§ 4-35-101 Short title
§ 4-35-102 Creation of audit committees
§ 4-35-103 Development of charter — Guidelines for and review of charter — Approval
§ 4-35-104 Standing committee — Members — Meetings
§ 4-35-105 Responsibilities of audit committee
§ 4-35-106 Powers and duties
§ 4-35-107 Establishment of confidential reporting of illegal, improper, wasteful or fraudulent activity
§ 4-35-108 Notice of meetings — Open meetings — Exceptions

Terms Used In Tennessee Code > Title 4 > Chapter 35

  • Aesthetic plan: means any publicly available written resolution, regulation, policy, site plan, or approved plat establishing generally applicable aesthetic requirements within the authority or designated area within the authority. See Tennessee Code 13-24-402
  • Agency: means the Tennessee housing development agency created by this part. See Tennessee Code 13-23-103
  • 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

    • Amortization: Paying off a loan by regular installments.
    • 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.
    • Applicant: means any person who submits an application pursuant to this part. See Tennessee Code 13-24-402
    • Application: means a request submitted by an applicant to an authority:

      • (A) For a permit to deploy or colocate small wireless facilities in the ROW. See Tennessee Code 13-24-402

      • 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
      • 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.
      • Authority: means :

        • (i) Within a municipal boundary, the municipality, regardless of whether such municipality is a metropolitan government. See Tennessee Code 13-24-402

        • Board: means the local enterprise zone management board appointed by a municipality. See Tennessee Code 13-28-203
        • Bovine activity: means any activity involving one (1) or more bovine, including, but not limited to:

          • (A) Grazing, herding, feeding, branding, milking or any other activity that involves the care or maintenance of bovine. See Tennessee Code 44-21-101

          • Bovine owner: means any person with ownership rights to bovine. See Tennessee Code 44-21-101
          • Commissioner: means the commissioner of agriculture. See Tennessee Code 44-19-103
          • 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.
          • Communications facility: means the set of equipment and network components, including wires and cables and associated facilities, used by a communications service provider to provide communications service. See Tennessee Code 13-24-402
          • Communications service: means cable service as defined in 47 U. See Tennessee Code 13-24-402
          • Communications service provider: means a cable operator as defined in 47 U. See Tennessee Code 13-24-402
          • Contract: A legal written agreement that becomes binding when signed.
          • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
          • Counterclaim: A claim that a defendant makes against a plaintiff.
          • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
          • Dairy farm: means any place or premises where one (1) or more cows are kept and from which a part or all of the milk or milk products is provided, sold or offered for sale to a milk plant, transfer station or receiving station. See Tennessee Code 44-18-101
          • dealer: means any person, including any distributor, processor, bulk handler, or operator of a store, who purchases or receives on consignment or otherwise, milk or milk products of every kind and description, within the state, for sale, shipment, storage, processing or manufacture. See Tennessee Code 44-19-103
          • 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 environment and conservation, and includes any officer, agency or designee of that department. See Tennessee Code 44-18-101
          • Department: means the department of agriculture. See Tennessee Code 44-19-103
          • Devise: To gift property by will.
          • Engages in an equine activity: means riding, training, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted or any person assisting a participant or show management. See Tennessee Code 44-20-102
          • Enterprise zone: means an area declared by the board to be eligible for the benefits of this part. See Tennessee Code 13-28-203
          • Equine: means a horse, pony, mule, donkey, or hinny. See Tennessee Code 44-20-102
          • Equine activity: means :

            • (A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting. See Tennessee Code 44-20-102

            • Equine activity sponsor: means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, that sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. See Tennessee Code 44-20-102
            • Equine professional: means a person engaged for compensation:

              • (A) In instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine. See Tennessee Code 44-20-102

              • 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
              • Escrow: Money given to a third party to be held for payment until certain conditions are met.
              • Established date of operation: means the date on which a feedlot, dairy farm or poultry production house commenced operating. See Tennessee Code 44-18-101
              • 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.
              • Executive session: A portion of the Senate's daily session in which it considers executive business.
              • Fee: means a one-time, nonrecurring charge. See Tennessee Code 13-24-402
              • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
              • Feedlot: means a lot, yard, corral or other area in which livestock are confined, primarily for the purposes of feeding, growing, raising, or birthing prior to slaughter. See Tennessee Code 44-18-101
              • 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.
              • Fraud: Intentional deception resulting in injury to another.
              • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
              • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
              • Historic district: means a property or area zoned as a historic district or zone pursuant to §. See Tennessee Code 13-24-402
              • Housing trust fund: means a fund consisting of appropriations, reserves or dedications of any revenues except pension or retirement funds by a participating unit or units of local government, together with private and foundation sources of funds, all used for providing low income persons with safe and affordable housing. See Tennessee Code 13-23-502
              • 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
              • Inherent risks of bovine activities: means dangers or conditions that are an integral part of bovine activities, including, but not limited to:

                • (A) The propensity of a bovine to behave in ways that may result in injury, loss, damage or death to persons on or around the bovine. See Tennessee Code 44-21-101

                • Inherent risks of equine activities: means those dangers or conditions that are an integral part of equine activities, including, but not limited to:

                  • (A) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them. See Tennessee Code 44-20-102

                  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
                  • insured mortgage loan: means a mortgage loan for residential housing insured or guaranteed by the United States or any instrumentality thereof, or for which there is a commitment by the United States or instrumentality thereof to insure or guarantee such a mortgage, or a mortgage loan which is secured by a policy of insurance or guarantee issued by any private mortgage insurer qualified to issue such insurance or guarantee in Tennessee and approved by the agency, or for which there is a commitment to insure or guarantee such loan made by any private mortgage insurer qualified to do business in Tennessee and approved by the agency, or a mortgage loan insured or guaranteed by any agency or instrumentality of the state authorized by law to issue such insurance, or for which there is a commitment to insure or guarantee such loan made by such agency or instrumentality of the state. See Tennessee Code 13-23-103
                  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
                  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
                  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
                  • Lien: A claim against real or personal property in satisfaction of a debt.
                  • 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 44-18-101
                  • Loan fund pool: means appropriations by the state and any appropriations, reserves or dedications of any funds by any county which desires to participate in the homebuyers' revolving loan fund pool. See Tennessee Code 13-23-302
                  • Local authority: means an authority that is either a municipality, regardless of whether the municipality is a metropolitan government, or a county, and does not include an authority that is the state. See Tennessee Code 13-24-402
                  • Local portion: means funds appropriated, reserved or dedicated by any county to fund its respective local portion of the loan fund pool. See Tennessee Code 13-23-302
                  • Low income: means qualified persons or families who lack the amount of income which is necessary, as determined by the approved entity, to enable them without low interest financial assistance, to live in decent, safe and affordable dwellings without overcrowding. See Tennessee Code 13-23-502
                  • Materially affects: means prohibits or regulates with respect to the location, or the emission of noise, effluent, odors, sewage, waste or similar products resulting from the operation or the location or use of buildings, machinery, vehicles, equipment or other real or personal property used in the operation of a livestock feedlot, dairy farm or poultry production house. See Tennessee Code 44-18-101
                  • Micro wireless facility: means a small wireless facility that:

                    • (A) Does not exceed twenty-four inches (24?) in length, fifteen inches (15?) in width, and twelve inches (12?) in height. See Tennessee Code 13-24-402

