Part 1 General Provisions 4-21-101 – 4-21-102
Part 2 Human Rights Commission 4-21-201 – 4-21-203
Part 3 Violations—procedures 4-21-301 – 4-21-314
Part 4 Employment-Related Discrimination 4-21-401 – 4-21-408
Part 5 Discrimination in Public Accommodations 4-21-501 – 4-21-503
Part 6 Discrimination in Housing and Financing 4-21-601 – 4-21-607
Part 7 Malicious Harassment 4-21-701 – 4-21-702
Part 8 Civil Rights Act of 1990 4-21-801 – 4-21-806
Part 9 Title Vi Implementation Plans 4-21-901 – 4-21-905
Part 10 Tennessee Anti-Slapp Act of 1997 4-21-1001 – 4-21-1004

Terms Used In Tennessee Code > Title 4 > Chapter 21

  • Abuse: means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. See Tennessee Code 68-11-1002
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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.
  • 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

    • Allegation: something that someone says happened.
    • 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.
    • Amortization: Paying off a loan by regular installments.
    • 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 county: means any county that applies to participate in the program. See Tennessee Code 41-8-103
    • Appraisal: A determination of property value.
    • Appropriate county or municipality: means the legislative body of the county or municipality that, by resolution or ordinance, respectively, created the emergency communications district. See Tennessee Code 7-86-103
    • 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.
    • Assessed value: means value as assessed for municipal property tax purposes. See Tennessee Code 7-84-603
    • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
    • 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
    • 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.
    • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
    • 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.
    • Bequest: Property gifted by will.
    • Board: means the board of control of the Tennessee corrections institute. See Tennessee Code 41-7-101
    • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
    • Board: means the board of parole. See Tennessee Code 41-10-101
    • Board: means the board of assessment commissioners. See Tennessee Code 7-84-103
    • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
    • Central procurement office: means the government agency established in §. See Tennessee Code 12-3-201
    • Certificate of need: means a permit granted by the health services and development agency to any person for the establishment or modification of a health care institution, facility, or covered health service, at a designated location. See Tennessee Code 68-11-1602
    • Certified: refers to whether any jail, workhouse or penal farm facility has been found to have met the minimum standards for local correctional facilities as provided for in §. See Tennessee Code 41-8-103
    • Chair: means the chair of the board of parole. See Tennessee Code 41-10-101
    • Chambers: A judge's office.
    • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
    • Chief procurement officer: means the person holding the position established in §. See Tennessee Code 12-3-201
    • 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.
    • CMRS: means commercial mobile radio service under §§ 3(27) and 332(d) of the Federal Telecommunications Act of 1996 (47 U. See Tennessee Code 7-86-103
    • 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
    • Commission: means the procurement commission. See Tennessee Code 12-2-402
    • Commission: means the Tennessee human rights commission. See Tennessee Code 4-21-102
    • Commissioner: means the commissioner of correction or the commissioner's designee. See Tennessee Code 41-8-103
    • Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
    • Commissioner: means the commissioner of correction. See Tennessee Code 41-10-101
    • Commissioner: means the commissioner of environment and conservation. See Tennessee Code 11-24-201
    • Commissioner: means the commissioner of general services. See Tennessee Code 12-2-402
    • Commissioner: means the commissioner of health. See Tennessee Code 68-11-1302
    • Commissioner: means a member of the commission. See Tennessee Code 4-21-102
    • Committee: means the state protest committee as established in §. See Tennessee Code 12-3-201
    • 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.
    • Communications service: means a service that:

      • (A) Is capable of contacting and has been enabled to contact a public safety answering point (PSAP) via a 911 network by entering or dialing the digits 911. See Tennessee Code 7-86-103

      • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
      • Conflict of interest: means any matter before the agency in which the member or employee of the agency has a direct or indirect interest that is in conflict or gives the appearance of conflict with the discharge of the member's or employee's duties. See Tennessee Code 68-11-1602
      • Consumer: means a person who purchases retail communications service or prepaid communications services in a retail transaction. See Tennessee Code 7-86-103
      • Continuance: Putting off of a hearing ot trial until a later time.
      • Contract: means any duly authorized and legally binding written agreement for the procurement of goods and services. See Tennessee Code 12-3-201
      • Contract: A legal written agreement that becomes binding when signed.
      • Conviction: A judgement of guilt against a criminal defendant.
      • Cooperative agreement: means an agreement among two (2) or more hospitals for the consolidation by merger or other combination of assets, offering, provision, operation, planning, funding, pricing, contracting, utilization review or management of health services or for the sharing, allocation, or referral of patients, personnel, instructional programs, support services and facilities or medical, diagnostic or laboratory facilities or procedures or other services traditionally offered by hospitals. See Tennessee Code 68-11-1302
      • 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.
      • Correctional personnel: means all correctional officers, dormitory supervisor counselors, both adult and juvenile, and chaplains employed in municipal, county and metropolitan jurisdictions. See Tennessee Code 41-7-101
      • Costs: means cost of labor, materials, equipment necessary to complete an improvement, land, easements, and other necessary expenses connected with an improvement, including preliminary and other surveys, inspections of the work, engineers' fees and costs, attorneys' fees, fiscal agents' fees, preparation of plans and specifications, publication expenses, interest that may become due on bonds before collection of the first improvement assessments, a reasonable allowance for unforeseen contingencies, and other costs of financing. See Tennessee Code 7-33-301
      • Council: means the advisory council on state procurement established in §. See Tennessee Code 12-3-201
      • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
      • County official: means a county clerk, a clerk of a circuit court, a criminal court, or a probate court, a clerk and master of a chancery court, a clerk of a general sessions court where such general sessions court has an independent clerk who serves such court only, a register of deeds, a county trustee, a sheriff, a county road superintendent elected by a county legislative body, by a county road commission or commissioners, or by popular vote, and an assessor of property, any county commissioner elected by popular vote, serving in a county having a county commission form of government. See Tennessee Code 8-34-101
      • County or municipality: includes any county or incorporated city or town of this state. See Tennessee Code 68-11-602
      • Criminal disposition: means the disposition of criminal charges constituting an offense against a vulnerable person, as that term is defined by this section, either by conviction, or by pretrial diversion authorized by any court pursuant to title 40, chapter 15, or by an order deferring further proceedings and placing an individual on probation by post-trial diversion issued pursuant to title 40, chapter 35. See Tennessee Code 68-11-1002
      • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      • Data: means any recorded information, regardless of its form or characteristic. See Tennessee Code 12-3-201
      • Dealer: has the meaning set forth in §. See Tennessee Code 7-86-103
      • 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 correction. See Tennessee Code 41-10-101
      • Department: means the department of health. See Tennessee Code 68-11-1302
      • Department: means the department of health. See Tennessee Code 68-11-1401
      • Department: means the department of health. See Tennessee Code 68-11-1602
      • Dependent: A person dependent for support upon another.
      • 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.
      • detention: includes the duties of employees assigned to guard individuals incarcerated in any penal institution. See Tennessee Code 4-21-407
      • Devise: To gift property by will.
      • Direct dispatch method: means a 911 service in which a public service answering point, upon receipt of a telephone request for emergency services, provides for the dispatch of appropriate emergency service units and a decision as to the proper action to be taken. See Tennessee Code 7-86-103
      • Direct interest: means a pecuniary interest in the persons involved in a matter before the agency. See Tennessee Code 68-11-1602
      • Disability: means , with respect to a person:

        • (i) A physical or mental impairment that substantially limits one (1) or more of such person's major life activities. See Tennessee Code 4-21-102

        • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
        • Discriminatory practices: means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, creed, color, religion, sex, age or national origin. See Tennessee Code 4-21-102
        • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
        • District: means any emergency communications district created pursuant to this part. See Tennessee Code 7-86-103
        • District: means the central business district created by ordinance or resolution by a municipality, or a corridor of central business districts created by joint agreement of two (2) or more municipalities. See Tennessee Code 7-84-103
        • District management corporation: means the board or organization created or appointed pursuant to §. See Tennessee Code 7-84-603
        • Docket: A log containing brief entries of court proceedings.
        • Donee: The recipient of a gift.
        • Donor: The person who makes a gift.
        • Employer: means :

          • (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101

          • Employer: means the state, or any political or civil subdivision thereof, and persons employing eight (8) or more persons within the state, or any person acting as an agent of an employer, directly or indirectly. See Tennessee Code 4-21-102
          • Employment agency: means any person or agency, public or private, regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer. See Tennessee Code 4-21-102
          • 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.
          • 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
          • Equivalent competitive procedures: means procedures that include the following:

            • (A) Use of a notification procedure designed to reach prospective suppliers of goods or services likely to be interested, as well as able, to satisfy the requirement for such goods and services. See Tennessee Code 68-11-1202

            • Escrow: Money given to a third party to be held for payment until certain conditions are met.
            • Establishment ordinance: means the ordinance of the governing body adopted pursuant to §. See Tennessee Code 7-84-603
            • 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: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
            • Exploitation: means , in cases that are investigated by the department of human services, the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult. See Tennessee Code 68-11-1002
            • Facility: means any real property or equipment owned, leased, or used by a health care institution for any purpose, other than as an investment. See Tennessee Code 68-11-1602
            • 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.
            • Familial status: means one (1) or more individuals, who have not attained eighteen (18) years of age, being domiciled with:

              • (A) A parent or another person having legal custody of such individual or individuals. See Tennessee Code 4-21-102

              • Family: includes a single individual. See Tennessee Code 4-21-102
              • Federal communications commission order: means the Order of the Federal Communications Commission, FCC Docket 94-102, adopted on June 12, 1996, and released on July 26, 1996, and any subsequent amendments, and includes other federal communications commission rules and orders relating to CMRS providers, CMRS, and wireless enhanced 911 service. See Tennessee Code 7-86-103
              • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
              • Felony: A crime carrying a penalty of more than a year in prison.
              • Fiduciary: A trustee, executor, or administrator.
              • Financial institution: means a bank, banking organization, mortgage company, insurance company or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance or improvements of real property, or an individual employed by or acting on behalf of any of these. See Tennessee Code 4-21-102
              • Firefighter: means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position. See Tennessee Code 4-21-407
              • 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.
              • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
              • Fraud: Intentional deception resulting in injury to another.
              • 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
              • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
              • Goods: means all personal property, including, but not limited to, supplies, equipment, materials, printing, and insurance. See Tennessee Code 12-3-201
              • Governing board: means that group of persons designated as commissioners, directors, trustees or similar titles denoting responsibility for establishing policy and having ultimate authority for control of the management, operations and finances of a public body. See Tennessee Code 68-11-1202
              • Governing body: includes all bodies and boards, by whatsoever names they may be known, charged with the governing of a municipality. See Tennessee Code 12-2-301
              • Governing body: means the council, commission, board or other body exercising general legislative power in the municipality. See Tennessee Code 7-84-603
              • Governing body: includes the body or board by whatever name it may be known, charged with the governing of a municipality. See Tennessee Code 68-11-602
              • Governing body: means the board or body in which the general legislative powers of a municipality are vested. See Tennessee Code 7-33-301
              • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
              • Grant: means any grant awarded to the state or awarded by the state to any person to support a program authorized by law. See Tennessee Code 12-3-201
              • Grant: means those funds provided under this chapter by the state to the county for which the state does not require repayment by the county. See Tennessee Code 41-8-103
              • Grantor: The person who establishes a trust and places property into it.
              • Group purchasing program: means any plan, program or method that is intended to provide one (1) or more public bodies, or other governmental or nonprofit organizations, or other entities or persons, whether located in this state or elsewhere, with the opportunity to obtain goods or services at a discount or savings not otherwise available through the purchasing practices of a public body. See Tennessee Code 68-11-1202
              • 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.
              • Health care institution: means any agency, institution, facility, or place, whether publicly or privately owned or operated, that provides health services and that is one (1) of the following: nursing home. See Tennessee Code 68-11-1602
              • Health service: means clinically related services such as diagnostic, treatment or rehabilitative services, and includes those services specified as requiring a certificate of need under §. See Tennessee Code 68-11-1602
              • 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 care organization: means any entity licensed as such by the department that is staffed and organized to provide "home health services" or "hospice services" as defined by §. See Tennessee Code 68-11-1602
              • Hospital: means :

