of Tennessee and having as partners one (1) or more general partners and one (1) or more limited partners. See Tennessee Code 61-2-101
  • Foreign support order: means a support order of a foreign tribunal. See Tennessee Code 36-5-2101
  • Foreign tribunal: means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Tennessee Code 36-5-2101
  • Fraud: Intentional deception resulting in injury to another.
  • fund: means the fund created pursuant to §. See Tennessee Code 9-4-502
  • 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 defined as oil, including condensate because it originally was in a gaseous phase in the reservoir. See Tennessee Code 60-1-101
  • General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and is so named in the certificate of limited partnership or similar instrument under which the limited partnership is organized, if so required. See Tennessee Code 61-2-101
  • General partner: means a person that:
    (A) Has become a general partner under §. See Tennessee Code 61-3-101
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good standing with the department of revenue: means the secretary of state has received and verified through electronic confirmation or a certificate of tax clearance issued by the commissioner of revenue that a corporation, limited liability company, limited liability partnership, or limited partnership is current on all fees, taxes, and penalties to the satisfaction of the commissioner. See Tennessee Code 61-3-101
  • Governance interest: means a right under the organic law or organic rules of an unincorporated entity, other than as a governor, agent, assignee, or proxy, to:
    (A) Receive or demand access to information concerning, or the books and records of, the entity. See Tennessee Code 61-3-1101
  • Governing body: means the legislative body of any local government of this state or any other authority charged with the governing of the affairs of any local government in this state. See Tennessee Code 9-21-105
  • Governmental entity: means any political subdivision of the state, including, but not limited to, any incorporated city or town, metropolitan government, county, utility district, school district, nonprofit volunteer fire department receiving public funds and recognized under title 68, chapter 102, part 3, rescue squad, human resource agency, public building authority, airport authority, and development district, or any instrumentality of government created by one (1) or more of these named governmental entities or the general assembly, or any entity otherwise recognized by state law as a local governmental entity. See Tennessee Code 58-8-102
  • Governor: means :
    (A) A director of a business corporation. See Tennessee Code 61-3-1101
  • Grant: means the award of state funds to a municipality for the construction of wastewater treatment works or for preliminary engineering pursuant to this part. See Tennessee Code 68-221-803
  • 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.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Highwall: means a slope in excess of thirty-five degrees (35°. See Tennessee Code 59-8-202
  • 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
  • Home state: means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six (6) consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six (6) months old, the state or foreign country in which the child lived from birth with any of them. See Tennessee Code 36-5-2101
  • Imminent danger to the health and safety of the public: means the existence of any condition or practice, or any violation of a permit or other requirement of this part in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation could be abated. See Tennessee Code 59-8-102
  • Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Tennessee Code 36-5-2101
  • Income-withholding order: means an order or other legal process directed to an obligor's employer or other debtor, as provided for in part 5 of this chapter, to withhold support from the income of the obligor. See Tennessee Code 36-5-2101
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Initiating tribunal: means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. See Tennessee Code 36-5-2101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: means an employee of the petroleum tax division of the department who is designated as such. See Tennessee Code 60-3-102
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest: means :
    (A) A share in a business corporation. See Tennessee Code 61-3-1101
  • Interest holder: means :
    (A) A shareholder of a business corporation. See Tennessee Code 61-3-1101
  • Interest holder liability: means :
    (A) Personal liability for a liability of an entity that is imposed on a person:
    (i) Solely by reason of the status of the person as an interest holder. See Tennessee Code 61-3-1101
  • 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
  • Issuing county: means the county in which a court issues a support or custody order or that renders a judgment determining parentage or to which a support or custody order has been previously transferred. See Tennessee Code 36-5-3002
  • Issuing court: means the court that issues a support or custody order or renders a judgment determining parentage or to which a support or custody order has been previously transferred. See Tennessee Code 36-5-3002
  • Issuing court: means the court that entered the order sought to be enforced in the registering court. See Tennessee Code 36-5-3102
  • Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Tennessee Code 36-5-2101
  • Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or renders a judgment determining parentage of a child. See Tennessee Code 36-5-2101
  • 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.
