Part 1 Admission to Bail 40-11-101 – 40-11-152
Part 2 Forfeiture of Bail 40-11-201 – 40-11-215
Part 3 Professional Bondsmen 40-11-301 – 40-11-320
Part 4 Continuing Education for Professional Bail Bonding Agents 40-11-401 – 40-11-405

Terms Used In Tennessee Code > Title 40 > Chapter 11

  • Abandoned drycleaning facility: means any real property premises or individual leasehold space on which a drycleaning facility formerly operated. See Tennessee Code 68-217-102
  • account: means a trust or custodian established pursuant to a health savings account program exclusively to pay the qualified medical expenses of an eligible individual or the individual's dependents, but only if the written governing instrument creating the account meets the following requirements:

    • (A) Except in the case of a rollover contribution, no contribution shall be accepted:

      • (i) Unless it is in cash. See Tennessee Code 67-10-102

      • Acquittal:
        1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
        2. A verdict of "not guilty."
         
      • Administrator: means the administrator, or head by whatever name, of the United States environmental protection agency. See Tennessee Code 69-3-103
      • Advisory council: means the Tennessee trauma care advisory council, formerly known as the trauma task force. See Tennessee Code 68-59-102
      • Aerial passenger tramways: means recreational transportation of passengers on devices that are usually referred to by the following names:

        • (A) Reversible Aerial Tramways. See Tennessee Code 68-121-101

        • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
        • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
        • Agency: means any department, division, board, bureau, commission, or other separate unit of government created by law or pursuant to law, including the legislative branch and the judicial branch. See Tennessee Code 10-7-301
        • Agent: means a person:

          • (A) Authorized to act for and on behalf of the landlord for the acceptance of service of process and for receipt of notices and demands or who becomes an agent pursuant to §. See Tennessee Code 68-111-101

          • 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

            • Airblast: means a pressure wave from a blast traveling through the atmosphere. See Tennessee Code 68-105-102
            • Alteration: means any change or addition to the equipment other than ordinary repairs or replacement. See Tennessee Code 68-121-101
            • 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.
            • Amusement device: includes , but is not limited to, roller coasters, Ferris wheels, merry-go-rounds, glasshouses, and walk-through dark houses. See Tennessee Code 68-121-101
            • Analytic testing: means that phase of medical laboratory testing, as defined by the board, that can impact the reliability of the results reported. See Tennessee Code 68-29-103
            • Animal feeding operation: means a lot or facility, other than an aquatic animal production facility, where the following conditions are met:

              • (A) Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period. See Tennessee Code 69-3-103

