Terms Used In Tennessee Code > Title 5 > Chapter 16 - Urban Type Public Facilities

• Access: means that a provider is capable of providing cable service or video service at the household address regardless of whether any customer has ordered service or whether the owner or landlord or other responsible person has granted access to the household. See Tennessee Code 7-59-303
• Adjudication of delinquency: means that a juvenile court has found beyond a reasonable doubt that a child has committed a delinquent act, as defined in §. See Tennessee Code 37-5-103
• Adult: means , as defined in §. See Tennessee Code 37-5-103
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
• Agency: means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases. See Tennessee Code 4-5-102
• Agency: means a child care agency, as defined in title 71, chapter 3, part 5, or in chapter 5, part 5 of this title, regardless of whether such agency is licensed or approved, and includes the department of children's services. See Tennessee Code 37-2-402
• 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.
• 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 a person seeking an initial or renewal registration pursuant to this chapter. See Tennessee Code 62-43-102
• Appropriate sampling: means cases of a second or subsequent incident of severe child abuse selected by the commission from all profiled cases submitted by the department of children's services. See Tennessee Code 37-3-802
• 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.
• Audit: means an engagement performed in accordance with the Statements on Auditing Standards (SAS). See Tennessee Code 62-43-102
• Board: means an advisory review board appointed by a juvenile court judge, juvenile court judges, or the department of children's services as provided in this part. See Tennessee Code 37-2-402
• Cable service provider: means a provider of cable service. See Tennessee Code 7-59-303
• Cable system: has the meaning set forth in 47 U. See Tennessee Code 7-59-303
• Child: means :
  (i) A person under eighteen (18) years of age. See Tennessee Code 37-5-103
• Child sexual abuse: means , as defined in §. See Tennessee Code 37-5-103
• chiropractic physician: means a person who is a graduate of a chiropractic college accredited by the Council on Chiropractic Education or its successor, or is a graduate of an international chiropractic college approved by the board of chiropractic examiners, and who has received a license issued by the board of chiropractic examiners. See Tennessee Code 63-4-101
• Client: means any person who enters into a professional employer agreement with a professional employer organization. See Tennessee Code 62-43-102
• Co-employer: means either a professional employer organization or a client. See Tennessee Code 62-43-102
• Co-employment relationship: means a relationship which is intended to be an ongoing relationship rather than a temporary or project specific one, wherein the rights, duties, and obligations of an employer which arise out of an employment relationship have been shared and allocated between co-employers pursuant to a professional employer agreement and this chapter. See Tennessee Code 62-43-102
• 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 Tennessee second look commission. See Tennessee Code 37-3-802
• Commissioner: means the commissioner of children's services. See Tennessee Code 37-5-103
• 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.
• Contested case: means a proceeding, including a declaratory proceeding, in which the legal rights, duties or privileges of a party are required by any statute or constitutional provision to be determined by an agency after an opportunity for a hearing. See Tennessee Code 4-5-102
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Court: means the juvenile court having jurisdiction over the person of the child, or, if no juvenile court has jurisdiction over the child, then the juvenile court in the county in which the child resides. See Tennessee Code 37-2-402
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of foster care placement: means the original date on which the child is physically placed in foster care. See Tennessee Code 37-2-402
• Days: means calendar days. See Tennessee Code 7-59-303
• De-identified: means there is no reasonable basis to believe that the information can be used to identify an individual and there is compliance with the requirements for de-identification outlined in 45 C. See Tennessee Code 63-2-101
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Tennessee public utility commission. See Tennessee Code 7-59-303
• Department: means the department of commerce and insurance. See Tennessee Code 62-43-102
• Department: means the department of children's services. See Tennessee Code 37-5-103
• Department: means the department of children's services. See Tennessee Code 37-2-502
• Dependent: A person dependent for support upon another.
• Dependent and neglected: means , as defined in §. See Tennessee Code 37-5-103
• 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.
• Diagnosis: means :
  (i) The differential diagnosis of human ailments through examination and evaluation of patients and through diagnostic procedures necessary to clinically correlate a physical examination to a diagnostic impression. See Tennessee Code 63-4-101
• Differential diagnosis: means the examination of body systems and structures of a patient to determine the source, nature, and extent of a disease or other physical condition for the purpose of establishing an appropriate plan of care for the patient, which may include referral to another provider for care that is outside the scope of practice of a chiropractic physician. See Tennessee Code 63-4-101
• direct supervision: means the continuous presence of a supervising dentist within the physical confines of the dental office when licensed and registered dental hygienists or registered dental assistants perform lawfully assigned duties and functions. See Tennessee Code 63-5-115
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• 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}
• 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.
