Terms Used In Tennessee Code > Title 4 > Chapter 4 - Administration of State Departments

• Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted for such purpose by the board of trustees. See Tennessee Code 8-34-101
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrative action: means the taking of any recommendation, report or nonministerial action. See Tennessee Code 3-6-301
• Administrator: means the administrator of veterans affairs of the United States, or the administrator's successor. See Tennessee Code 34-5-102
• Adult: means an individual who has attained twenty-one (21) years of age. See Tennessee Code 35-7-102
• Adversary counsel: means a private lawyer hired by a respondent to represent the respondent's interest in any action under this chapter and chapters 2 and 3 of this title. See Tennessee Code 34-1-101
• Adversary counsel: means a private lawyer hired by a respondent to represent the respondent's interest in any action under this chapter and chapters 2 and 3 of this title. See Tennessee Code 34-1-101
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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
• Air contaminant: means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combinations thereof. See Tennessee Code 68-201-102
• Air contaminant source: means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. See Tennessee Code 68-201-102
• Air pollution: means presence in the outdoor atmosphere of one (1) or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property. See Tennessee Code 68-201-102
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means any union, league, chamber of commerce, committee, club, or other membership organization. See Tennessee Code 3-6-301
• Atomic energy: means all forms of energy released in the course of nuclear fission or nuclear transformation. See Tennessee Code 68-202-101
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney ad litem: means an attorney appointed by the court to act as counsel for the respondent. See Tennessee Code 34-1-101
• Attorney ad litem: means an attorney appointed by the court to act as counsel for the respondent. See Tennessee Code 34-1-101
• 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
• Attorney general: means the attorney general and reporter. See Tennessee Code 3-6-301
• Attorney general and reporter: means the attorney general and reporter of Tennessee or the attorney general and reporter's designee. See Tennessee Code 35-13-102
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Automotive fluid collection center: means a facility, including, without limitation, a fixed location, tank, truck, and container, that accepts used oil or any other automotive fluid from DIYers. See Tennessee Code 68-211-1002
• Automotive oil: means any oil classified for use in an internal combustion engine, crankcase, transmission, gear box or differential for an automobile, bus or truck, lawnmower, or household power equipment. See Tennessee Code 68-211-1002
• Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. See Tennessee Code 8-34-101
• Baled waste: means all waste that has been mechanically compacted to achieve high density per unit volume and strapped to retain its form as a bale. See Tennessee Code 68-211-103
• bank: means a system of accounting for voluntarily pooled and irrevocably donated accumulated personal sick leave which is collected for the purpose of providing sick leave to members of the program who have suffered a personal illness, surgery, disability or quarantine and whose sick leave is exhausted. See Tennessee Code 8-50-901
• Bank: includes any person or association of persons, whether incorporated or not, carrying on the business of banking. See Tennessee Code 35-2-102
• 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.
• Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefits: means all moneys paid or payable by the United States through the veterans administration. See Tennessee Code 34-5-102
• Bequest: Property gifted by will.
• board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
• Board: means the air pollution control board. See Tennessee Code 68-201-102
• Board: means , unless otherwise indicated, the underground storage tanks and solid waste disposal control board created in §. See Tennessee Code 68-211-103
• Board: means , unless otherwise indicated, the underground storage tanks and solid waste disposal control board established by §. See Tennessee Code 68-211-203
• Board: means a board, established to manage the affairs of a municipal solid waste management region, except in §. See Tennessee Code 68-211-802
• Board: means the underground storage tanks and solid waste disposal control board. See Tennessee Code 68-211-1101
• Board: means the underground storage tanks and solid waste disposal control board as established by §. See Tennessee Code 68-212-104
• Board: means the mayor and the aldermen. See Tennessee Code 6-1-101
• Broker: means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. See Tennessee Code 35-7-102
• By-product material: means any radioactive materials, except special nuclear materials, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear materials. See Tennessee Code 68-202-101
• Campaign contribution: means any contribution as defined by §. See Tennessee Code 3-6-301
• Candidate for public office: means any individual who has made a formal announcement of candidacy or who qualified under the law of this state to seek nomination for election or elections to any state public office, or has received contributions or made expenditures, except for incidental expenditures to determine if one shall be a candidate, or has given consent for a campaign committee to receive contributions or make expenditures, with a view to bringing about that person's nomination for election or the election to state public office, and any individual who has been nominated for appointment as an official in the legislative or executive branch. See Tennessee Code 3-6-301
• catastrophic illness: includes organ transplants. See Tennessee Code 35-11-101
• charitable: as used in this chapter , unless expressly indicated not to be charitable by the context in which they are used. See Tennessee Code 35-13-102
• Charitable gift: means any gift clearly intended for charitable purposes. See Tennessee Code 35-13-102
• Charitable purpose: means any purpose generally considered charitable at common law, or for any charitable purpose under any section of Tennessee Code Annotated, or for any purpose described in §. See Tennessee Code 35-13-102
• 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.
• Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. See Tennessee Code 35-16-102
• closest relatives: means the person or persons who are in the level of intestate heirs nearest to the respondent under the Tennessee laws of intestate succession. See Tennessee Code 34-1-101
• co-conservators: means a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by the orders of the court. See Tennessee Code 34-1-101
• 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
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• coguardian: means a person or persons appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor. See Tennessee Code 34-1-101
• Commercial facility: means any hazardous waste management facility that stores, treats or disposes of hazardous waste generated off-site. See Tennessee Code 68-212-104
• 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 environment and conservation or the commissioner's duly authorized representative or, in the event of such person's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-201-102
• Commissioner: means the commissioner of environment and conservation or the commissioner's designated representative. See Tennessee Code 68-202-202
• Commissioner: means the commissioner of environment and conservation or the commissioner's designated representative. See Tennessee Code 68-202-401
• Commissioner: means the commissioner of environment and conservation or the commissioner's authorized representative. See Tennessee Code 68-211-103
• Commissioner: means the commissioner of environment and conservation or the commissioner's authorized representative. See Tennessee Code 68-211-203
• Commissioner: means the commissioner of environment and conservation. See Tennessee Code 68-211-802
• Commissioner: means the commissioner of environment and conservation, or the commissioner's designee. See Tennessee Code 68-211-1101
• Commissioner: means the commissioner of environment and conservation, the commissioner's authorized representatives, or, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-212-104
• Committee amendment: An amendment recommended by a committee in reporting a bill or other measure.
• 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.
• Community property: means property owned by a community property trust during the marriage of the settlor spouses. See Tennessee Code 35-17-102
• Community property trust: means an express trust that complies with §. See Tennessee Code 35-17-102
• Compensation: means any salary, fee, payment, reimbursement or other valuable consideration, or any combination thereof, whether received or to be received. See Tennessee Code 3-6-301
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservatorship: is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators. See Tennessee Code 34-1-101
• Conservatorship: is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators. See Tennessee Code 34-1-101
• Construction: means the erection, building, acquisition, alteration, reconstruction, improvement, or extension of energy recovery and/or energy recovery facilities, the engineering, architectural designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of such facilities, and the inspection and supervision of the construction of such facilities. See Tennessee Code 68-211-501
• Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Convenience center: means any area which is staffed and fenced that has waste receptacles on site that are open to the public, when an attendant is present, to receive household waste, municipal solid waste and recyclable materials. See Tennessee Code 68-211-802
• Conviction: A judgement of guilt against a criminal defendant.
• Corporate surety: means a corporation admitted to do business in the state and licensed under title 56, chapter 2. See Tennessee Code 34-1-101
• Corporate surety: means a corporation admitted to do business in the state and licensed under title 56, chapter 2. See Tennessee Code 34-1-101
• 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 judge: means any person who is, or when such office existed was, a judge of a general sessions court, trial justice court, county chair, county judge, probate judge, or judge of a juvenile and/or domestic relations court, and whose compensation for such judicial service is paid wholly by a county of the state, or any person who is a county attorney who receives regular monthly or quarterly compensation from a county of the state, or any county manager or county administrator who receives regular monthly or quarterly compensation from a county of the state. See Tennessee Code 8-34-101
• 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
• Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
• Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
• Court: means the chancery, probate and juvenile courts and other courts having probate jurisdiction, which shall have concurrent jurisdiction under this chapter. See Tennessee Code 35-7-102
• Court: means the chancery court or other court exercising equity jurisdiction or a probate court of record. See Tennessee Code 35-13-102
• Covered compensation: means , with respect to any calendar year, the amount of a member's earnable compensation subject to contributions under the Federal Insurance Contributions Act (26 U. See Tennessee Code 8-34-101
• Covered generator: means any generator that:
  (A) Employs ten (10) or more employees. See Tennessee Code 68-211-203
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
• Creditor: means , with respect to a transferor, a person who has a claim. See Tennessee Code 35-16-102
• Custodial property: means :
  (A) Any interest in property transferred to a custodian under this chapter. See Tennessee Code 35-7-102
• Custodian: means a person so designated, including a person designated as a joint custodian pursuant to §. See Tennessee Code 35-7-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of establishment: means the date as of which the retirement system is established as provided in §. See Tennessee Code 8-34-101
• Debt: means liability on a claim. See Tennessee Code 35-16-102
• Decedent: A deceased person.