              • 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.
              • 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
              • Arrest: Taking physical custody of a person by lawful authority.
              • Assembly: means a gathering of five thousand (5,000) or more people that is conducted or can reasonably be expected to be conducted for eighteen (18) or more hours continuously, whether on public or private property. See Tennessee Code 68-112-102
              • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
              • ATF: means the bureau of alcohol, tobacco, firearms, and explosives of the United States department of justice. See Tennessee Code 68-105-102
              • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
              • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
              • 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.
              • Blast hole: means a hole drilled in rock or other material for the placement of explosives. See Tennessee Code 68-105-102
              • Blaster: means a person qualified by reason of training, knowledge, experience and registration to fire or detonate explosives in blasting operations. See Tennessee Code 68-105-102
              • Blasting operation: means the use of explosives in the blasting of stone, rock, ore or any other natural formation, or in any construction or demolition work. See Tennessee Code 68-105-102
              • Board: means the medical laboratory board, created by §. See Tennessee Code 68-29-103
              • Board: means the elevator and amusement device safety board, created in §. See Tennessee Code 68-121-101
              • Board: means the board of water quality, oil and gas, created in §. See Tennessee Code 69-3-103
              • Boat: means any vessel or watercraft moved by oars, paddles, sails or other power mechanism, inboard or outboard, or any vessel or structure floating upon the water whether or not capable of self-locomotion, including, but not limited to, houseboats, barges, docks, and similar floating objects. See Tennessee Code 69-3-103
              • bondsman: extends to and includes the agents, representatives or employees of a professional bondsman, or those acting for the bondsman, whether with or without compensation or salary. See Tennessee Code 40-11-301
              • Cat: means all domesticated members of the feline family. See Tennessee Code 68-8-102
              • Chambers: A judge's office.
              • Charge: means a quantity of explosives that is to be detonated within a segregated position in the blast design. See Tennessee Code 68-105-102
              • Child: means any person under eighteen (18) years of age. See Tennessee Code 68-106-101
              • 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.
              • 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
              • Collection station: means any place or entity that has as its primary purpose either the collection of specimens directly from patients or the bringing together of specimens after collection for the purpose of referral to a medical laboratory where testing is performed. See Tennessee Code 68-29-103
              • Commissioner: means the commissioner of health or a duly authorized representative. See Tennessee Code 68-8-102
              • Commissioner: means the commissioner of health or the commissioner's designee. See Tennessee Code 68-10-101
              • Commissioner: means the commissioner of health. See Tennessee Code 68-29-103
              • Commissioner: means the commissioner of health. See Tennessee Code 68-34-102
              • Commissioner: means the commissioner of health or the commissioner's designated representative. See Tennessee Code 68-41-101
              • Commissioner: means the commissioner of health. See Tennessee Code 68-59-102
              • Commissioner: means commissioner of commerce and insurance. See Tennessee Code 68-105-102
              • Commissioner: means the commissioner of health or the commissioner's authorized representative. See Tennessee Code 68-110-101
              • Commissioner: means the commissioner of labor and workforce development. See Tennessee Code 68-121-101
              • Commissioner: means the commissioner of environment and conservation or the commissioner's authorized representative. See Tennessee Code 68-213-102
              • Commissioner: means the commissioner of environment and conservation, or the commissioner's designee. See Tennessee Code 68-217-102
              • Commissioner: means the commissioner of environment and conservation or the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 69-3-103
              • 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.
              • Confinement: means housed in a building, pen or by some other suitable escape-proof method or enclosure or being leashed. See Tennessee Code 68-8-102
              • Construction: means any placement, assembly, or installation of facilities or equipment, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises. See Tennessee Code 69-3-103
              • Contraceptive procedures: means any medically accepted procedure designed to prevent conception. See Tennessee Code 68-34-102
              • Contraceptive supplies: means those medically approved items designed to prevent conception through chemical, mechanical or other means. See Tennessee Code 68-34-102
              • Contract: A legal written agreement that becomes binding when signed.
              • Conviction: A judgement of guilt against a criminal defendant.
              • Coordinator: means the person designated by the commissioner pursuant to §. See Tennessee Code 68-59-102
              • 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.
              • Council: means the public health council, as defined in §. See Tennessee Code 68-29-103
              • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
              • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
              • Damages: means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil. See Tennessee Code 68-216-102
              • 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.
              • Delay: means a period of time until detonation after application of energy to the ignition system. See Tennessee Code 68-105-102
              • Delay period: means a time separation of eight (8) milliseconds or greater between detonation of charges. See Tennessee Code 68-105-102
              • Dense non-aqueous solvent or product: means any chemical or mixture of chemicals other than water-based solvents that is used in the drycleaning of clothes and that does not float on water. See Tennessee Code 68-217-102
              • Department: means the department of health. See Tennessee Code 68-6-102
              • Department: means the Tennessee department of health. See Tennessee Code 68-8-102
              • Department: means the department of health. See Tennessee Code 68-10-101
              • Department: means the state department of health, including the public health council [repealed]. See Tennessee Code 68-29-103
              • Department: means the department of health. See Tennessee Code 68-34-102
              • Department: means the department of health. See Tennessee Code 68-41-101
              • Department: means the department of health. See Tennessee Code 68-59-102
              • Department: means the department of commerce and insurance. See Tennessee Code 68-105-102
              • Department: means the department of health. See Tennessee Code 68-110-101
              • Department: means the department of health. See Tennessee Code 68-112-102
              • Department: means the department of labor and workforce development. See Tennessee Code 68-121-101
              • Department: means the department of environment and conservation. See Tennessee Code 68-213-102
              • Department: means the department of environment and conservation. See Tennessee Code 68-217-102
              • Department: means the department of environment and conservation. See Tennessee Code 69-3-103
              • Dependent: A person dependent for support upon another.
              • Designated Entity: means an entity that performs actions or functions on behalf of the provider, payer or patient for the purposes of creating an electronic health record. See Tennessee Code 68-29-103
              • Devise: To gift property by will.
              • Director: means the director of the division of water management of the department. See Tennessee Code 69-3-103
              • discharge: when used without qualification, each refer to the addition of pollutants to waters from a source. See Tennessee Code 69-3-103
              • Discharge: means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping. See Tennessee Code 68-216-102
              • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
              • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
              • Disposition: means preservation of the original records in whole or in part, preservation by photographic or other reproduction processes, or outright destruction of the records. See Tennessee Code 10-7-301
              • Distance: means the actual distance in feet along ground contour to the nearest dwelling house, public building, school, church, commercial or institutional building normally occupied. See Tennessee Code 68-105-102
              • division: means the division of records management of the department of state. See Tennessee Code 10-7-301
              • Division: means the division of water management. See Tennessee Code 69-3-103
              • Dog: means all domesticated members of the canine family. See Tennessee Code 68-8-102
              • Donor: The person who makes a gift.
              • Drycleaner environmental response fund: refers to the fund established under §. See Tennessee Code 68-217-102
              • Drycleaning facility: means any commercial facility located in this state which is engaged in on-site drycleaning operations, other than:

                • (A) A coin-operated drycleaning operation. See Tennessee Code 68-217-102

                • Drycleaning operations: means cleaning of apparel and household fabrics, using one (1) or more drycleaning solvents, including, but not limited to, those businesses described in Standard Industrial Classification (SIC) Code No. See Tennessee Code 68-217-102
                • Dumbwaiter: means a hoisting and lowering mechanism equipped with a car that moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet (9 sq. See Tennessee Code 68-121-101
                • Effluent limitation: means any restriction, established by the board or the commissioner, on quantities, rates and concentrations of chemical, physical, biological, and other constituents that are discharged into waters or adjacent to waters. See Tennessee Code 69-3-103
                • Elevator: means a hoisting and lowering mechanism equipped with a car or platform that moves in guides in a substantially vertical direction and that serves two (2) or more floors of a building. See Tennessee Code 68-121-101
                • Eligible individual: means the individual taxpayer, including employees of an employer who contributes to health savings accounts on the employees' behalf, who:

                  • (A) Must be covered by a high deductible health plan individually or with the individual's dependent. See Tennessee Code 67-10-102

                  • 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
                  • Escalator: means a moving inclined continuous stairway or runway used for raising or lowering passengers. See Tennessee Code 68-121-101
                  • 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.
                  • Explosives: means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units or other ingredients in such proportion or quantities that ignition by detonation may produce an explosion, capable of causing injury to persons or damage to property. See Tennessee Code 68-105-102
                  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
                  • 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 on-scene coordinator: means the federal official designated by the lead agency or predesignated by the environmental protection agency (EPA) or the coast guard to coordinate and direct responses under the National Contingency Plan. See Tennessee Code 68-216-102
                  • Felony: A crime carrying a penalty of more than a year in prison.
                  • 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.
                  • Forestry best management practices: means those land and water resource conservation measures that prevent, limit, or eliminate water pollution for forest resource management purposes, as provided in rules promulgated in this part in accordance with §. See Tennessee Code 69-3-103
                  • Forms: means the certificates that are authorized, prepared and distributed by the department to carry out this chapter. See Tennessee Code 68-10-101
                  • Freight elevator: means an elevator used primarily for carrying freight and on which only the operator and the persons necessary for loading and unloading are permitted to ride. See Tennessee Code 68-121-101
                  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
                  • good faith: as used in this chapter , shall not include willful misconduct, gross negligence, or reckless disregard. See Tennessee Code 68-6-103
                  • Governing body: means the governing body of every county in this state. See Tennessee Code 68-213-102
                  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
                  • Grantor: The person who establishes a trust and places property into it.
                  • 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.
                  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
                  • Handler: means a person qualified by reason of training, knowledge, experience and registration to accept custody and possession of explosives in blasting operations. See Tennessee Code 68-105-102
                  • Health care provider: means a Tennessee licensed medical doctor (M. See Tennessee Code 68-6-102
                  • Hemophilia: means a bleeding tendency resulting from a genetically determined deficiency factor in the blood. See Tennessee Code 68-41-101
                  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
                  • Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for the purpose of vehicular travel. See Tennessee Code 68-106-101
                  • Impacted third party: means a lessor of real property on which a drycleaning facility or an in-state wholesale distribution facility is located, a property owner whose real property is adversely environmentally impacted by a release from a drycleaning facility or in-state wholesale distribution facility, or their predecessors, successors or assigns, mortgagees, predecessors-in-title and successors-in-title. See Tennessee Code 68-217-102
                  • In-state wholesale distribution facility: means a place of business located in this state of a wholesale distributor or any real property premises or individual leasehold space located in this state, occupied by an in-state wholesale distribution facility after June 13, 1995. See Tennessee Code 68-217-102
                  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
                  • Independent laboratory: means a medical laboratory performing patient tests that is independent both of attending and consulting physicians' offices and independent of a hospital. See Tennessee Code 68-29-103
                  • 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.
