Terms Used In Vermont Statutes > Title 11B > Chapter 6 - Members and Membership
Accepted silvicultural practices: means the accepted silvicultural practices defined by the Commissioner of Forests, Parks and Recreation, including the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont adopted by the Commissioner of Forests, Parks and Recreation. See
Administrative record: means the application and any supporting data furnished by the applicant; all information submitted by the applicant during the course of reviewing the application; the draft permit or notice of intent to deny the application; the fact sheet and all documents cited in the fact sheet, if applicable; all comments received during the public comment period; the recording or transcript of any public meeting or meetings held; any written material submitted at a public meeting; the response to comments; the final permit; any document used as a basis for the final decision; and any other documents contained in the permit file. See
Administratively complete application: means an application for a permit for which all initially required documentation has been submitted, and any required permit fee, and the information submitted initially addresses all application requirements but has not yet been subjected to a complete technical review. See
Agency: means the Agency of Natural Resources. See
Agency: means the Agency of Natural Resources. See
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.
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.
articles: include amended and restated articles of incorporation and articles of merger. See
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Bequest: Property gifted by will.
Bona fide educational or scientific institution: means an institution that establishes through documentation that it is a tax-exempt institution under the Internal Revenue Service's educational or scientific tax exemption. See
bulletin: means the website and e-mail notification system required by 3 V. See
Bylaws: means the code or codes of rules (other than the articles) adopted pursuant to this title for the regulation or management of the affairs of the corporation, stored or depicted in any tangible or electronic medium, and irrespective of the name or names by which such rules are designated. See
Class: refers to a group of memberships which have the same rights with respect to voting, dissolution, redemption, and transfer. See
Clean Air Act: means the federal statutes on air pollution prevention and control, 42 U. See
Clean Water Act: means the Federal Water Pollution Control Act, 33 U. See
Commissioner: means the Commissioner of Fish and Wildlife. See
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Corporation: means public benefit and mutual benefit corporation. See
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.
Covered animal: means any species of:
Covered animal part or product: means any item that contains, or is wholly or partially made from, a covered animal, including the meat or flesh of a covered animal sold as food. See
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Delegates: means those persons elected or appointed to vote in a representative assembly for the election of a director or directors or on other matters. See
Department: means the Department of Environmental Conservation. See
Destroy or adversely impact: means , with respect to critical habitat, a direct or indirect activity that negatively affects the value of critical habitat for the survival, conservation, or recovery of a listed threatened or endangered species. See
Directors: means individuals, designated in the articles or bylaws or elected by the incorporators, and their successors and individuals elected or appointed by any other name or title to act as members of the board. See
Distribution: means the payment of a dividend or any part of the income or profit of a corporation to its members, directors, or officers. See
Document: means any written or recorded information, regardless of physical form or characteristics, that the Department produces or acquires in the course of reviewing an application for a permit. See
Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
Endangered species: means a species listed as endangered under this chapter or under the federal Endangered Species Act. See
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.
Fact sheet: means a document that briefly sets forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing a draft decision. See
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 Endangered Species Act: means the Endangered Species Act of 1973, Public Law 93-205, as amended. See
Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
Forestry operations: include the primary processing of forest products of commercial value on a parcel where the timber harvest occurs. See
General permit: means a permit that applies to a class or category of discharges, emissions, disposal, facilities, or activities within a common geographic area, including the entire State or a region of the State. See
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Habitat: means the physical and biological environment in which a particular species of plant or animal lives. See
Individual permit: means a permit that authorizes a specific discharge, emission, disposal, facility, or activity that contains terms and conditions that are specific to the discharge, emission, disposal, facility, or activity. See
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Member: means (without regard to what a person is called in the articles or bylaws) any person or persons who on more than one occasion, pursuant to a provision of a corporation's articles or bylaws, have the right to vote for the election of a director or directors. See
Membership: refers to the rights and obligations a member or members have pursuant to a corporation's articles, bylaws, and this title. See
Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
Mutual benefit corporation: means a domestic corporation which is required to be a mutual benefit corporation pursuant to section 17. See
Notice of intent under a general permit: means an authorization issued by the Secretary to undertake an action authorized by a general permit. See
Permit: includes any permit, certification, license, registration, determination, or similar form of permission required from the Department by law. See
Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
Person to whom notice is federally required: means a person to whom notice of an application or draft decision must be given under federal regulations adopted pursuant to the Clean Air Act or Clean Water Act. See
Plant: means any member of the plant kingdom, including seeds, roots, and other parts thereof. See
Possession: means holding, controlling, exporting, importing, processing, selling, offering to sell, delivering, carrying, transporting, or shipping by any means a member of a species. See
Proceeding: includes civil suit and criminal, administrative, and investigatory action. See
Public benefit corporation: means a domestic corporation which is required to be a public benefit corporation pursuant to section 17. See
Public meeting: means a meeting that is open to the public and recorded or transcribed, at which the Department shall provide basic information about the draft permit decision, an opportunity for questions to the applicant and the Department, and an opportunity for members of the public to submit oral and written comments. See
Secretary: means the Secretary of Natural Resources or designee. See
Secretary: means the Secretary of Natural Resources. See
Secretary: means the Secretary of Natural Resources. See
sell: means any act of selling, trading, or bartering for monetary or nonmonetary consideration and includes any transfer of ownership that occurs in the course of a commercial transaction. See
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.
Species: means wildlife or wild plants and any subspecies or other group of wildlife or wild plants of the same species, the members of which may interbreed when mature. See
State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
Statute: A law passed by a legislature.
Threatened species: means a species listed as a threatened species under this chapter or determined to be a "threatened species" under the federal Endangered Species Act. See
Village: shall mean an incorporated village. See
Voting power: means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. See
Wildlife: means any member of a nondomesticated species of the animal kingdom, whether reared in captivity or not, including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate and also including any part, product, egg, offspring, dead body, or part of the dead body of any such wildlife. See