• Decree: means a judgment or other order of a court. See Tennessee Code 35-17-102
• 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. See Tennessee Code 68-201-102
• Department: refers to the department of environment and conservation. See Tennessee Code 68-202-202
• Department: means the department of environment and conservation. See Tennessee Code 68-202-401
• Department: means the department of environment and conservation. See Tennessee Code 68-212-401
• Department: means the department of environment and conservation. See Tennessee Code 68-211-103
• Department: means the department of environment and conservation. See Tennessee Code 68-211-203
• Department: means the department of environment and conservation. See Tennessee Code 68-211-802
• Department: means the department of environment and conservation. See Tennessee Code 68-211-1002
• Department: means the department of environment and conservation. See Tennessee Code 68-211-1101
• Department: means the department of environment and conservation. See Tennessee Code 68-212-104
• 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.
• Development district: means a development district organized pursuant to title 13, chapter 14. See Tennessee Code 68-211-802
• Devise: To gift property by will.
• disabled: means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve (12) months. See Tennessee Code 8-34-101
• Discarded mercury-added consumer product: means a mercury-added consumer product that can, or will, no longer be used for its intended purpose as determined by its generator. See Tennessee Code 68-211-203
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Discretionary charitable gift: means a charitable gift that has indefinite beneficiaries, objects, purposes or subjects. See Tennessee Code 35-13-102
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land, water or air so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Tennessee Code 68-212-104
• Disposed of: means originally placed in a solid waste container whose contents are destined for delivery to a solid waste landfill for disposal or to an incinerator, boiler, or industrial furnace for burning. See Tennessee Code 68-211-203
• Disposition: means a transfer, conveyance or assignment of property, including a change in the legal ownership of property occurring upon the substitution of one (1) trustee for another or the addition of one (1) or more new trustees. See Tennessee Code 35-16-102
• Dissolution: means either:
  (A) Termination of a marriage by a decree of dissolution, divorce, annulment or declaration of invalidity. See Tennessee Code 35-17-102
• Distributor: means any person who engages in the business in this state of refining, manufacturing, producing, or compounding of automotive oil, and selling or storing the same in this state. See Tennessee Code 68-211-1002
• Docket: A log containing brief entries of court proceedings.
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Donor: means the person making the lifetime or testamentary charitable gift. See Tennessee Code 35-13-102
• During marriage: means a period that begins at marriage and ends at dissolution or immediately after the death of a spouse. See Tennessee Code 35-17-102
• Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee organization: means any organization:
  (A) With membership open to all state employees. See Tennessee Code 8-50-901
• 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 any person or entity that employs, retains or otherwise arranges for a lobbyist to engage in lobbying on behalf of the person or entity for compensation. See Tennessee Code 3-6-301
• Energy recovery facility: means a facility for the recovery of energy or energy producing materials from the controlled processing of solid waste and the production of energy from such solid waste and other materials, including coal, for a heating and cooling system and/or for the production of electricity and process steam. See Tennessee Code 68-211-501
• 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}
• Estate: means income on hand and assets acquired partially or wholly with "income". See Tennessee Code 34-5-102
• 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.
• Executor: A male person named in a will to carry out the decedent
• Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
• Expenditure: means any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge, or subscription of money or anything of value, and any contract, agreement, promise, or other obligation, whether or not legally enforceable, to make an expenditure. See Tennessee Code 3-6-301
• Facility: means :
  (A) Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft. See Tennessee Code 68-212-401
• Facility: means all contiguous land, and structures, other appurtenances and improvements on the land, used for treating, storing, or disposing of hazardous waste. See Tennessee Code 68-212-104
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal 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}
• Fee: means the tire environmental fee created by this part. See Tennessee Code 68-211-302
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in §. See Tennessee Code 34-1-101
• Fiduciary: includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, personal representative, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate. See Tennessee Code 35-2-102
• Financial institution: means a bank as defined by §. See Tennessee Code 34-1-101
• Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See Tennessee Code 35-7-102
• Firefighter: means a person in the employ of a political subdivision participating under chapter 35, part 2 of this title who is a member of the fire department of such political subdivision, and is trained in firefighting and actively engaged in such work or subject to call for such services, providing such person's primary livelihood is derived from such work. See Tennessee Code 8-34-101
• 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.