  • 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.
  • Jurisdiction of formation: means the jurisdiction whose laws govern the internal affairs of an entity. See Tennessee Code 61-3-101
  • Labor organization: has the meaning given such term in §. See Tennessee Code 36-5-1101
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Lands eligible for remining: means those lands that would otherwise be eligible for expenditures under 30 U. See Tennessee Code 59-8-102
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Tennessee Code 36-5-2101
  • Law: means any act or statute, general, special or local, of this state, including, but not limited to, any local government charter. See Tennessee Code 9-21-105
  • 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
  • Letter of good standing from the department of revenue: means a letter issued by the department of revenue that a corporation, limited liability company, limited liability partnership, or limited partnership is current on all fees, taxes, and penalties to the satisfaction of the commissioner. See Tennessee Code 61-3-101
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license, certification, registration, permit, approval or other similar document issued to an individual evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, but does not include a license to practice law unless the supreme court establishes guidelines pursuant to §. See Tennessee Code 36-5-701
  • License: means a certificate issued under §. See Tennessee Code 62-1-103
  • Licensee: means any individual holding a license, certification, registration, permit, approval, or other similar document evidencing admission to, or granting authority to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, but "licensee" does not include an attorney only with respect to the attorney's license to practice law unless the supreme court establishes guidelines pursuant to §. See Tennessee Code 36-5-701
  • Licensee: means the holder of a license. See Tennessee Code 62-1-103
  • Licensing authority: means the board, commission, or agency, including the department of safety, that has been established by statute or state regulation to oversee the issuance and regulation of any license. See Tennessee Code 36-5-701
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited partner: means a person who has been admitted to a limited partnership as a limited partner as provided in §. See Tennessee Code 61-2-101
  • Limited partner: means a person that:
    (A) Has become a limited partner under §. See Tennessee Code 61-3-101
  • Liquidating trustee: means a person, other than a general partner, but including a limited partner, carrying out the winding up of a limited partnership. See Tennessee Code 61-2-101
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Local government: means any county, municipality or metropolitan government in this state. See Tennessee Code 9-21-105
  • Local government unit: means any county, metropolitan government, incorporated town or city, or special district of the state, water/wastewater authority or any energy authority created by an act of the general assembly. See Tennessee Code 4-31-102
  • Locality: means the county where all or the majority of a surface coal mining and reclamation operation is located. See Tennessee Code 59-8-102
  • Magistrate: means a duly licensed attorney who has been actively engaged in the practice of law for a period of not less than two (2) years appointed by court authority to set and enforce child support, to review the administrative hearing decisions of the department of human services pursuant to §. See Tennessee Code 36-5-401
  • Manager: means a manager of a limited liability company. See Tennessee Code 62-1-103
  • Member: means actual members of associations without capital stock, and holders of common stock in associations organized with capital stock. See Tennessee Code 59-13-103
  • Member: means a member of a limited liability company. See Tennessee Code 62-1-103
  • Merger: means a transaction authorized by §. See Tennessee Code 61-3-1101
  • Merging entity: means an entity that is a party to a merger and exists immediately before the merger becomes effective. See Tennessee Code 61-3-1101
  • Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities pursuant to the authority of title 7, chapters 1-3. See Tennessee Code 9-21-105
  • Mineral: means , in any county having a population of more than six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, clay, stone, gravel, sand, phosphate rock, metallic ore and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include limestone, coal, marble, chert or dimension stone. See Tennessee Code 59-8-202
  • Mineral: means any substance with economic value whether organic or inorganic that can be extracted from the earth, but excluding oil and gas. See Tennessee Code 60-1-503
  • Mineral test hole: means any hole in excess of one hundred feet (100') drilled during the exploration for minerals but excludes auger drilling in surficial or otherwise unconsolidated material, drilling in conjunction with mining or quarrying operations, drill holes for the exploration of oil and/or gas, water, structural foundations, and seismic surveys. See Tennessee Code 60-1-503
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means any utility district existing on July 1, 1984, county, incorporated town or city, or metropolitan government which has authority to administer a wastewater treatment works, or any combination of two (2) or more of the foregoing acting jointly to construct a wastewater treatment works. See Tennessee Code 68-221-803
  • 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
  • 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.
