Chapter 1 State Financial Management and Control
Chapter 2 Property Valuations for Allocations
Chapter 3 State School Fund
Chapter 4 Attendance
Chapter 4.7 Community College Facility Deferred Maintenance and Special Repair Program
Chapter 4.8 Equipment Replacement Program
Chapter 5 Community College Apportionment
Chapter 8 Expenditures and Appropriations

Terms Used In California Codes > Education Code > Title 3 > Division 7 > Part 50 - FINANCE

  • Accredited: as used in this chapter , means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education. See California Business and Professions Code 4980.03
  • Accredited Program: means a program for the education of nurse anesthetists that has received approval from the board. See California Business and Professions Code 2826
  • Achievement level descriptors: means a narrative description of the knowledge, skills, and processes expected of pupils at different grade levels and at different performance levels on achievement tests. See California Education Code 60603
  • Achievement test: means any summative standardized test that measures the level of performance that a pupil has achieved on state-adopted content standards. See California Education Code 60603
  • Acquire: includes acquisition by gift, purchase, lease, eminent domain, or otherwise. See California Government Code 12271
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Admissions data: means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students. See California Education Code 67102
  • Advertise: as used in this chapter , includes, but is not limited to, any public communication, as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper or magazine or in any directory, or any printed matter whatsoever, with or without any limiting qualification. See California Business and Professions Code 4980.03
  • 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.
  • Agent: means a person who was an officer or director of a corporation, as defined in subdivision (e), at the time the fraudulent acts occurred, was named in a final criminal restitution order in connection with the fraudulent acts, and was acting in the person's capacity as the corporation's officer or director when committing the fraudulent acts. See California Corporations Code 2281
  • Aggrieved party: means a party entitled to pursue a remedy. See California Commercial Code 1201
  • agreement: means the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable laws. See California Commercial Code 1201
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant for licensure: as used in this chapter , means an unlicensed person who has completed the required education and required hours of supervised experience for licensure. See California Business and Professions Code 4980.03
  • Application: means a request for payment from the fund submitted to the Secretary of State pursuant to this chapter. See California Corporations Code 2281
  • Appraisal: A determination of property value.
  • Appropriate committee: means the committee responsible for anesthesia practice that is responsible to the executive committee of the medical staff. See California Business and Professions Code 2826
  • Approved: as used in this chapter , means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicant's graduation from the school, college, or university. See California Business and Professions Code 4980.03
  • Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Fish and Game Code 17
  • Archival value: means the ongoing usefulness or significance of a record based on the administrative, legal, fiscal, evidential, or historical information it contains, justifying its permanent preservation. See California Government Code 12271
  • 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.
  • Associate: as used in this chapter , means an unlicensed person who has earned a master's or doctoral degree qualifying the person for licensure and is registered with the board as an associate. See California Business and Professions Code 4980.03
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bank: means a person engaged in the business of banking, and includes a savings bank, savings and loan association, credit union, and trust company. See California Commercial Code 1201
  • 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.
  • Bar passage data: means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar. See California Education Code 67102
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bearer: means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or endorsed in blank. See California Commercial Code 1201
  • Bill of lading: means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. See California Commercial Code 1201
  • Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
  • Board: as used in this article , means the Board of Administration of the Public Employees' Retirement System. See California Government Code 31882
  • Board: means the State Public Works Board. See California Education Code 67352
  • Board: as used in this chapter , means the Board of Behavioral Sciences. See California Business and Professions Code 4980.03
  • Board: means the Board of Registered Nursing. See California Business and Professions Code 2770.1
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Certificate: means a valid certificate issued by the council pursuant to this chapter. See California Business and Professions Code 4601
  • Chambers: A judge's office.
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • City: includes city and county. See California Business and Professions Code 18
  • Claimant: means an aggrieved person who resides in the state at the time of the fraud and who submits an application pursuant to this chapter. See California Corporations Code 2281
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
  • Committee: means the Higher Education Facilities Finance Committee, created pursuant to Section 67353. See California Education Code 67352
  • Committee: means an intervention evaluation committee created by this article. See California Business and Professions Code 2770.1
  • Compensation: means a payment, loan, advance, donation, contribution, deposit, or gift of money, or anything of value. See California Business and Professions Code 4601
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conduit: includes pipe, millrace, ditch, flume, siphon, tunnel, canal, and any other conduit or diversion used for the purpose of taking or receiving water from any river, creek, stream, or lake. See California Fish and Game Code 5900