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• former spouse: means only persons to whom the transferor was legally married at, or before, the time the qualified disposition is made. See Tennessee Code 35-16-102
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the tire environmental fund created by this part. See Tennessee Code 68-211-302
• Fund: means the used oil collection fund created by this part. See Tennessee Code 68-211-1002
• funding board: means the board created pursuant to §. See Tennessee Code 8-50-1202
• 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
• Gasification: means a process through which recoverable feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere and the mixture is converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel. See Tennessee Code 68-211-401
• Gasification facility: means a manufacturing facility that is engaged solely in the storage and gasification of recoverable feedstocks for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities. See Tennessee Code 68-211-401
• Generation: means the act or process of producing hazardous wastes. See Tennessee Code 68-212-104
• Generator: means the person who owns or otherwise controls the fate of a discarded mercury-added consumer product. See Tennessee Code 68-211-203
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gift: means any payment, honorarium, subscription, loan, advance, forbearance, rendering or deposit of money or services, unless consideration of equal or greater value is received. See Tennessee Code 3-6-301
• Gift instrument: means a will, deed, grant, conveyance, trust agreement, memorandum, writing or other governing document that creates the charitable gift. See Tennessee Code 35-13-102
• Governing body: means the body in which the general legislative powers of a municipal corporation are vested and, in the case of counties, means the legislative body of the respective counties. See Tennessee Code 68-211-902
• Governing instrument: means :
  (A) A will, deed, trust instrument or agency agreement. See Tennessee Code 35-14-102
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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 any fiduciary for the person or estate of a ward. See Tennessee Code 34-5-102
• Guardian: means a person appointed by or qualified in a court to act as a general, limited, or temporary guardian or conservator of a minor's property or person or a person legally authorized to perform substantially the same functions. See Tennessee Code 35-7-102
• Guardian ad litem: means a person meeting the qualifications set forth in §. See Tennessee Code 34-1-101
• Guardian ad litem: means a person meeting the qualifications set forth in §. See Tennessee Code 34-1-101
• 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.
• Hazardous substance: is a s defined in §. See Tennessee Code 68-212-202
• Hazardous substance site: means any site or area where hazardous substance disposal has occurred. See Tennessee Code 68-212-202
• Hazardous waste: means waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
  (A) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness. See Tennessee Code 68-212-104
• Hazardous waste management facility: means :
  (A) All contiguous land and structures, other appurtenances, and improvements on the land, used for treating, storing, transporting, or disposing of hazardous waste. See Tennessee Code 68-211-203
• 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 hazardous waste: means solid wastes discarded from homes or similar sources as listed in 40 C. See Tennessee Code 68-211-802
• Household waste: means any waste material, including garbage, trash and refuse, and yard waste derived from households. See Tennessee Code 68-211-802
• Immediate family: means a spouse or minor child living in the household. See Tennessee Code 3-6-301
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• In-service: means a member who has not retired, has not been refunded and is within one hundred fifty (150) days of such member's last paid day of employment. See Tennessee Code 8-34-101
• Income: means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired with those moneys. See Tennessee Code 34-5-102
• Indicia of ownership: means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including any legal or equitable title to real or personal property acquired incident to foreclosure and its equivalents. See Tennessee Code 68-212-401
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
• Inter vivos: Transfer of property from one living person to another living person.
• 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}
• Internal Revenue Code: means the Internal Revenue Code of 1986 (U. See Tennessee Code 35-13-102
• Intestate: Dying without leaving a will.
• Investigatory audit information: means data obtained pursuant to a finding of probable cause to believe that an employer or lobbyist has violated this part, including information pertaining to the source or amount of employer or lobbyist income, expenditures, receipts, assets, liabilities, net worth, or related financial or proprietary information that is received by, recorded by, prepared by, or collected by or on behalf of the ethics commission during the course of any audit, investigation or other examination undertaken for the purpose of ensuring compliance with, or imposing civil or criminal sanctions for violation of, this part. See Tennessee Code 3-6-301
• Investment advisor: means a person given authority by the terms of an investment services trust to direct, consent to or disapprove a transferor's actual or proposed investment decisions, distribution decisions or other decisions of the transferor. See Tennessee Code 35-16-102
• Investment services trust: means an instrument appointing a qualified trustee or qualified trustees for the property that is the subject of a disposition, which instrument:
  (A) Expressly incorporates the law of this state to govern the validity, construction and administration of the trust. See Tennessee Code 35-16-102
• 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.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landfill: means a facility, permitted pursuant to part 1 of this chapter, where solid wastes are disposed of by burial in excavated pits or trenches or by placement on land and covering with soil or other approved material. See Tennessee Code 68-211-802
• 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}
• Least restrictive alternatives: means techniques and processes that preserve as many decision-making rights as practical under the particular circumstances for the person with a disability. See Tennessee Code 34-1-101
• Legal representative: means an individual's personal representative, guardian or conservator. See Tennessee Code 35-7-102
• Legatee: A beneficiary of a decedent
• Legislative action: means introduction, sponsorship, debate, voting or any other nonministerial official action or nonaction on any bill, resolution, amendment, nomination, appointment, report or any other matter pending or proposed in a legislative committee or in either house of the general assembly. See Tennessee Code 3-6-301
• 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.
• Liable party: means :
  (A) The owner or operator of an inactive hazardous substance site. See Tennessee Code 68-212-202
• 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.