  • Nonrequesting party: means the party against whom a registered order is sought to be enforced. See Tennessee Code 36-5-3102
  • Not in compliance with an order of support: means that the obligor is five hundred dollars ($500) or more in arrears and the arrears are ninety (90) days or more past due. See Tennessee Code 36-5-701
  • Notes: means notes or interim certificates issued pending preparation or delivery of definitive notes of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
  • 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.
  • Obligations: means bonds, notes and any other evidence of indebtedness lawfully issued or assumed by a local government. See Tennessee Code 9-21-105
  • Obligee: means any individual to whom a duty of support is owed or any state or political subdivision to whom such duty has been assigned or that is collecting support on behalf of an obligee. See Tennessee Code 36-5-701
  • Obligee: means an individual or agency to whom a support obligation is owed by an obligor. See Tennessee Code 36-5-3102
  • Obligee: means :
    (A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued. See Tennessee Code 36-5-2101
  • Obligor: means any individual owing a duty of support. See Tennessee Code 36-5-701
  • Obligor: means an individual against whom a support order has been entered. See Tennessee Code 36-5-3102
  • Obligor: means an individual, or the estate of a decedent that:
    (A) Owes or is alleged to owe a duty of support. See Tennessee Code 36-5-2101
  • Occurrence: means the imminent threat of an event or an actual event and its aftermath, whether natural or man-made, that could lead to substantial bodily injury or property damage and that could lead to the declaration of a state of emergency. See Tennessee Code 58-8-102
  • Office: means the office of surface mining reclamation and enforcement, established by the Surface Mining Control and Reclamation Act of 1977 (30 U. See Tennessee Code 59-8-102
  • Oil: means crude petroleum that was originally in an oil phase in the reservoir. See Tennessee Code 60-1-101
  • Oil or substance: means any oil or substance described in §. See Tennessee Code 60-3-102
  • Operation: means all of the premises, facilities, and equipment and the use thereof in the process of removing and exploring for minerals from a designated surface mine area. See Tennessee Code 59-8-202
  • Operator: means any person who owns or is directly responsible for a business involved in some phase of the production, manufacture, refining or distribution of petroleum oil or natural gas. See Tennessee Code 60-1-101
  • Operator: means a person who is in direct charge, or that by education, training and experience is qualified to be in direct charge, of a water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system. See Tennessee Code 68-221-903
  • Operator: means any person, partnership, or corporation engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive months in any one (1) location. See Tennessee Code 59-8-102
  • Operator: means any person, partnership or corporation engaged in surface mining who removes or intends to remove more than two hundred fifty (250) tons of any mineral from the earth by surface mining within twelve (12) successive calendar months. See Tennessee Code 59-8-202
  • Operator: means the person, whether owner or not, supervising or responsible for drilling, operating, repairing, abandoning or plugging of mineral test holes subject to this part. See Tennessee Code 60-1-503
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order of support: means any judgment or order for the support of dependent children issued by any court of this state or another state, including an order in a final decree of divorce, or any order issued in accordance with an administrative procedure established by state law in this or another state that affords substantial due process and is subject to judicial review. See Tennessee Code 36-5-701
  • Organic law: means the law of an entity's jurisdiction of formation governing the internal affairs of the entity. See Tennessee Code 61-3-1101
  • Organic rules: means the public organic record and private organic rules of an entity. See Tennessee Code 61-3-1101
  • Other minerals: means clay, stone, sand, gravel, metalliferous and nonmetalliferous ores, and any other solid material or substances of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and those minerals that occur naturally in liquid or gaseous form. See Tennessee Code 59-8-102
  • Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Tennessee Code 36-5-2101
  • Overburden: means all earth and other materials which are removed to gain access to the mineral in the process of surface mining. See Tennessee Code 59-8-202