  • Consortium: means a multistate collaborative organized to develop a comprehensive system of assessments or formative tools such as described in Section 60605. See California Education Code 60603
  • Content standards: means the specific academic knowledge, skills, and abilities that all public schools in this state are expected to teach, and all pupils are expected to learn, in reading, writing, mathematics, history-social science, world languages, visual and performing arts, and science, at each grade level tested. See California Education Code 60603
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1303. See California Commercial Code 1201
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: means a domestic corporation as defined by Section 162 or 2509 or a foreign corporation that is qualified to transact business in California pursuant to Section 2105. See California Corporations Code 2281
  • Council: means the California Massage Therapy Council created pursuant to this chapter, which shall be a nonprofit organization exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code. See California Business and Professions Code 4601
  • County: includes city and county. See California Government Code 19
  • County: includes city and county. See California Health and Safety Code 14
  • County: includes "city and county. See California Corporations Code 14
  • County: includes "city and county. See California Public Resources Code 14
  • County: includes city and county. See California Fish and Game Code 32
  • County: includes city and county. See California Food and Agricultural Code 29
  • Credible science: means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the evaluation principles of relevance, inclusiveness, objectivity, transparency, timeliness, verification, validation, and peer review of information as appropriate. See California Fish and Game Code 33
  • Dam: includes all artificial obstructions. See California Fish and Game Code 5900
  • Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
  • 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 State Department of Health Services. See California Health and Safety Code 20
  • department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
  • Department: means the Department of Housing and Community Development. See California Government Code 65582
  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • 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.
  • designated instruction and services: means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300. See California Education Code 56363
  • Devise: To gift property by will.
  • Direct service contract: means any contract provided by a state agency pursuant to Chapter 4 (commencing with Section 38030). See California Health and Safety Code 38040
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
  • Disaster: means any flood, fire, hurricane, earthquake, storm, tidal wave, or other catastrophe occurring on or after January 1, 1996, for which the Governor of the state has certified the need for assistance and which the President of the United States has determined to be a major disaster pursuant to the Robert T. See California Health and Safety Code 34002
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means fish and game district. See California Fish and Game Code 41
  • Document of title: includes a bill of lading, dock warrant, dock receipt, warehouse receipt, or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. See California Commercial Code 1201
  • effective date: means January 1, 1977. See California Corporations Code 2300
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Commercial Code 1201
  • element: means the housing element of the community's general plan, as required pursuant to this article and subdivision (c) of Section 65302. See California Government Code 65582
  • 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
  • Employment outcomes for graduates: means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a juris doctor degree is required by the employer and the rate of employment of graduates in jobs where a juris doctor degree is an advantage in employment. See California Education Code 67102
  • Enrollment data: means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis. See California Education Code 67102
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • establishment: means a fixed location where massage is performed for compensation, excluding those locations where massage is only provided on an out-call basis. See California Business and Professions Code 4601
  • 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.
  • executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Corporations Code 17.1
  • Experience: as used in this chapter , means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist. See California Business and Professions Code 4980.03
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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.
  • Fault: means a default, breach, or wrongful act or omission. See California Commercial Code 1201
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Field test: means an assessment or assessment items administered to a representative sample of a population to ensure that the test or item produces results that are valid, reliable, and fair. See California Education Code 60603
  • Final judgment: means a judgment, arbitration award, or criminal restitution order for which appeals have been exhausted or for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, which has not been nullified or rendered void by any court order or statutory provision, and for which the claimant has not otherwise been fully reimbursed. See California Corporations Code 2281
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Financial and compliance audit: means a systematic review or appraisal to determine each of the following:

    California Health and Safety Code 38040

  • Fireman: as used in this article , means any employee in a position designated as a fireman's position by the board. See California Government Code 31887
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
  • Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Government Code 65007
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of §. See California Education Code 56155.5
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Victims of Corporate Fraud Compensation Fund created by Section 2280. See California Corporations Code 2281
  • Fund: means the Higher Education Capital Outlay Bond Fund, created pursuant to subdivision (e) of Section 67354. See California Education Code 67352
  • Fungible goods: means :