• lobby: includes communications by the contractor, subcontractor or other representative, and the contractor, subcontractor or other representative shall comply with the lobbying registration and other provisions of this part pertaining to lobbyists. See Tennessee Code 3-6-301
• Lobbying firm: means any firm, corporation, partnership or other business entity that regularly supplies lobbying services to others for compensation. See Tennessee Code 3-6-301
• Lobbyist: means any person who engages in lobbying for compensation. See Tennessee Code 3-6-301
• Local retirement fund: means any teachers' retirement fund or other arrangement for payment of retirement benefits to teachers, except this retirement system, supported wholly or in part by contributions made by an employer as defined by chapters 34-37 of this title. See Tennessee Code 8-34-101
• Manifest: means the form used for identifying the quantity, origin, routing, and destination of waste tires during transportation from the point of generation to the point of disposal, treatment, or storage. See Tennessee Code 68-211-1101
• Manifest: means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage. See Tennessee Code 68-212-104
• Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
• 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
• Membership service: means service rendered while a member of the retirement system. See Tennessee Code 8-34-101
• Mercury-added consumer product: includes , but is not limited to:
  (i) Thermostats. See Tennessee Code 68-211-203
• Military service: as used in this part , includes the enlistment or induction into the United States army or any branch thereof, the United States navy, the air force, the marine corps, the coast guard, the merchant marine, or any other military activity carried on in the aid of the war effort. See Tennessee Code 8-48-201
• Minor: means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated. See Tennessee Code 34-1-101
• Minor: means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated. See Tennessee Code 34-1-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Minor: means an individual who has not attained twenty-one (21) years of age, although the minor may already be of legal age. See Tennessee Code 35-7-102
• 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.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor vehicle: means any vehicle that is self-propelled and designed to be used on public highways. See Tennessee Code 68-211-302
• Municipal solid waste: means any garbage, refuse, industrial lunchroom or office waste, household waste, household hazardous waste, yard waste, and any other material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. See Tennessee Code 68-211-802
• municipality: means any county, incorporated town or city, metropolitan government, or special district of this state, empowered to provide solid waste disposal services, or any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more of such local governments. See Tennessee Code 68-211-501
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Oath: A promise to tell the truth.
• 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.
• Off-site: means any property that is not classified as on-site by subdivision (12). See Tennessee Code 68-212-104
• Officer: means the mayor, aldermen, city attorney and city judge. See Tennessee Code 6-1-101
• Official in the executive branch: means the governor, any member of the governor's staff, any member or employee of a state regulatory commission, including, without limitation, commissioners of the Tennessee public utility commission, or any member or employee of any executive department or agency or other state body in the executive branch. See Tennessee Code 3-6-301
• Official in the legislative branch: means any member, member-elect, any staff person or employee of the general assembly or any member of a commission established by and responsible to the general assembly or either house of the general assembly who takes legislative action. See Tennessee Code 3-6-301
• Olympic competition: means the official Olympic games, sanctioned by the United States Olympic Committee, in which the United States competes as a national body. See Tennessee Code 8-50-1101
• On-site: means on the site of generation. See Tennessee Code 68-212-104
• Operator: means the person who is in charge of the actual, on-site operation of a solid waste management facility during any period of operation. See Tennessee Code 68-211-802
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Other automotive fluid: means antifreeze, transmission fluid, or power steering fluid. See Tennessee Code 68-211-1002
• other contracting party: means any party to a sale contract or loan agreement except the authority. See Tennessee Code 68-211-902
• participant: means any state employee who has joined the bank by making the initial donation of the minimum number of days necessary and has donated subsequently assessed days. See Tennessee Code 8-50-901
• 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.
• Permit: means the whole or part of any written authorization of the commissioner pursuant to regulations to own or operate a facility for the treatment, storage, or disposal of or transportation of hazardous waste. See Tennessee Code 68-212-104
• Person: means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, an agency, authority, commission or department of the United States government or of the state of Tennessee government, or any other legal entity, or their legal representative, agent, or assigns. See Tennessee Code 68-201-102
• Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government. See Tennessee Code 68-202-202
• Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government. See Tennessee Code 68-202-401
• Person: means any individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. See Tennessee Code 3-6-301
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
• Person: means any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government. See Tennessee Code 68-211-103
• Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
• Person: means any and all persons, natural or artificial, including any individual, firm or association, or municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government. See Tennessee Code 68-211-203
• Person: means an individual, a partnership, a corporation or an association. See Tennessee Code 34-5-102
• Person: includes a corporation, partnership, or other association, or two (2) or more persons having a joint or common interest. See Tennessee Code 35-2-102
• Person: means an individual, corporation, organization, or other legal entity. See Tennessee Code 35-7-102
• Person: means "person" as defined in §. See Tennessee Code 68-211-802
• Person: means person as defined in §. See Tennessee Code 68-211-902
• Person: means an individual. See Tennessee Code 35-16-102
• Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, and governmental agency of this state and any department, agency, or instrumentality of the executive, legislative and judicial branches of the federal government. See Tennessee Code 68-212-104
• Person with a disability: means any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity. See Tennessee Code 34-1-101
• Person with a disability: means any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity. See Tennessee Code 34-1-101
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• Personal property: All property that is not real property.