                • (A) Any institution required to be licensed as a hospital under §. See Tennessee Code 68-11-1302

                • Housing accommodation: includes improved and unimproved property and means a building, structure, lot or part thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one (1) or more individuals. See Tennessee Code 4-21-102
                • Improvement: means the construction, installation or substantial reconstruction of sanitary sewers. See Tennessee Code 7-33-301
                • 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.
                • Indirect interest: means a personal interest in the persons involved in a matter before the agency that is in conflict or gives the appearance of conflict with the discharge of the agency member's or employee's duties. See Tennessee Code 68-11-1602
                • Initiating petition: means the petition filed pursuant to §. See Tennessee Code 7-84-603
                • Initiating resolution: means the resolution adopted by the governing body pursuant to §. See Tennessee Code 7-84-603
                • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
                • inner-city redevelopment district: means the inner-city redevelopment district created by the establishment ordinance of the municipality. See Tennessee Code 7-84-603
                • Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
                • Institute: means the Tennessee corrections institute. See Tennessee Code 41-7-101
                • Institution: means an institution of the department. See Tennessee Code 41-10-101
                • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
                • Intervenor: means any hospital, physician, allied health professional, healthcare provider or other person furnishing goods or services to, or in competition with, hospitals, insurer, hospital service corporation, medical service corporation, hospital and medical services corporation, preferred provider organization, health maintenance organization, or any employer or association that directly or indirectly provides health care benefits to its employees or members. See Tennessee Code 68-11-1302
                • IP-enabled services: means services and applications making use of Internet protocol (IP) including, but not limited to, voice over IP and other services and applications provided through wireline, cable, wireless, and satellite facilities, and any other facility that may be provided in the future through platforms that may not be deployable at present, that are capable of connecting users dialing or entering the digits 911 to public safety answering points (PSAPs). See Tennessee Code 7-86-103
                • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
                • Joint resolution: A legislative measure which requires the approval of both chambers.
                • 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.
                • Labor organization: includes any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment or any agent acting for organizations. See Tennessee Code 4-21-102
                • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
                • Law enforcement officer: means an employee, the duties of whose position are primarily the investigation, apprehension or detention of individuals suspected or convicted of offenses against state criminal laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position. See Tennessee Code 4-21-407
                • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
                • 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 intent: means the form prescribed by the agency that shall require a brief project description, location, estimated project cost, owner of the project and description of services to be performed. See Tennessee Code 68-11-1602
                • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
                • Licensed beds: means the number of beds licensed by the agency having licensing jurisdiction over the facility. See Tennessee Code 68-11-1602
                • Lien: A claim against real or personal property in satisfaction of a debt.
                • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
                • 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
                • Loan: means those funds provided under this chapter by the state to the county for which the state does require repayment by the county. See Tennessee Code 41-8-103
                • Medical arts building: means any building or buildings, including the site of the building or buildings, providing space suitable for the use of physicians or dentists, or both, as office space, emergency treatment rooms, laboratories, examining rooms, therapy rooms or other uses in connection with the practice of medicine or dentistry and the provision of health care, but does not include hospital facilities or overnight or extended care facilities. See Tennessee Code 68-11-602
                • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
                • 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. See Tennessee Code 7-1-101
                • Minor: has the meaning set forth in §. See Tennessee Code 8-34-101
                • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
                • Misappropriation: means any taking, possession or use of the property of a vulnerable person the elements of which constitute any criminal offense involving such property, or that constitute a violation of a fiduciary duty of a caretaker of a vulnerable person. See Tennessee Code 68-11-1002
                • 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
                • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
                • Municipality: means any city, town, metropolitan government, or other political subdivision, including counties, of the state of Tennessee. See Tennessee Code 11-24-201
                • Municipality: includes any county, city or town of the state. See Tennessee Code 12-2-301