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the person who has the right to drill into and to produce from any pool, and to appropriate the production for such person or others. See Tennessee Code 60-1-101
  • Owner: means the person who has or attains the right to drill, convert or operate any mineral test hole subject to this part. See Tennessee Code 60-1-503
  • PA firm: means a sole proprietorship, corporation, partnership or any other form of organization issued a permit under §. See Tennessee Code 62-1-103
  • Participating governmental entity: means any governmental entity in the state that requests or responds to a request for aid or assistance under this chapter. See Tennessee Code 58-8-102
  • Partner: means a limited or general partner. See Tennessee Code 61-2-101
  • Partner: means a limited partner or general partner. See Tennessee Code 61-3-101
  • Partnership: means an association of two (2) or more persons to carry on as co-owners of a business or other undertaking for profit formed under §. See Tennessee Code 61-1-101
  • 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.
  • Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See Tennessee Code 61-1-101
  • Partnership agreement: means any agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See Tennessee Code 61-2-101
  • Partnership at will: means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. See Tennessee Code 61-1-101
  • Partnership interest: means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets. See Tennessee Code 61-2-101
  • Peer review: means a study, appraisal or review of one (1) or more aspects of the professional work of a CPA firm that performs attest services by a qualified person or persons who hold certificates and who are not affiliated with the CPA firm being reviewed. See Tennessee Code 62-1-103
  • Permit: means a permit to practice as a CPA firm issued under §. See Tennessee Code 62-1-103
  • Permit: means a permit to conduct surface coal mining and reclamation operations issued by the commissioner. See Tennessee Code 59-8-102
  • Permit area: means the area of land indicated on the approved map submitted by the operator with the operator's application, which area of land is covered by the operator's bond as required by §. See Tennessee Code 59-8-102
  • Permittee: means a person holding, or required by this part or rules promulgated by the commissioner to hold, a permit. See Tennessee Code 59-8-102
  • Person: means any individual, firm, partnership, corporation, and association. See Tennessee Code 59-13-103
  • Person: means any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind. See Tennessee Code 60-1-101
  • Person: means an individual, corporation, limited liability company, business trust, estate, trust, partnership (whether general or limited), association, joint venture, government, governmental subdivision, agency, or instrumentality, custodian, nominee or any other individual or entity in its own or any representative capacity, or any other legal or commercial entity. See Tennessee Code 61-1-101
  • Person: means a natural person, a foreign or domestic partnership (whether general or limited), trust, estate, association, corporation, custodian, nominee or any other individual or entity in its own or any representative capacity. See Tennessee Code 61-2-101
  • Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 61-3-101
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 36-5-2101
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Person: means an individual, partnership, association, society, governmental agency or entity, joint stock company, firm, company, corporation, or other business organization. See Tennessee Code 59-8-102
  • Person: means an individual, partnership, corporation or any other association of individuals. See Tennessee Code 59-8-202
  • Person: means any individual, corporation, company, association, joint venture, partnership, receiver, trustee, guardian, executor, administrator, personal representative or private organization of any kind. See Tennessee Code 60-1-503
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
  • 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
  • Petitioner: means a person or governmental entity seeking to be awarded or to enforce support for a child, or seeking to modify a previous child support order. See Tennessee Code 36-5-401
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means a plan of merger, plan of conversion, or plan of domestication. See Tennessee Code 61-3-1101
  • Plan of conversion: means a plan under §. See Tennessee Code 61-3-1101
  • Plan of merger: means a plan under §. See Tennessee Code 61-3-1101
  • 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.