• 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
• Personal representative: means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. See Tennessee Code 35-7-102
• Physician: means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state. See Tennessee Code 34-1-101
• Physician: means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state. See Tennessee Code 34-1-101
• 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.
• Political subdivision: means any Tennessee local governmental entity, including, but not limited to, any municipality, metropolitan government, county, utility district, school district, public building authority, and development district created and existing pursuant to the laws of Tennessee, or any instrumentality of government created by any one (1) or more of the named local governmental entities or by an act of the general assembly. See Tennessee Code 8-50-1202
• Political subdivision: means any municipality, city, incorporated town, county, district or authority, or any portion or combination of two (2) or more thereof. See Tennessee Code 68-201-102
• post-employment benefits: means nonpension benefits paid on behalf of former employees or the former employees' beneficiaries after separation from service. See Tennessee Code 8-50-1202
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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.
• Primarily to protect a security interest: means that the holder's indicia of ownership are held primarily for the purpose of securing payment or performance of an obligation, but does not include indicia of ownership held primarily for investment purposes, nor ownership indicia held primarily for purposes other than as a protection of a security interest. See Tennessee Code 68-212-401
• Principal: includes any person to whom a fiduciary as such owes an obligation. See Tennessee Code 35-2-102
• Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Production facility: means :
  (A) Any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public. See Tennessee Code 68-202-101
• Project: means any solid waste disposal facility or resource recovery facility, or any combination thereof. See Tennessee Code 68-211-902
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Property: includes real property, personal property, and interests in real or personal property. See Tennessee Code 35-16-102
• Property management plan: means the plan submitted by the fiduciary for the investment and management of the property of a minor or person with a disability. See Tennessee Code 34-1-101
• Property management plan: means the plan submitted by the fiduciary for the investment and management of the property of a minor or person with a disability. See Tennessee Code 34-1-101
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychologist: means a psychologist who is licensed to practice in this state. See Tennessee Code 34-1-101
• Psychologist: means a psychologist who is licensed to practice in this state. See Tennessee Code 34-1-101
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Public employee: means any person holding a position by appointment or employment in the service of a public employer. See Tennessee Code 8-50-1101
• Public employer: means :
  (A) The state of Tennessee. See Tennessee Code 8-50-1101
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public school: means any school conducted within the state under the authority and supervision of a duly elected or appointed city or county school board, and any educational institution supported by and under the control of the state. See Tennessee Code 8-34-101
• public vote: means a vote in which the "aye" faction vocally expresses its will in unison and in which the "nay" faction, subsequently, vocally expresses its will in unison. See Tennessee Code 8-44-104
• Pyrolysis: means a process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed, and then cooled, condensed, and converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel. See Tennessee Code 68-211-401
• Pyrolysis facility: means a manufacturing facility that is engaged solely in the storage and pyrolysis of post-use polymers for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities. See Tennessee Code 68-211-401
• Qualified affidavit: means a sworn affidavit signed by the transferor before a disposition of assets to an investment services trust that meets the requirements of §. See Tennessee Code 35-16-102
• Qualified disposition: means a disposition by or from a transferor with or without consideration, to an investment services trust. See Tennessee Code 35-16-102
• Qualified trustee: means a person who:
  (A) In the case of a natural person, is a resident of this state, or, in all other cases, is authorized by the law of this state to act as a trustee and whose activities are subject to supervision by the Tennessee department of financial institutions, the federal deposit insurance corporation, the comptroller of the currency, or the office of thrift supervision or any successor to them. See Tennessee Code 35-16-102
• Qualified trustee: means either:
  (A) A natural person who is a resident of this state. See Tennessee Code 35-17-102
• Quorum: The number of legislators that must be present to do business.
• Radiation: means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared, or ultraviolet light. See Tennessee Code 68-202-101
• Radiation: includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and X-rays. See Tennessee Code 68-202-202
• Radiation: includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and X-rays. See Tennessee Code 68-202-401
• Radiation machine: refers to apparatus which produces or may produce when the associated controls are operated, one (1) or more forms of radiation. See Tennessee Code 68-202-202
• Radioactive material: refers to any material, solid, liquid, or gas, which emits radiation spontaneously. See Tennessee Code 68-202-202
• Radioactive material: refers to any material, solid, liquid or gas, which emits radiation spontaneously. See Tennessee Code 68-202-401
• Random audit information: means information obtained pursuant to an examination of a lobbyist's employment contract, job description or other documentation in order to determine that no contingency fee arrangement prohibited under §. See Tennessee Code 3-6-301
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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
• Receiving agency: means any department or agency of the federal government or a state government which receives an employee of another government under this part. See Tennessee Code 8-50-402
• 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
• Recovered materials: means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not requiring subsequent separation processing. See Tennessee Code 68-211-802
• Recovered materials processing facility: means a facility engaged solely in the storage, processing and resale or reuse of recovered materials. See Tennessee Code 68-211-802
• Recyclable materials: means those materials which are capable of being reused or returned to use in the form of raw materials or products, whether or not such materials have been diverted or removed from the solid waste stream. See Tennessee Code 68-211-802
• Recycling: means the process by which recovered materials are transformed into new products, including the collection, separation, processing, and reuse of recovered materials either directly or as raw materials for the manufacture of new products. See Tennessee Code 68-211-802
• Region: means a municipal solid waste region organized pursuant to §. See Tennessee Code 68-211-802
• Registration: means a process by which a solid waste disposal or processing operation is granted a permit to operate. See Tennessee Code 68-211-103
• Regular interest: means interest at such rate or rates compounded annually as may be set from time to time by the board of trustees in accordance with §. See Tennessee Code 8-34-101
• Regulations: means the standards, policies, rules and regulations promulgated by the board to attain and maintain ambient air quality standards within the intent and purpose of this part. See Tennessee Code 68-201-102
• 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.