                  • Industrial user: means those industries identified in the standard industrial classification manual, bureau of the budget, 1967, as amended and supplemented, under the category "Division D -- Manufacturing" and such other classes of significant waste producers as the board or commissioner deems appropriate. See Tennessee Code 69-3-103
                  • Industrial wastes: means any liquid, solid, or gaseous substance, or combination thereof, or form of energy including heat, resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource. See Tennessee Code 69-3-103
                  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
                  • Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
                  • Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways that join one another at, or approximately at, right angles, or the areas within which vehicles traveling upon different highways joining at any other angle may come in conflict. See Tennessee Code 68-106-101
                  • 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.
                  • Landfill area: means any land area selected for the purpose of solid waste disposal or solid waste material. See Tennessee Code 68-213-102
                  • Landlord: means lessor, one under whom another holds premises as a tenant or lessee. See Tennessee Code 68-111-101
                  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
                  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
                  • Letter of denial: means a written notification from the ATF indicating that an individual is not approved to possess, use, manufacture, distribute, transport, or direct the use or management of explosives. See Tennessee Code 68-105-102
                  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
                  • Lien: A claim against real or personal property in satisfaction of a debt.
                  • Light non-aqueous solvent or product: means any chemical or mixture of chemicals other than water-based solvents that is used in the drycleaning of clothes and that floats on water. See Tennessee Code 68-217-102
                  • Limited blaster: means a person qualified by reason of training, knowledge, experience and registration to fire or detonate not more than five (5) pounds of explosives per blast. See Tennessee Code 68-105-102
                  • Liquid waste management system: means a waste management system that collects, stores, or land applies manure in a liquid, flowable form. See Tennessee Code 69-3-103
                  • 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 administrative officer: means the chief administrative officer of a pretreatment agency that has adopted and implemented an approved pretreatment program pursuant to this part and 33 U. See Tennessee Code 69-3-103
                  • Local hearing authority: means the administrative board created pursuant to an approved pretreatment program that is responsible for the administration and enforcement of that program and §§. See Tennessee Code 69-3-103
                  • Medical laboratory: means any institution, building, or place in which operations and procedures for the microbiological, serological, chemical, hematological, immunohematological, or biophysical examination of specimens taken from the human body are performed to obtain information for diagnosis, prophylaxis, or treatment or where any examination, determination, or test is made on any sample used as a basis for health advice, or where any sample is collected for the purpose of transfusion or processing of blood or blood fractions, or for the training of medical laboratory personnel. See Tennessee Code 68-29-103
                  • Medical laboratory director: means a person who is responsible for the administration of the technical and scientific operation of a medical laboratory, including supervision of procedures for testing and the reporting of results. See Tennessee Code 68-29-103
                  • Medical laboratory evaluation program: means a program of evaluating the proficiency of medical laboratories by the department. See Tennessee Code 68-29-103
                  • Medical laboratory owner: means a person or agency in whom is vested the rights of control, possession, and dominion of a medical laboratory, and, for the purposes of this chapter, includes a county, municipality, or any other owner of an institution operating a medical laboratory. See Tennessee Code 68-29-103
                  • Medical laboratory personnel: includes the medical laboratory director, supervisor, technologist, or technician, but does not include medical laboratory assistants, trainees, or other persons employed by a medical laboratory to perform clerical or other administrative responsibilities involving no laboratory test. See Tennessee Code 68-29-103
                  • Medical laboratory supervisor: means a person who, under the general supervision of a medical laboratory director, supervises technical personnel, performs tests requiring special scientific skills, and, in the absence of the director, is held responsible for the proper performance of all medical laboratory procedures and the reporting of results. See Tennessee Code 68-29-103
                  • Medical laboratory technician: means any person other than the medical laboratory director, supervisor, technologist, or trainee who functions under the supervision of a medical laboratory director, supervisor, or technologist and performs only those medical laboratory procedures that require limited skill, responsibility, and a minimal exercise of independent judgment. See Tennessee Code 68-29-103
                  • Medical laboratory technologist: means a person who performs tests that require the exercise of independent judgment and responsibility with minimal supervision by the director or supervisor, in only those specialties or subspecialties in which the technologist is qualified by education, training, and experience. See Tennessee Code 68-29-103