  • Pollution: means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of the waters, soils, animal, fish and aquatic life or surface property of this state as will:
    (A) Result or will likely result in harm, potential harm, or detriment to the public health, safety, or welfare. See Tennessee Code 60-1-503
  • Pool: means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas or both. See Tennessee Code 60-1-101
  • 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
  • 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.
  • Preliminary engineering: means preparation of the Section 201 Facilities Plan, preparation of engineering plans, writing specifications, value engineering, and related, similar activities. See Tennessee Code 68-221-803
  • Principal office: means the principal executive office of a limited partnership or foreign limited partnership, whether or not the office is located in this state. See Tennessee Code 61-3-101
  • 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.
  • Professional: means arising out of or related to the specialized knowledge or skills associated with CPAs. See Tennessee Code 62-1-103
  • Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See Tennessee Code 61-1-101
  • Property: means all property, whether real, personal, mixed, or tangible or intangible, or any right or interest in such property. See Tennessee Code 61-3-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected agreement: means :
    (A) A record evidencing indebtedness and any related agreement in effect on the date the entity becomes subject to this chapter pursuant to §. See Tennessee Code 61-3-1101
  • Provisions of this part: means the rules, regulations and orders issued by the commissioner pursuant to this part as well as the words of the sections themselves. See Tennessee Code 59-8-202
  • Public accountant: means a person holding a registration issued under §. See Tennessee Code 62-1-103
  • Public deposit: means funds in which the entire beneficial interest is owned by a public depositor or funds held in the name of a public official of a public depositor charged with the duty to receive or administer funds and acting in such official's official capacity. See Tennessee Code 9-4-502
  • Public depositor: means the state of Tennessee, or any of its agencies, or any Tennessee county, Tennessee incorporated municipality and their political subdivisions, or any utility district organized under the laws of the state or any interstate compact to which the state is a party. See Tennessee Code 9-4-502
  • Public depository: means :
    (i) Any savings and loan association, or savings bank (collectively referred to as savings institutions), or any bank chartered by the state of Tennessee. See Tennessee Code 9-4-502
  • 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 works project: includes any one (1) or any combination of the following: acquisitions of land for the purpose of providing or preserving open land. See Tennessee Code 9-21-105
  • Qualified public depository: means any public depository that meets all of the requirements of this part and that has been authorized by the board to secure public deposits through the collateral pool. See Tennessee Code 9-4-502
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Reclamation: means the process of backfilling, grading and shaping of the disturbed land in the affected area, constructing water control facilities, the taking of measures to control current or future air, water or soil pollution, and the planting of vegetation, and other measures. See Tennessee Code 59-8-202
  • Reclamation plan: means a plan submitted by an applicant for a permit under §. See Tennessee Code 59-8-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Tennessee Code 36-5-2101
  • Record: when used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Tennessee Code 61-3-101
  • 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
  • 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
  • Register: means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. See Tennessee Code 36-5-2101
  • Registered agent: means an agent of a limited partnership or foreign limited partnership who is authorized to receive service of any process or notice required or permitted by law to be served on the partnership. See Tennessee Code 61-3-101
  • Registered foreign entity: means a foreign entity that is registered to do business in this state pursuant to a record filed by the secretary of state. See Tennessee Code 61-3-1101
  • Registered foreign limited partnership: means a foreign limited partnership that is registered to do business in this state pursuant to a statement of registration filed by the secretary of state. See Tennessee Code 61-3-101
  • Registering court: means the court in which a support order is registered for enforcement only. See Tennessee Code 36-5-3102
  • Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Tennessee Code 36-5-2101
  • Registration: means the registration issued to a public accountant under §. See Tennessee Code 62-1-103
  • 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.