• 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
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resource recovery facility: means a facility for the systematic separation and recovery of recyclable materials from solid waste and a processing of solid waste, sewage sludge, and other solids for fuel mixtures or fuel supplements. See Tennessee Code 68-211-501
• Resource recovery facility: means land, rights in land, buildings, facilities and equipment suitable or necessary for the recovery or production of energy or energy producing materials in any form resulting from the controlled processing or disposal of solid waste or the systematic separation, extraction and recovery of recyclable materials from the solid waste stream, including facilities or systems for the storage, conversion or transportation thereof. See Tennessee Code 68-211-902
• Respondent: means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought. See Tennessee Code 34-1-101
• Respondent: means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought. See Tennessee Code 34-1-101
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
• Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
• Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
• 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
• Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation. See Tennessee Code 1-3-105
• Savings institution: includes a federal or state savings and loan association or savings bank. See Tennessee Code 35-2-102
• Sending agency: means any department or agency of the federal government or a state government which sends any employee thereof to another government agency under this part. See Tennessee Code 8-50-402
• 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 §. See Tennessee Code 8-34-101
• Service of process: The service of writs or summonses to the appropriate party.
• Service retirement date: means the date on which a member first becomes eligible for a service retirement allowance, or would first become eligible for a service retirement allowance if the member were to remain in service until such date, as provided in §. See Tennessee Code 8-34-101
• 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.
• Settlor spouses: means a married couple that establishes a community property trust. See Tennessee Code 35-17-102
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• Shredded: means shredded, chipped, chopped, quartered, sliced at least circumferentially, or otherwise processed and rendered not whole in a manner to effectively prevent a tire from floating, as determined by the board. See Tennessee Code 68-211-802
• Sick leave: means a designated amount of compensated leave accumulated pursuant to part 8 of this chapter that is granted to a member who through personal illness, injury, disability or quarantine, is unable to perform the duties of the member's state position. See Tennessee Code 8-50-901
• 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
• Solicit: means to entreat, to implore, to ask, to attempt, or to try to obtain. See Tennessee Code 3-6-301
• Solid waste: means garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. See Tennessee Code 68-211-103
• Solid waste: means :
  (i) Garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. See Tennessee Code 68-211-203
• Solid waste: means garbage, refuse, including, without limitations, recyclable materials when they become discarded, and other discarded solid waste materials, including waste materials of a solid nature resulting from industrial, commercial, and agricultural operations, and from community activities. See Tennessee Code 68-211-501
• Solid waste: means solid waste as defined in §. See Tennessee Code 68-211-902
• solid waste authority: means any public instrumentality organized pursuant to part 9 of this chapter. See Tennessee Code 68-211-802
• solid waste authority: means any public instrumentality organized pursuant to this part. See Tennessee Code 68-211-902
• Solid waste disposal: means the process of permanently or indefinitely placing, confining, compacting, or covering solid waste. See Tennessee Code 68-211-103
• Solid waste processing: means any process that modifies the characteristics or properties of solid waste, including, but not limited to, treatment, incineration, composting, separation, grinding, shredding, and volume reduction. See Tennessee Code 68-211-103
• Solid waste stream: means the system through which solid waste and recoverable materials move from the point of discard to recovery or disposal. See Tennessee Code 68-211-802
• Special nuclear material: means :
  (A) Plutonium and uranium enriched in the isotope 233 or in the isotope 235, and any other material which the governor declares by order to be special nuclear material after the United States atomic energy commission has determined the material to be such. See Tennessee Code 68-202-101
• Special nuclear material: means uranium enriched in the isotope U-235 in quantities not exceeding three hundred fifty (350) grams of contained U-235, U-233 in quantities not exceeding two hundred (200) grams, plutonium in quantities not exceeding two hundred (200) grams. See Tennessee Code 68-202-202
• Specific license: means a license issued by the department which allows the use, storage, handling, and possession of radioactive sources under specified conditions of the license. See Tennessee Code 68-202-401
• Specific licensee: means a holder of a specific license issued by the department. See Tennessee Code 68-202-401
• State: means the state of Tennessee. See Tennessee Code 8-34-101
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Tennessee Code 35-7-102
• 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: means the state of Tennessee. See Tennessee Code 68-212-104
• State annuity: means annual payments for life derived from contributions by an employer. See Tennessee Code 8-34-101
• State employee: means all employees in state service, legislative branch, and constitutional officers who accrue sick leave pursuant to part 8 of this chapter and all employees and teachers of all state special schools. See Tennessee Code 8-50-901
• Statute: A law passed by a legislature.
