Terms Used In Tennessee Code > Title 62 > Chapter 43 - Tennessee Professional Employer Organization Act

• 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
• Applicant: means a person seeking an initial or renewal registration pursuant to this chapter. See Tennessee Code 62-43-102
• 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
• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Department: means the department of commerce and insurance. See Tennessee Code 62-43-102
• Docket: A log containing brief entries of court proceedings.
• 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.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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.
• 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.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local governmental entity: means a governing body, board, commission, committee or department of a municipality or county. See Tennessee Code 62-43-102
• 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.
• 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
• 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: 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.
• 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
• 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
• Report: means a written report by an advisory review board as provided in §. See Tennessee Code 37-2-402
• 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
• 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
• Statute: A law passed by a legislature.
• Temporary help services: means services consisting of a person:
  (A) Recruiting and hiring its own employees. See Tennessee Code 62-43-102
• 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