                • Municipality: means any incorporated city, town or metropolitan government of this state exercising general governmental functions in the state. See Tennessee Code 7-84-603
                • Municipality: means incorporated city or town. See Tennessee Code 7-33-301
                • National origin: includes the national origin of an ancestor. See Tennessee Code 4-21-102
                • Neglect: means the failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness. See Tennessee Code 68-11-1002
                • 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.
                • Non-wireline service: means any service provided by any person, corporation or entity, other than a service supplier as defined in this part, that connects a user dialing or entering the digits 911 to a PSAP, including, but not limited to, commercial mobile radio service and IP-enabled services. See Tennessee Code 7-86-103
                • Nonresidential substitution-based treatment center for opiate addiction: includes , but is not limited to, stand-alone clinics offering methadone, products containing buprenorphine such as Subutex and Suboxone, or products containing any other formulation designed to treat opiate addiction by preventing symptoms of withdrawal. See Tennessee Code 68-11-1602
                • Not-for-profit corporation: means a general welfare corporation organized under § 48-1101(15) [repealed] as it existed prior to July 1, 1969, or a corporation, not-for-profit, organized under title 48 for the acquisition, construction, equipment and furnishing of buildings, structures, facilities and permanent improvements of all descriptions for lease, subdivision or conveyance to counties, cities and towns of the state. See Tennessee Code 12-2-301
                • Oath: includes affirmation. See Tennessee Code 1-3-105
                • 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.
                • Offense against a vulnerable person: means any act that constitutes abuse, neglect, misappropriation or exploitation of the property of a vulnerable person even if the act does not constitute a criminal act, or any crime the elements of which constitute abuse, neglect, or misappropriation or exploitation of the property of a vulnerable person. See Tennessee Code 68-11-1002
                • Oversight: Committee review of the activities of a Federal agency or program.
                • Owner: means record owner in fee, or duly authorized representative. See Tennessee Code 7-84-603
                • Participating county: means any county having a certified or provisionally certified facility or any other county selected for participation in the program by the commissioner. See Tennessee Code 41-8-103
                • 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.
                • Patient: means and includes, but is not limited to, any person who has an acute or chronic physical or mental illness or injury. See Tennessee Code 68-11-1602
                • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
                • Person: means any individual, trust or estate, firm, partnership, association, stockholder, joint venture, corporation or other form of business organization, the state of Tennessee and its political subdivisions or parts of political subdivisions, and any combination of persons specified in this subdivision (15), public or private. See Tennessee Code 68-11-1602
                • Person: includes one (1) or more individuals, governments, governmental agencies, public authorities, labor organizations, corporations, legal representatives, partnerships, associations, trustees, trustees in bankruptcy, receivers, mutual companies, joint stock companies, trusts, unincorporated organizations or other organized groups of persons. See Tennessee Code 4-21-102
                • 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
                • Plaintiff: The person who files the complaint in a civil lawsuit.
                • Plan: means the method by which the county intends to utilize the assistance available under this chapter. See Tennessee Code 41-8-103
                • 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.
                • Political subdivision: means any authority, city, town, municipality, county or instrumentality of any authority, city, town, municipality or county within the state. See Tennessee Code 12-3-201
                • Prepaid communications service: means "prepaid wireless calling service" as set forth in §. See Tennessee Code 7-86-103
                • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
                • Private property: means real property, or improvements to real property, not owned by the federal government or a state agency. See Tennessee Code 12-1-202
                • Probable cause: A reasonable ground for belief that the offender violated a specific law.
                • Probate: Proving a will
                • Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
                • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
                • Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring of any goods or services. See Tennessee Code 12-3-201
                • Procurement commission: means the state procurement commission, as established in §. See Tennessee Code 12-3-201
                • program: means the method of providing financial assistance and incentive to counties for the purposes provided in this chapter, through increased subsidies, grants or loans. See Tennessee Code 41-8-103
                • Project: means and includes any building, structure, facility or permanent improvement, including the necessary equipment and furnishings therefor, which a municipality proceeding under this part is authorized to own, use or operate under any other provision of law. See Tennessee Code 12-2-301
                • Property: includes both personal and real property. See Tennessee Code 1-3-105
                • property: means every species of state property which is not either:

                  • (A) Real property, the disposal of which is subject to this title, governing the disposal of state real property. See Tennessee Code 12-2-402

                  • Property: means all interests of any type in real property, and any interests of any type in personal property whether in moneys or financial instruments of any type, goods, furnishings, and similar property. See Tennessee Code 68-11-1002
                  • property to be benefited: means , as determined by the governing body, land, excluding improvement, that is within a reasonable distance from a sanitary sewer and to which is made available a means of drainage for sewage, or that abuts on a street or other public way to be improved. See Tennessee Code 7-33-301
                  • Proprietary: means a good or service that is used, produced, or marketed under exclusive legal right of the inventor, maker or service provider that is protected under trade secret, patent, trademark, or copyright law. See Tennessee Code 12-3-201
                  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
                  • PSAP: means a facility that has been designated to receive 911 phone calls and route them to emergency services personnel pursuant to §. See Tennessee Code 7-86-103
                  • Public body: means :

                    • (A) Any hospital organized and operating under the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57, as it existed on or after May 1, 1990. See Tennessee Code 68-11-1202

                    • Public safety emergency services provider: means any municipality or county government that provides emergency services to the public. See Tennessee Code 7-86-103
                    • Quorum: The number of legislators that must be present to do business.
                    • Real estate operator: means any individual or combination of individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers or other legal or commercial entities, or the county or any of its agencies, that is engaged in the business of selling, purchasing, exchanging, renting or leasing real estate, or the improvements thereon, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental or lease of real estate. See Tennessee Code 4-21-102
                    • real estate salesperson: means an individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary, or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such activity. See Tennessee Code 4-21-102
                    • Real estate transaction: includes the sale, exchange, rental or lease of real property. See Tennessee Code 4-21-102
                    • 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
                    • Real property: includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in these. See Tennessee Code 4-21-102
                    • Recess: A temporary interruption of the legislative business.
                    • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
                    • Region: means a probation region of the department of correction. See Tennessee Code 41-10-101
                    • Rehabilitation facility: means an inpatient or residential facility that is operated for the primary purpose of assisting in the rehabilitation of physically disabled persons through an integrated program of medical and other services that is provided under professional supervision. See Tennessee Code 68-11-1602
                    • Relay method: means a 911 service in which a public safety answering point, upon receipt of a telephone request for emergency services, notes the pertinent information from the caller and relays such information to the appropriate public safety agency or other agencies or other providers of emergency service for dispatch of an emergency unit. See Tennessee Code 7-86-103
                    • 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.
                    • 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
                    • Respondent: includes a "bidder" or "proposer" that is a natural person or legal entity that has properly registered as required by the state. See Tennessee Code 12-3-201
                    • Response: means a written response to a solicitation for goods and services. See Tennessee Code 12-3-201
                    • Responsible: means a person who has the capacity in all respects to perform fully the contract requirements, as well as the integrity and reliability, which will assure good faith performance. See Tennessee Code 12-3-201
                    • Responsive: means a person who has submitted a response that conforms in all material respects to the competitive procurement. See Tennessee Code 12-3-201
                    • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
                    • Retail sale: has the meaning set forth in §. See Tennessee Code 7-86-103
                    • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
                    • Review cycle: means the timeframe set for the review and initial decision on applications for certificate of need applications that have been deemed complete. See Tennessee Code 68-11-1602
                    • 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
                    • Sales price: has the meaning set forth in §. See Tennessee Code 7-86-103
                    • Sanitary sewer: means an underground conduit for the passage of a sewer, and pumping stations, pressure lines, and outlets where deemed necessary. See Tennessee Code 7-33-301