• Storage: means the containment of hazardous waste in such a manner as not to constitute disposal of such hazardous waste. See Tennessee Code 68-212-104
• Student: means any person enrolled in a course of study in a school or in a post-secondary educational institution who as a condition of such enrollment is employed in a full-time position. See Tennessee Code 8-34-101
• Subpoena: A command to a witness to appear and give testimony.
• Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
• Summons: Another word for subpoena used by the criminal justice system.
• Tax-exempt: means that the organization, trust or beneficiary referred to is one that is described in §. See Tennessee Code 35-13-102
• Team: means any group leader, coach, official or athlete who comprises the official delegation of the United States to world, Pan-American or Olympic competition. See Tennessee Code 8-50-1101
• Technical secretary: means the technical secretary of the air pollution control board. See Tennessee Code 68-201-102
• Testator: A male person who leaves a will at death.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tire: means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle. See Tennessee Code 68-211-302
• Tire: means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle. See Tennessee Code 68-211-802
• Tire: means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle. See Tennessee Code 68-211-1101
• 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: means a transaction that creates custodial property under this chapter. See Tennessee Code 35-7-102
• Transferor: means a person who makes a transfer under this chapter. See Tennessee Code 35-7-102
• Transferor: means a person who, directly or indirectly, makes a disposition or causes a disposition to be made in such person's capacity:
  (A) As an owner of property. See Tennessee Code 35-16-102
• Transporter: means any person engaged in the transportation of hazardous waste. See Tennessee Code 68-212-104
• Treatment: includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. See Tennessee Code 68-212-104
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust: means any fiduciary relationship created by a governing instrument. See Tennessee Code 35-14-102
• Trust company: means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. See Tennessee Code 35-7-102
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means any fiduciary as defined in §. See Tennessee Code 35-14-102
• trustees: means those persons appointed to govern the activities of the sick leave bank as provided by §. See Tennessee Code 8-50-901
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Universal waste: means any of the hazardous wastes listed in Tenn. See Tennessee Code 68-211-203
• Universal waste destination facility: means a facility that treats, disposes of, or recycles universal waste, except those management activities described in Tenn. See Tennessee Code 68-211-203
• Universal waste handler: means :
  (i) Any person, by site, whose act or process produces universal waste or whose act causes universal waste to become subject to regulation. See Tennessee Code 68-211-203
• Used oil: means any oil which has been refined from crude or synthetic, or recovered oil and, as a result of use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and may be economically recycled or may be burned as fuel. See Tennessee Code 68-211-802
• Used oil: means any oil which has been refined from crude or synthetic oil and, as a result of use, becomes unsuitable for its original purpose due to loss of original properties, or presence of impurities, but which may be suitable for further use and may be economically recyclable. See Tennessee Code 68-211-1002
• Used oil collection center: means an automotive fluid collection center that accepts from DIYers only used oil or used oil in addition to other automotive fluids and that constitutes an approved centralized collection center for used oil. See Tennessee Code 68-211-1002
• Utilization facility: means :
  (A) Any equipment or device, except an atomic weapon, capable of making use of special nuclear materials in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public. See Tennessee Code 68-202-101
• Venue: The geographical location in which a case is tried.
• Veterans administration: means the veterans administration, its predecessors or successors. See Tennessee Code 34-5-102
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Ward: means a beneficiary of the veterans administration. See Tennessee Code 34-5-102
• Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under §. See Tennessee Code 68-212-104
• Waste management: means the orderly control of storage, transportation, treatment, and disposal of hazardous waste. See Tennessee Code 68-212-104
• Waste tire: means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect. See Tennessee Code 68-211-802
• Waste tire hauler: means a person engaged in the commercial transporting of waste tires for the purpose of storage, processing, or disposal. See Tennessee Code 68-211-1101
• Waste tires: means tires that have been previously used in the regular operation of a motor vehicle and have not been processed for beneficial end use or shredded for disposal. See Tennessee Code 68-211-1101
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Yard waste: means vegetative matter resulting from landscaping, lawn maintenance and land clearing operations other than mining, agricultural and forestry operations. See Tennessee Code 68-211-802
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105