                  • Medical laboratory trainee: is a person enrolled in a program accredited by an accrediting agency accepted by the board. See Tennessee Code 68-29-103
                  • Member: means a member of the board of water quality, oil and gas. See Tennessee Code 69-3-103
                  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
                  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
                  • Month: means a calendar month. See Tennessee Code 1-3-105
                  • Moving walks: means a moving runway for transporting passengers, where the passenger transporting surface remains parallel to its direction of motion and is uninterrupted. See Tennessee Code 68-121-101
                  • Municipal separate storm sewer system: means a municipal separate storm sewer system as defined in the Clean Water Act (33 U. See Tennessee Code 69-3-103
                  • National Contingency Plan: means the National Contingency Plan prepared and published under § 311(d) of the federal Water Pollution Control Act, codified in 33 U. See Tennessee Code 68-216-102
                  • Oath: includes affirmation. See Tennessee Code 1-3-105
                  • Obligate lotic aquatic organisms: means organisms that require flowing water for all or almost all of the aquatic phase of their life cycles. See Tennessee Code 69-3-103
                  • 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.
                  • Observation period: means the time following a bite incident during which the biting animal's health status must be monitored. See Tennessee Code 68-8-102
                  • Oil: means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. See Tennessee Code 68-216-102
                  • Operator: means a person or the agent of a person who owns or controls, or has the duty to control, the operation of an amusement device or related electrical equipment. See Tennessee Code 68-121-101
                  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
                  • Organized camp: means any area, place, parcel, or tract of land on which facilities are established or maintained to provide an outdoor group-living experience for children or adults, or where one (1) or more permanent or semipermanent structures are established or maintained as living or sleeping quarters for children or adults, and operated for educational, social, recreational, religious instruction or activity, physical education or health, or vacation purposes either gratuitously or for compensation. See Tennessee Code 68-110-101
                  • Other wastes: means any and all other substances or forms of energy, with the exception of sewage and industrial wastes, including, but not limited to, decayed wood, sand, garbage, silt, municipal refuse, sawdust, shavings, bark, lime, ashes, offal, oil, hazardous materials, tar, sludge, or other petroleum byproducts, radioactive material, chemicals, heated substances, dredged spoil, solid waste, incinerator residue, sewage sludge, munitions, biological materials, wrecked and discarded equipment, rock, and cellar dirt. See Tennessee Code 69-3-103
                  • Owner: means any person having a right or property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in such person's care or acts as its custodian, or who permits a dog or cat to remain on or about any premises. See Tennessee Code 68-8-102
                  • Owner: means a person that owns, leases, controls or manages the operations of an amusement device and may include the state or any political subdivision of the state. See Tennessee Code 68-121-101
                  • Owner or operator: means any person who owns, leases, operates, controls, or supervises a source. See Tennessee Code 69-3-103
                  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
                  • Passenger: means any person, while being transported or conveyed by a passenger tramway, or while waiting in the immediate vicinity for such transportation or conveyance, or while moving away from the disembarkation or unloading point of a passenger tramway to clear the way for the passengers following, or while in the act of boarding or embarking upon or disembarking from, a passenger tramway. See Tennessee Code 68-114-102
                  • Passenger elevator: means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading. See Tennessee Code 68-121-101
                  • Passenger tramway: means those devices described in American National Standards Institute Code §? B 77. See Tennessee Code 68-114-102
                  • Peace officer: means animal control officer, police, rabies control officer, sheriff, wildlife officer, or similar duly appointed law enforcement officer of the state or any political subdivision thereof, authorized by the Constitution, statutes, charter, or ordinances to enforce statutory, rule, charter or ordinance violations. See Tennessee Code 68-8-102
                  • Person: means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country. See Tennessee Code 69-3-103
                  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
                  • Person: means any individual or governmental entity, corporation, association, organization, nonprofit institution, or other entity or such entities' representatives. See Tennessee Code 68-6-102
                  • Person: means any individual, firm, partnership, association, corporation, municipality, political subdivision, or any other entity whether organized for profit or not. See Tennessee Code 68-29-103
                  • Person: means an individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate or other entity whatsoever. See Tennessee Code 68-105-102
                  • Person: means any and all persons, including any:

                    • (A) Individual, firm, or association. See Tennessee Code 68-110-101

                    • Person: includes any individual, natural human being, partnership, corporation, firm, company, association, society, or group. See Tennessee Code 68-112-102
                    • Person: means any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state. See Tennessee Code 68-213-102
                    • Person: means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body. See Tennessee Code 68-216-102
                    • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
                    • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
                    • Physician: means any doctor of medicine or doctor of osteopathy duly licensed to practice the doctor's profession in Tennessee. See Tennessee Code 68-29-103
                    • Physician: means any doctor of medicine or doctor of osteopathy duly licensed to practice such physician's profession in Tennessee or the state in which such physician resides and lawfully practices such physician's profession. See Tennessee Code 68-34-102
                    • 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.
                    • Pollutant: means sewage, industrial wastes, or other wastes. See Tennessee Code 69-3-103
                    • Pollution: means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of the waters of this state, including, but not limited to, changes in temperature, taste, color, turbidity, or odor of the waters that will:

                      • (A) Result or will likely result in harm, potential harm or detriment to the public health, safety, or welfare. See Tennessee Code 69-3-103

                      • 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.
                      • Pretreatment agency: means the owner of a publicly owned treatment works permitted pursuant to this part that is required by its permit to adopt and enforce an approved pretreatment program that complies with this part and 33 U. See Tennessee Code 69-3-103
                      • Pretreatment program: means the rules, regulations, and/or ordinances of a pretreatment agency regulating the discharge and treatment of industrial waste that complies with this part and 33 U. See Tennessee Code 69-3-103
                      • Probable cause: A reasonable ground for belief that the offender violated a specific law.
                      • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
                      • Professional bondsman: means any person, firm, partnership or corporation, engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, in criminal proceedings, or for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment or death, before any of the courts of this state, including municipal courts or securing the payment of fines, judgments or damages imposed and of costs assessed by those courts upon preliminary or final disposition thereof. See Tennessee Code 40-11-301
                      • program: means a program that includes all of the following:

                        • (A) The purchase by an eligible individual or by an employer of a high deductible health plan. See Tennessee Code 67-10-102

                        • 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.
                        • Public health officer: means the director of a city, county, or district health department having jurisdiction over the community health in a specific area, or the officer's authorized representative. See Tennessee Code 68-110-101
                        • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
                        • Qualified inspector: means any person who is:

                          • (A) Found by the commissioner to possess the requisite training and experience in respect to amusement devices to perform competently the inspections required by this chapter. See Tennessee Code 68-121-101