• Family support services: means community-based services to promote the safety and well-being of children and families designed to increase the strength and stability of families, including adoptive, foster, and extended families, to increase parents' confidence and competence in their parenting abilities, to afford children a safe, stable and supportive family environment, and otherwise to enhance child development. See Tennessee Code 37-3-602
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Franchise: has the meaning set forth in 47 U. See Tennessee Code 7-59-303
• Franchise area: means , with respect to a large telecommunications provider that is a holder of a state-issued certificate of franchise authority, the aggregate geographic area containing its basic local exchange wire-line telephone service areas within the state. See Tennessee Code 7-59-303
• Franchise authority: means "franchising authority" as set forth in 47 U. See Tennessee Code 7-59-303
• Fraud: Intentional deception resulting in injury to another.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Gross revenues: means :
  (A) With respect to a holder of a state-issued certificate of franchise authority, all revenues received from subscribers in the applicable municipality or unincorporated county area for providing cable or video services, and all revenues received from nonsubscribers in the applicable municipality or unincorporated county area for advertising services and as commissions from home shopping services, as allocated pursuant to subdivision (11)(B). See Tennessee Code 7-59-303
• 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.
• Guardian: means , for purposes of adoptions and terminations of parental rights, the meanings set forth in §. See Tennessee Code 37-5-103
• Health care provider: means any person required to be licensed under this title. See Tennessee Code 63-2-101
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• 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
• Household: means an apartment, a house, a mobile home, or any other structure or part of a structure intended for residential occupancy as separate living quarters. See Tennessee Code 7-59-303
• Imminent risk: means circumstances or behavior likely to produce, within a relatively short period of time, a reasonably strong probability that the child will be placed in state custody. See Tennessee Code 37-5-103
• Imminent risk of placement: means circumstances or behavior likely to produce, within a relatively short period of time, a reasonably strong probability that the child will be placed in state custody as a result of being adjudicated dependent and neglected, delinquent and unruly, or in need of mental health services under §. See Tennessee Code 37-3-602
• Incapacitated: means that a patient is in a physical or mental condition such that the patient is incapable of granting or denying informed consent. See Tennessee Code 63-2-101
• Incumbent cable service provider: means any cable service provider who provided cable service in a municipality or in an unincorporated area of a county on July 1, 2008, under a franchise whether or not the franchise had expired on July 1, 2008. See Tennessee Code 7-59-303
• 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}
• Industrial hygiene: means the science and art devoted to anticipation, recognition, evaluation and control of environmental factors or stressors arising in or from the workplace that may cause sickness, impaired health and well-being or significant discomfort and inefficiency among workers. See Tennessee Code 62-40-101
• Industrial hygienist: means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who, by virtue of special studies and training, has acquired competence in industrial hygiene. See Tennessee Code 62-40-101
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• internal management: means the administration of an agency's internal operations for the purpose of facilitating operational effectiveness and efficiency. See Tennessee Code 4-5-102
• Investigatory meetings: means commission meetings where information made confidential pursuant to state or federal law is examined by the commission or information is being discussed that is relevant to a pending criminal action. See Tennessee Code 37-3-802
• Judge: means a juvenile judge or the judge having jurisdiction over the person of the child. See Tennessee Code 37-2-402
• 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.
• Juvenile: means a person under eighteen (18) years of age. See Tennessee Code 37-5-103
• Large telecommunications provider: means a cable or video service provider using telecommunications facilities to provide cable or video service that, as of January 1, 2008, directly or through any subsidiary or affiliate, had more than one million (1,000,000) telecommunications access lines in this state. See Tennessee Code 7-59-303
• 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}
• Legal custodian: means a person or agency to whom legal custody of a child has been given by court order. See Tennessee Code 37-5-103
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: includes the whole or part of any agency, permit, certificate, approval, registration, charter or similar form of permission required by law. See Tennessee Code 4-5-102
• Licensing: includes the agency process respecting the grant, denial, renewal, revocation, suspension, withdrawal or amendment of a license. See Tennessee Code 4-5-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means any county, municipality, city or other political subdivision of this state, including any school districts or school systems created thereby. See Tennessee Code 4-3-5525
• Local governmental entity: means a governing body, board, commission, committee or department of a municipality or county. See Tennessee Code 62-43-102
• medical records: includes any list of patients that is compiled or maintained by or for such patient's health care provider. See Tennessee Code 63-2-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• 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.
• Other governing body: means only that body having the taxing authority. See Tennessee Code 5-16-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means the natural parent or legal guardian, except in cases when guardianship is held by an agency pursuant to a determination of abandonment or surrender of parental rights. See Tennessee Code 37-2-402
• 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.
• Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See Tennessee Code 4-5-102
• permanency plan: means a written plan for a child placed in foster care with the department of children's services or in the care of an agency as defined in subdivision (3) and as provided in §. See Tennessee Code 37-2-402
• Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, including another agency. See Tennessee Code 4-5-102
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Policy: means any statement, document, or guideline prepared or issued by any agency pursuant to its delegated authority that merely defines or explains the meaning of a statute or a rule. See Tennessee Code 4-5-102
• Practice of chiropractic: means the diagnosis and treatment of patients, as defined in subdivisions (a)(1)(B) and (D). See Tennessee Code 63-4-101
• 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.
• 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.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Professional employer agreement: means a written contract between a client and a professional employer organization that provides:
  (A) For the co-employment of covered employees. See Tennessee Code 62-43-102
• Professional employer organization group: means two (2) or more professional employer organizations that are majority owned or commonly controlled by the same entity, parent or controlling person. See Tennessee Code 62-43-102
• Professional employer services: means the service of entering into co-employment relationships under this chapter in which all or a majority of the employees providing services to a client, a division or work unit of a client are covered employees. See Tennessee Code 62-43-102
• Professional industrial hygienist: means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene, engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who has a minimum of three (3) years full-time industrial hygiene experience. See Tennessee Code 62-40-101
• Profiled cases: means cases of a second or subsequent incident of severe child abuse provided by the department of children's services to the commission. See Tennessee Code 37-3-802
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public right-of-way: means the area on, along, below, or above a public roadway, highway, street, sidewalk, alley, bridge or waterway that is not private property. See Tennessee Code 7-59-303
• Quorum: The number of legislators that must be present to do 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
• Registrant: means a professional employer organization registered under this chapter. See Tennessee Code 62-43-102
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Report: means a written report by an advisory review board as provided in §. See Tennessee Code 37-2-402
• Report of harm: means a report regarding child abuse filed under §. See Tennessee Code 37-5-103
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Rule: includes the establishment of a fee and the amendment or repeal of a prior rule. See Tennessee Code 4-5-102
• Runaway: means any person under eighteen (18) years of age who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent. See Tennessee Code 37-2-502
• Runaway house: means any house or institution giving sanctuary or housing to any person under eighteen (18) years of age, who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent. See Tennessee Code 37-2-502
• Sanctuary: means a house, institution or other organization providing housing or accommodations to runaways as set forth in this part. See Tennessee Code 37-2-502
• Second or subsequent incident of severe child abuse: means an indicated incident of severe child abuse to a victim who had a prior indicated incident of child abuse or severe child abuse, as determined by the department of children's services. See Tennessee Code 37-3-802
• 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.
• 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
• Small operations: means an applicant or registrant with less than fifty million dollars ($50,000,000) in annualized wages. See Tennessee Code 62-43-102
• 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 communications: refers to the transmission of voice, data, video, the written word or other visual signals by electronic means but does not include broadcast radio and television facilities. See Tennessee Code 4-3-5525
• 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.
• Temporary help services: means services consisting of a person:
  (A) Recruiting and hiring its own employees. See Tennessee Code 62-43-102
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Time-limited family reunification services: means the services and activities described below that are provided to a child that is removed from the child's home and placed in a foster family home or a child care institution and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion, but only during the fifteen-month period that begins on the date that the child, pursuant to §. See Tennessee Code 37-3-602
• token support: means that the support, under the circumstances of the individual case, is insignificant given the parent's means. See Tennessee Code 37-2-402
• token visitation: means that the visitation, under the circumstances of the individual case, constitutes nothing more than perfunctory visitation or visitation of such an infrequent nature or of such short duration as to merely establish minimal or insubstantial contact with the child. See Tennessee Code 37-2-402
• 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.
• Treatment: means :
  (i) The treatment of neuromuscular, musculoskeletal, and related conditions through the use of chiropractic adjustment and manipulation. See Tennessee Code 63-4-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Unruly: means , as defined in §. See Tennessee Code 37-5-103
• Urban type public facilities: means and includes sanitary and storm sewer lines and facilities, plants for the collection, treatment and disposal of sewage and waste matter, facilities and plants for the incineration or other disposal of garbage, trash, ashes and other waste matter, or water supply and distribution lines, facilities and plants, chemical pipelines and docks, or all of these things, and fire protection and emergency medical services. See Tennessee Code 5-16-101
• Video programming: means programming provided by, or generally considered comparable to programming provided by a television broadcast station, as set forth in 47 U. See Tennessee Code 7-59-303
• Video service provider: means a provider of video service. See Tennessee Code 7-59-303
• Working capital: means the excess of current assets over current liabilities as determined by generally accepted accounting principles. See Tennessee Code 62-43-102
• 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 development center: means a hardware secure facility that houses children who have been adjudicated delinquent and who meet the criteria as established by the department for placement at such facility. See Tennessee Code 37-5-103