  • Report: when used with reference to attest services, means an opinion, report or other form of language that states or implies assurance as to the reliability of any financial statements or assertion. See Tennessee Code 62-1-103
  • 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
  • Request: means a statement of a requesting party seeking transfer of a custody or child support case to the court of another county. See Tennessee Code 36-5-3002
  • Requesting party: means a governmental entity that requests aid or assistance from another governmental entity under this chapter. See Tennessee Code 58-8-102
  • Requesting party: means custodial parent, noncustodial parent or, in Title IV-D child support cases, the department or its contractor. See Tennessee Code 36-5-3002
  • Required information: means the information that a limited partnership is required to maintain under §. See Tennessee Code 61-3-101
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reserve capacity: means capacity to treat, store, transport or dispose of more wastewater than the demand on the system at the time of construction. See Tennessee Code 68-221-803
  • Respondent: means a person from whom child support is sought or a person in opposition to modification of a prior order. See Tennessee Code 36-5-401
  • Responding party: means a governmental entity that has received and responded to a request to provide mutual aid or assistance to another governmental entity under this chapter. See Tennessee Code 58-8-102
  • Responding state: means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. See Tennessee Code 36-5-2101
  • Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Tennessee Code 36-5-2101
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted license: means a license that allows a person to operate a motor vehicle for the limited purposes of going to and from and working at the person's regular place of employment and going to and from the person's school and does not include a commercial driver license of any kind. See Tennessee Code 36-5-701
  • review committee: means any person or persons carrying out, administering or overseeing peer review. See Tennessee Code 62-1-201
  • right of contribution: means property or a benefit described in §. See Tennessee Code 61-3-101
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • 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
  • Rule: means any rule, regulation or other written directive of general application duly adopted by the board in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. See Tennessee Code 62-1-103
  • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
  • Secretary: means the secretary of the interior. See Tennessee Code 59-8-102
  • Secretary of state: means the secretary of state of Tennessee. See Tennessee Code 61-1-101
  • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
  • 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.
  • Shaping: means grading, backfilling and other earth moving required by this part to be done by the operator in connection with the reclamation of the area affected. See Tennessee Code 59-8-202
  • Sign: means , with present intent to authenticate or adopt a record:
    (A) To execute or adopt a tangible symbol. See Tennessee Code 61-3-101
  • 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
  • Spoil bank: means the overburden as it is piled or deposited in the process of surface mining. See Tennessee Code 59-8-202
  • Spousal support: as used in this part , means a legally enforceable obligation assessed against an individual for the support of a spouse or former spouse who is living with a child or children for whom the individual also owes support. See Tennessee Code 36-5-1002
  • Spousal support order: means a support order for a spouse or former spouse of the obligor. See Tennessee Code 36-5-2101
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 61-1-101
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 61-3-101
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. See Tennessee Code 36-5-2101
  • State: means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands and Guam, except that "this state" means the state of Tennessee. See Tennessee Code 62-1-103
  • State: means the state of Tennessee. See Tennessee Code 9-21-105
  • State: means the state of Tennessee. See Tennessee Code 8-34-101
  • 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-shared taxes: means taxes imposed and collected by the state pursuant to law and allocated by law to local government units, whether allocated for a particular purpose or for the general use of such local government units. See Tennessee Code 4-31-102
  • Statement: means a statement of partnership authority under §. See Tennessee Code 61-1-101
  • Statute: A law passed by a legislature.