                          • Qualified local program: means a municipal separate storm sewer system that has been approved as such by the department pursuant to this part. See Tennessee Code 69-3-103
                          • Quarantine: means a state of strictly enforced isolation from other animals or the public imposed to prevent the spread of disease. See Tennessee Code 68-8-102
                          • Quorum: The number of legislators that must be present to do business.
                          • 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
                          • 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
                          • Records management: includes records retention schedule development, essential records protection, files management and information retrieval systems, microfilm information systems, correspondence and word processing management, records center, forms management, analysis, and design, and reports and publications management. See Tennessee Code 10-7-301
                          • Records officer: means an individual designated by an agency head to assume responsibility for implementation of the agency's records management program. See Tennessee Code 10-7-301
                          • Regional administrator: means the regional administrator of the United States environmental protection agency whose region includes Tennessee, or any person succeeding to the duties of this official. See Tennessee Code 69-3-103
                          • Related electrical equipment: means any electrical apparatus or wiring used in connection with amusement devices. See Tennessee Code 68-121-101
                          • Release: means any spilling, pouring, overfilling, leaking, leaching, emitting, discharging, or escaping of drycleaning solvents from a drycleaning facility or an in-state wholesale distribution facility or its associated piping which impacts groundwater, surface water, surface or subsurface soils. See Tennessee Code 68-217-102
                          • 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.
                          • removal: means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches. See Tennessee Code 68-216-102
                          • Removal costs: means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident. See Tennessee Code 68-216-102
                          • 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
                          • Responsible party: means a responsible party as defined under § 1001 of the Oil Pollution Act of 1990, codified in 33 U. See Tennessee Code 68-216-102
                          • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
                          • 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
                          • Roadway: means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Tennessee Code 68-106-101
                          • Safety rules: means the rules and regulations governing rider conduct on an amusement device pursuant to §. See Tennessee Code 68-121-101
                          • Scaled distance: means the actual distance in feet divided by the square root of the maximum charge weight per delay period, in pounds. See Tennessee Code 68-105-102
                          • Schedules of compliance: means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, condition of a permit, other limitation, prohibition, standard, or regulation. See Tennessee Code 69-3-103
                          • School youth athletic activity: means a school or a local education agency organized athletic activity when the majority of the participants are under eighteen (18) years of age, and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity. See Tennessee Code 68-6-102
                          • Serious incident: means any single incident where any person or persons are immediately transported to a licensed off-site medical care facility for treatment of an injury as a result of being on, or the operation of, the amusement device. See Tennessee Code 68-121-101
                          • Serious physical injury: means a patron's personal injury immediately reported to the owner or operator as occurring on an amusement device and that results in death, dismemberment, significant disfigurement or other significant injury that requires immediate in-patient admission and twenty-four-hour hospitalization under the care of a licensed physician for other than medical observation. See Tennessee Code 68-121-101
                          • 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.
                          • Sewage: means water-carried waste or discharges from human beings or animals, from residences, public or private buildings, or industrial establishments, or boats, together with such other wastes and ground, surface, storm, or other water as may be present. See Tennessee Code 69-3-103
                          • Sewerage system: means the conduits, sewers, and all devices and appurtenances by means of which sewage and other waste is collected, pumped, treated, or disposed. See Tennessee Code 69-3-103
                          • Shelter: means animal or humane shelter, dog pound or animal pound. See Tennessee Code 68-8-102
                          • 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
                          • Silvicultural activities: means those forest management activities associated with the harvesting of timber and including, without limitation, the construction of roads and trails. See Tennessee Code 69-3-103
                          • Ski area: means all the ski slopes and ski trails and passenger tramways administered or operated as a single enterprise within this state. See Tennessee Code 68-114-102
                          • Ski area operator: means a person or organization having operational responsibility for any ski area, including an agency of this state or a political subdivision of this state. See Tennessee Code 68-114-102
                          • Skier: means any person present in a ski area for the purpose of engaging in the sport of skiing, Nordic, freestyle or other types of ski jumping and who is using skis, a sled, a tube or a snowboard. See Tennessee Code 68-114-102
                          • Solid waste: means garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations, and all garbage, refuse or other discarded solid materials from individual homes, apartments, multiple dwellings, trailers or other living quarters, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants. See Tennessee Code 68-213-102
                          • solvent: means any and all non-aqueous solvents or products used, or intended for use, in the cleaning of garments and other fabrics at a drycleaning facility and includes, but is not limited to, dense non-aqueous solvents such as chlorinated solvents like perchloroethylene (perc), also known as tetrachloroethylene, and light non-aqueous solvents such as petroleum-based solvents like Stoddard Solvent, and the products into which all such solvents or products degrade. See Tennessee Code 68-217-102
                          • Source: means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of pollutants. See Tennessee Code 69-3-103
                          • Special analyst: means any person performing a singular or limited type of medical laboratory test or group of tests, such as, but not limited to, blood gases or pH tests, on human specimens, but who is not trained to perform the broad range of tests required of licensed medical laboratory personnel. See Tennessee Code 68-29-103
                          • Standard of performance: means a standard for the control of the discharge of pollutants that reflects the greatest degree of effluent reduction that the commissioner determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants. See Tennessee Code 69-3-103
                          • 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
                          • Statute: A law passed by a legislature.
                          • Stop work order: means an order issued by the commissioner of environment and conservation requiring the operator to immediately cease part or all silvicultural activities. See Tennessee Code 69-3-103
                          • Stream: means a surface water that is not a wet weather conveyance. See Tennessee Code 69-3-103
                          • stream mapping: means the collection and analysis of water samples along streams that normally exhibit water flow at least six (6) consecutive months per year within a given area. See Tennessee Code 69-3-202
                          • Subpoena: A command to a witness to appear and give testimony.
                          • Summons: Another word for subpoena used by the criminal justice system.
                          • Tanning device: means any equipment that emits radiation used for tanning of the skin, such as a sun lamp, tanning booth, or tanning bed, and includes any accompanying equipment, such as protective eyewear, timers and handrails. See Tennessee Code 68-117-102
                          • Tanning facility: means any place where a tanning device is used for a fee, membership dues, or any other compensation. See Tennessee Code 68-117-102
                          • Tenant: means one who occupies as a residence the premises of another in subordination to that other person's title and with such other person's assent, express or implied, and whose rental payments do not exceed two hundred dollars ($200) per week or the monetary equivalent, for any period of payment other than weekly. See Tennessee Code 68-111-101
                          • Test: means a test approved by the department to determine possible infection with STDs. See Tennessee Code 68-10-101
                          • Testify: Answer questions in court.
                          • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                          • Third party complainant: means a health care provider or public employee who, in the regular performance of the health care provider's or public employee's duties, has been inside a premises occupied by a tenant. See Tennessee Code 68-111-101
                          • 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.
                          • Trauma center: means any Level I, Level II, Level III or Level IV institution licensed by the department pursuant to chapter 11, part 2 of this title. See Tennessee Code 68-59-102
                          • Trauma patient: means a patient who is on the state trauma registry or the National Trauma Registry of the American College of Surgeons. See Tennessee Code 68-59-102
                          • Trauma service codes: means a subset of the ICD-10-CM diagnosis codes, or the most relevant versions of the International Classification of Diseases and Related Health Problems (ICD) required by the centers for medicare and medicaid services, for coding hospital discharges designated as trauma service codes by the American College of Surgeons committee on trauma. See Tennessee Code 68-59-102
                          • Trauma system: means :