                    • 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 §§ 3-401 and 3-406. See Tennessee Code 8-34-101
                    • Service of process: The service of writs or summonses to the appropriate party.
                    • Service supplier: means any person, corporation or entity providing exchange telephone service to any service user. See Tennessee Code 7-86-103
                    • Service user: means any person, corporation or entity that is provided 911 service. See Tennessee Code 7-86-103
                    • Services: means all services and agreements obligating the state, except services for highway and road improvements governed by title 54 and design and construction services governed by title 4, chapter 15. See Tennessee Code 12-3-201
                    • 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.
                    • Sex: means and refers only to the designation of an individual person as male or female as indicated on the individual's birth certificate. See Tennessee Code 4-21-102
                    • 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
                    • Solicitation: means any type of document that invites responses and may include, by way of example, an "invitation to bid" a "request for proposal" or a "competitive negotiation". See Tennessee Code 12-3-201
                    • Specification: includes , as appropriate, requirements for inspecting, testing, or preparing a supply, service, or construction item for delivery. See Tennessee Code 12-3-201
                    • 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: means the state of Tennessee. See Tennessee Code 8-34-101
                    • State agency: means any state governmental entity, other than the central procurement office and those state entities exempted by §. See Tennessee Code 12-3-201
                    • State governmental entity: means any agency, authority, board, commission, department, or office within the executive, legislative or judicial branches of state government or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education. See Tennessee Code 12-3-201
                    • State health plan: means the plan that is developed by the state health planning division pursuant to this part. See Tennessee Code 68-11-1602
                    • Statute: A law passed by a legislature.
                    • Subpoena: A command to a witness to appear and give testimony.
                    • Subpoena duces tecum: A command to a witness to produce documents.
                    • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
                    • Subsidy: means that amount of money paid by the state to a county in accordance with §. See Tennessee Code 41-8-103
                    • Summons: Another word for subpoena used by the criminal justice system.
                    • surplus property: means that personal property which has been determined to be obsolete, outmoded, or no longer usable by the state and declared as such, by the commissioner or head of the releasing department or agency, in accordance with this part. See Tennessee Code 12-2-402
                    • taking: means the taking of private property by government action such that compensation to the owner of that property is required by either:

                      • (A) The fifth or fourteenth amendment to the Constitution of the United States. See Tennessee Code 12-1-202

                      • TCRB: means the Tennessee community resource board. See Tennessee Code 41-10-101
                      • 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.
                      • Testify: Answer questions in court.
                      • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                      • 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 method: means a 911 service in which a public safety answering point, upon receipt of a telephone request for emergency services, directly transfers such request to an appropriate public safety agency or other provider of emergency services. See Tennessee Code 7-86-103
                      • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                      • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
                      • Trustee: A person or institution holding and administering property in trust.
                      • 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
                      • Uphold: The decision of an appellate court not to reverse a lower court decision.
                      • Vendor: means a natural person or legal entity that has been established by the department of finance and administration's division of accounts as a vendor through proper authority for which payment may be made by the state. See Tennessee Code 12-3-201
                      • Volunteer: means any person who, after fulfilling appropriate policy requirements, is assigned to a volunteer job and provides a service without pay from the department or board except for compensation for those expenses incurred directly as the result of volunteer services as defined in this chapter. See Tennessee Code 41-10-101
                      • Vulnerable person: means anyone who:

                        • (A) Is under eighteen (18) years of age. See Tennessee Code 68-11-1002

                        • Wireless telecommunications service: means commercial mobile radio service as defined by 47 CFR 20. See Tennessee Code 7-86-103
                        • 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