  • Stream: means any waterway that normally exhibits water flow at least six (6) consecutive months per year. See Tennessee Code 59-8-202
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
  • Substantial equivalency: is a determination by the board of accountancy or its designee that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to or exceed the education, examination and experience requirements contained in this chapter or that an individual CPA's education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements contained in this chapter. See Tennessee Code 62-1-103
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisor: means the commissioner of environment and conservation or the commissioner's designee. See Tennessee Code 60-1-101
  • Supervisor: means the commissioner or the commissioner's designee. See Tennessee Code 60-1-503
  • Support enforcement agency: means a public official, governmental entity, or private agency authorized to:
    (A) Seek enforcement of support orders or laws relating to the duty of support. See Tennessee Code 36-5-2101
  • Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Tennessee Code 36-5-2101
  • Surface coal mining and reclamation operations: means surface coal mining operations and all activities necessary and incident to the reclamation of surface coal mining operations occurring on and after the effective date of this act. See Tennessee Code 59-8-102
  • Surface coal mining operations: means :
    (A) Activities conducted on the surface of lands in connection with a surface coal mine or subject to §. See Tennessee Code 59-8-102
  • Surface mining: means all or any part of the process followed in the production of minerals from a natural mineral deposit by the open pit or open cut method, auger method, highwall mining method which requires a new cut or removal of overburden, or any other mining process in which the strata or overburden is removed or displaced in order to recover the mineral. See Tennessee Code 59-8-202
  • Surviving entity: means the entity that continues in existence after or is created by a merger. See Tennessee Code 61-3-1101
  • Tax clearance for termination or withdrawal: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that a limited liability partnership or a foreign limited liability partnership has filed all applicable reports, including, but not limited to, a final report, and has paid all fees, penalties and taxes as required by the revenue laws of this state. See Tennessee Code 61-1-101
  • Tax clearance for termination or withdrawal: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that a limited partnership or a foreign limited partnership has filed all applicable reports, including, but not limited to, a final report, and has paid all fees, penalties and taxes as required by the revenue laws of this state. See Tennessee Code 61-2-101
  • 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
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Title IV-D agency: means the agency designated pursuant to Title IV, Part D of the Social Security Act ( 42 U. See Tennessee Code 36-5-1101
  • 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.
  • 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.
  • Transfer: means the process by which the transferor court, upon request, moves the case to a court where the child resides thereby conferring jurisdiction on the transferee court. See Tennessee Code 36-5-3002
  • Transfer: means an assignment, conveyance, lease, mortgage, deed, and encumbrance. See Tennessee Code 61-1-101
  • Transfer: includes :
    (A) An assignment. See Tennessee Code 61-3-101
  • Transferee court: means the court that assumes jurisdiction upon a transfer of a case. See Tennessee Code 36-5-3002
  • Transferor court: means the court from which a case is transferred to another court. See Tennessee Code 36-5-3002
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Tennessee Code 36-5-2101
  • Trustee: A person or institution holding and administering property in trust.
  • Type of entity: means a generic form of entity:
    (A) Recognized at common law. See Tennessee Code 61-3-1101
  • 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
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Value engineering: is a specialized cost control technique which uses a systematic and creative approach to identify and focus on unnecessarily high cost in a project in order to arrive at a cost saving without sacrificing the reliability or efficiency of the project. See Tennessee Code 68-221-803
  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Wastewater collection system: means the entire system of pipes, valves, pumping stations and appurtenances through which wastewater is collected and conveyed to the wastewater treatment plant. See Tennessee Code 68-221-903
  • Wastewater treatment plant: means the facility or group of units provided for the treatment of wastewater, either or both domestic and industrial wastes. See Tennessee Code 68-221-903
  • Wastewater treatment works: means any facility whose purpose is to store, treat, neutralize, stabilize, recycle, reclaim or dispose of municipal wastewater, including treatment or disposal plants, interceptors, outfall, and outlet sewers, pumping stations, equipment and furnishings thereof and their appurtenances which are necessary to accomplish the foregoing purposes. See Tennessee Code 68-221-803
  • Water distribution system: means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer. See Tennessee Code 68-221-903
  • Water supply system: means the system of pipes, structures and facilities through which water is obtained, treated, and sold, distributed or otherwise offered to the public for household use or any use by humans, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals at least one hundred twenty (120) days or at least sixty (60) consecutive days out of the year. See Tennessee Code 68-221-903
  • Water treatment plant: means the portion of the water supply system which in some way alters the physical, chemical or bacteriological quality of the water. See Tennessee Code 68-221-903
  • willfully: means that a person acted:
    (A) Intentionally, voluntarily, or consciously. See Tennessee Code 59-8-102
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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