                            • (A) All designated Level I, II, III, IV trauma centers. See Tennessee Code 68-59-102

                            • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                            • Trustee: A person or institution holding and administering property in trust.
                            • Uncompensated care: means either:

                              • (A) Care provided by a facility defined as part of the trauma system to a trauma patient who:

                                • (i) Has no medical insurance, including Medicare Part B coverage. See Tennessee Code 68-59-102

                                • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                                • Vaccination: means the injection of a rabies vaccine for animals, which meets the standards prescribed by both the United States Department of Agriculture (USDA) license granted to the vaccine for interstate sale and by the department. See Tennessee Code 68-8-102
                                • Variance: means an authorization issued to a person by the commissioner that would allow that person to cause a water quality standard to be exceeded for a limited time period without changing the standard. See Tennessee Code 69-3-103
                                • Venue: The geographical location in which a case is tried.
                                • Veterinarian: means any individual licensed by the state board of veterinary medical examiners to practice veterinary medicine in this state. See Tennessee Code 68-8-102
                                • Waived: means those laboratory tests, as defined by the board, that may be performed by individuals not licensed under this chapter, and that pose no reasonable risk of harm if performed incorrectly. See Tennessee Code 68-29-103
                                • Waters: means any and all water, public or private, on or beneath the surface of the ground, that are contained within, flow through, or border upon Tennessee or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface or underground waters. See Tennessee Code 69-3-103
                                • Weight: means the maximum weight of explosive, in pounds. See Tennessee Code 68-105-102
                                • Wet weather conveyance: means , notwithstanding any other law or rule to the contrary, man-made or natural watercourses, including natural watercourses that have been modified by channelization:

                                  • (A) That flow only in direct response to precipitation runoff in their immediate locality. See Tennessee Code 69-3-103

                                  • Wholesale distributor: means a person or company whose primary business is selling drycleaning solvents and supplies to in-state or out-of-state drycleaning facilities. See Tennessee Code 68-217-102
                                  • Working papers: means those records created to serve as input for final reporting documents, including electronic data processed records, and/or computer output microfilm, and those records which become obsolete immediately after agency use or publication. See Tennessee Code 10-7-301
                                  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
                                  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
                                  • 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
                                  • youth athletic activity: means an athletic activity organized by a city, county, business, or nonprofit organization when the majority of the participants are under eighteen (18) years of age, and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity. See Tennessee Code 68-6-102