                    • Milk: means milk from cows and all of its natural components, sweet cream, sour cream, skim milk, flavored milk, buttermilk, condensed or concentrated, whole, low fat, or skim milk for use in milk products of every kind and description. See Tennessee Code 44-19-103
                    • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
                    • Mortgage: includes deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof. See Tennessee Code 13-23-103
                    • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
                    • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
                    • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
                    • Municipality: means an incorporated city which has adopted home rule or county which has adopted a metropolitan form of government in accordance with the Constitution of Tennessee, art. See Tennessee Code 13-28-203
                    • new PSS: means a PSS that does not exist at the time the application is submitted, including, but not limited to, a PSS that will replace an existing pole. See Tennessee Code 13-24-402
                    • notes: means the bonds and notes respectively authorized to be issued by the agency under this chapter. See Tennessee Code 13-23-103
                    • Nuisance: means and includes public or private nuisance as defined either by statute or by the common law. See Tennessee Code 44-18-101
                    • Nuisance action or proceeding: means and includes every action, claim or proceeding, whether brought at law, in equity or as an administrative proceeding, that is based on nuisance. See Tennessee Code 44-18-101
                    • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
                    • Obligations: means any bonds or notes authorized to be issued by the agency under this part. See Tennessee Code 13-23-103
                    • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
                    • Oversight: Committee review of the activities of a Federal agency or program.
                    • Participant: means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. See Tennessee Code 44-20-102
                    • 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.
                    • Person: means any individual, corporation, partnership, association, cooperative or other business entity. See Tennessee Code 44-19-103
                    • Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority. See Tennessee Code 13-24-402
                    • Person: means an individual, corporation or any other legal entity. See Tennessee Code 44-21-101
                    • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
                    • Persons and families of lower and moderate income: means persons and families irrespective of race, creed, national origin, age or sex deemed by the agency to require such assistance as is made available by this chapter on account of insufficient personal or family income based upon the income limits established by the board of directors. See Tennessee Code 13-23-103
                    • Poultry production house: means any place or premises where chickens are kept for the production of eggs or broilers for resale to processors, wholesalers or retailers. See Tennessee Code 44-18-101
                    • private club: means a club or organization that operates for the purpose of providing members of the club with the opportunity to engage in or view live specified sexual activities, as defined in §. See Tennessee Code 7-51-601
                    • Processor: means any person engaged in the business of processing milk and other materials into milk products of every kind and description. See Tennessee Code 44-19-103
                    • Producer: means every person in the state of Tennessee who produces milk or cream from cows and thereafter causes the same to be marketed as milk, cream or other milk and dairy products who has been issued and possesses a valid current producer's permit or certification, issued by the department. See Tennessee Code 44-19-103
                    • Property: includes both personal and real property. See Tennessee Code 1-3-105
                    • PSS: means a pole or other structure used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, including poles installed solely for the colocation of a small wireless facility. See Tennessee Code 13-24-402
                    • Purchaser: means any handler, dealer or processor who purchases or receives milk and milk products from producers on a commercial basis. See Tennessee Code 44-19-103
                    • Qualified business: means any person, corporation or other entity engaged in the active conduct of a trade or business within a designated enterprise zone, except that for chain stores or other businesses or industries with multiple locations, only those locations or operations within the zone shall be considered as qualified businesses. See Tennessee Code 13-28-203
                    • qualified lender: means any bank or trust company, federally approved mortgagee, insurance company, mortgage banking institution, federally insured savings and loan association or insured state building and loan association, which is located and authorized to do business in the state, and which is approved by the agency, or the federal national mortgage association. See Tennessee Code 13-23-103
                    • Qualifying matching share: means funds from any source, other than funds appropriated, reserved or dedicated by the state or any county to specifically fund the state or any local portion, which are used to fund the amount of any loan not funded by the loan fund pool. See Tennessee Code 13-23-302
                    • Rate: means a recurring charge. See Tennessee Code 13-24-402
                    • 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
                    • Referendum: means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter. See Tennessee Code 44-19-103
                    • Regulations: means a resolution by the county legislative body or an ordinance by the governing body of any municipality regulating or prohibiting the normal noises of animals or fowls, the noises in the operation of the equipment, the odors normally associated with any feedlot, dairy farm, or poultry production house, or the preclusion of any animals or fowls from within the city or from within a defined area of the county. See Tennessee Code 44-18-101
                    • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
                    • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
                    • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
                    • Residential dwelling: as used in this part , does not apply to factory-manufactured mobile homes constructed as a single self-contained unit and mounted on a single chassis, and as further defined in §. See Tennessee Code 13-24-201
                    • Residential housing: means a specific work or improvement within this state undertaken primarily to provide dwelling accommodations for persons and families of lower and moderate income, including the acquisition, construction or rehabilitation of land, buildings and improvements thereto and such other nonhousing facilities as may be incidental or appurtenant thereto. See Tennessee Code 13-23-103
                    • Residential neighborhood: means an area within a local authority's geographic boundary that is zoned or otherwise designated by the local authority for general purposes as an area primarily used for single-family residences and does not include multiple commercial properties and is subject to speed limits and traffic controls consistent with residential areas. See Tennessee Code 13-24-402
                    • ROW: means the space, in, upon, above, along, across, and over all public streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks under the control of the authority, and any unrestricted public utility easement established, dedicated, platted, improved, or devoted for utility purposes and accepted as such public utility easement by the authority, but excluding lands other than streets that are owned by the authority. See Tennessee Code 13-24-402
                    • Rule of the department: means a rule as defined in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that materially affects the operation of a feedlot, dairy farm, or poultry production house and that has been adopted by the department. See Tennessee Code 44-18-101
                    • Small wireless facility: includes a micro wireless facility. See Tennessee Code 13-24-402
                    • State: means the state of Tennessee. See Tennessee Code 13-23-103
                    • State portion: means funds appropriated by the state to fund the state portion of the loan fund pool. See Tennessee Code 13-23-302
                    • Statute: A law passed by a legislature.
                    • Tennessee dairy promotion committee: means a statewide committee appointed by the commissioner established pursuant to this chapter. See Tennessee Code 44-19-103
                    • 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.
                    • 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
                    • Unit or units of local government: means any city or county, separately or together, that sets up a program to establish a housing trust fund. See Tennessee Code 13-23-502
                    • Venue: The geographical location in which a case is tried.
                    • Vote: means to cast a ballot in a referendum. See Tennessee Code 44-19-103
                    • Wireless facility: includes small wireless facilities. See Tennessee Code 13-24-402
                    • Wireless provider: means a person who provides wireless service. See Tennessee Code 13-24-402
                    • Wireless services: means any service using licensed or unlicensed spectrum, including the use of WiFi, whether at a fixed location or mobile, provided to the public. See Tennessee Code 13-24-402
                    • Wireline backhaul facility: means a communications facility used to transport communications services by wire from a wireless facility to a network. See Tennessee Code 13-24-402
                    • Zoning requirement: means a regulation or ordinance that has been adopted by a city, county, township, school district, or any special-purpose district or authority, that materially affects the operation of a feedlot, dairy farm or poultry production house. See Tennessee Code 44-18-101