    California Commercial Code 1201

  • Generally accepted auditing standards: means the auditing standards set forth in the financial and compliance element of the "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions" issued by the Comptroller General of the United States and incorporating the audit standards of the American Institute of Certified Public Accountants. See California Health and Safety Code 38040
  • goods: means goods used or bought for use primarily for personal, family or household purposes. See California Commercial Code 2800
  • governing boards: means the local boards of trustees and the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California. See California Education Code 66011
  • Graduate: means a nurse anesthetist who is a graduate of an accredited program of nurse anesthesia awaiting initial certification results for not more than one year from the date of graduation. See California Business and Professions Code 2826
  • 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.
  • Holder: means :

    California Commercial Code 1201

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent auditors: means public accountants who have no direct or indirect relationship with the functions or activities being audited or with the business conducted by any of the officials or contractors being audited. See California Health and Safety Code 38040
  • 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.
  • Insolvent: means :

    California Commercial Code 1201

  • 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
  • item: includes , but is not limited to, any paper, document, book, map, artifact, or other type of record. See California Government Code 12220
  • 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.
  • Judgment debtor: means a corporation or agent against which a judgment, arbitration award, or criminal restitution order has been entered for conduct constituting intentional fraud. See California Corporations Code 2281
  • jurisdiction: means a city, city and county, or county. See California Government Code 65582
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
  • license: includes certificate, registration, or any other authorization to engage in practice regulated by this chapter. See California Business and Professions Code 2750
  • Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
  • 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.
  • Local educational agency: means a county office of education, school district, state special school, or direct-funded charter school as described in Section 47651. See California Education Code 60603
  • Local public entity: means any county, city, city and county, the duly constituted governing body of an Indian reservation or rancheria, redevelopment agency organized pursuant to Part 1 (commencing with Section 33000) of this division, or housing authority organized pursuant to Part 2 (commencing with Section 34200) of this division, which is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. See California Health and Safety Code 36002
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Fish and Game Code 54
  • Massage: means the scientific manipulation of the soft tissues. See California Business and Professions Code 4601
  • Massage practitioner: means a person who is certified by the council pursuant to Section 4604. See California Business and Professions Code 4601
  • Massage therapist: means a person who is certified by the council under Section 4604 and who administers massage for compensation. See California Business and Professions Code 4601
  • Matrix sampling: means administering different portions of a single assessment to different groups of pupils for the purpose of sampling a broader representation of content and reducing testing time. See California Education Code 60603
  • Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Fish and Game Code 55
  • Money: means a medium of exchange that is currently authorized or adopted by a domestic or foreign government. See California Commercial Code 1201
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • new law: means this division of the Corporations Code as amended by act of the California Legislature, 1975-76 Regular Session, effective January 1, 1977, and as in effect on that date. See California Corporations Code 2300
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonprofit organization: means an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under Section 501(a) of that code or any nonprofit, scientific or educational organization qualified under Section 23701d of the Revenue and Taxation Code. See California Health and Safety Code 38040
  • Nonresident: means a person who is not a resident as defined in Section 70. See California Fish and Game Code 57
  • Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
  • Nurse anesthetist: means a person who is a registered nurse licensed by the board who has met standards for certification from the board. See California Business and Professions Code 2826
  • 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.
  • Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Fish and Game Code 62
  • Organization: means a person other than an individual. See California Commercial Code 1201
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: includes the United States (except that for the purpose of Sections 5901, 5931, 5933, and 5938, "owner" does not include the United States as to any dam in the condition the dam existed on September 15, 1945), the State, a person, political subdivision, or district (other than a fish and game district) owning, controlling or operating a dam or pipe. See California Fish and Game Code 5900
  • Pension board: as used in this article , means the board of retirement. See California Government Code 31884
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Commercial Code 1201
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Fish and Game Code 67
  • Personal property: All property that is not real property.
  • Persons of low income: means persons and families who lack the amount of income which is necessary (as determined by the local public entity) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding. See California Health and Safety Code 36002
  • persons of low income: as used in this part have the same meaning as in Article XXXIV. See California Health and Safety Code 37000
  • Petition: includes any form of pleading brought pursuant to Section 65751, whether it is a petition, complaint, cross-complaint, complaint in intervention, or any other form. See California Government Code 65750
  • Petitioner: includes a petitioner, plaintiff, cross-complainant, or intervenor who files an action of any kind pursuant to Section 65751. See California Government Code 65750
  • 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.
  • Policeman: as used in this article includes sheriffs, undersheriffs, deputy sheriffs and any other employee of a county in a position designated as a policeman's position by the board. See California Government Code 31886
  • Population sampling: means administering assessments to a representative sample of pupils instead of the entire pupil population. See California Education Code 60603
  • 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
  • Predominantly urbanized: means that not less than 80 percent of the land in the project area meets the requirements of paragraphs (1) and (3) of subdivision (b) of Section 33320. See California Health and Safety Code 34002
  • prior law: means the applicable law as in effect prior to January 1, 1977. See California Corporations Code 2300
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • Program manager: means the staff manager of the intervention program, as designated by the executive officer of the board. See California Business and Professions Code 2770.1
  • Project area: is a n area that meets both of the following requirements:

    California Health and Safety Code 34002

  • property: includes property real and personal. See California Civil Code 14
  • Public accountants: means certified public accountants, or state licensed public accountants. See California Health and Safety Code 38040
  • public agency: includes the federal government or any federal department or agency, this state, any other state or any state department or agency, a county, city, public corporation, or public district of this state or any other state. See California Government Code 31895
  • 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 record plant: means the plant, or any part thereof, or a record therein, of a person engaged in the business of searching or publishing public records or insuring or guaranteeing titles to real property, including copies of public records or abstracts and memoranda taken from public records that are owned by or in possession of that person or that are used by that person in that person's business. See California Government Code 12271
  • Purchase: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See California Commercial Code 1201
  • Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
  • Purchaser: means a person that takes by purchase. See California Commercial Code 1201
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Commercial Code 1201
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Redevelopment agency: means any agency provided for and authorized to function pursuant to the Community Redevelopment Law or this part. See California Health and Safety Code 34002
  • related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See California Education Code 56363
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Commercial Code 1201
  • Representative: means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. See California Commercial Code 1201
  • 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.
  • Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code. See California Fish and Game Code 70
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right: includes remedy. See California Commercial Code 1201
  • Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Government Code 65007
  • season: means "open season. See California Fish and Game Code 62
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Commercial Code 1201
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
  • Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
  • Spouse: includes "registered domestic partner" as required by §. See California Corporations Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Commercial Code 1201
  • State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
  • Subpoena: A command to a witness to appear and give testimony.
  • Summative assessment: means an assessment designed to be given near the end of the school year to evaluate a pupil's knowledge and skills relative to a specific set of academic standards. See California Education Code 60603
  • supervision: means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. See California Business and Professions Code 4980.43.1
  • Supervisor: as used in this chapter , means an individual who meets all of the following requirements:

    California Business and Professions Code 4980.03

  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
  • Term: means a portion of an agreement that relates to a particular matter. See California Commercial Code 1201
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • third party: means a person that has engaged in a transaction or made an agreement subject to this code. See California Commercial Code 1201
  • 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.
  • total benefits: means the retirement allowance or other benefit payable to any beneficiary pursuant to the provisions of this chapter plus any other monetary payments due to the same beneficiary from any public agency. See California Government Code 31895.5
  • Trainee: as used in this chapter , means an unlicensed person who is currently enrolled in a master's or doctoral degree program, as specified in Sections 4980. See California Business and Professions Code 4980.03
  • 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.
  • Transport: includes offer or receive for transportation. See California Fish and Game Code 88
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Government Code 65007
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Fish and Game Code 5900
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • veteran: means any person who has served in the United States Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, or as an active nurse in the service of the American Red Cross, or in the Army and Navy Nurse Corps in time of war, or in any expedition of the Armed Forces of the United States, or who served in one of these services during the period September 16, 1940, to December 7, 1941, and received a discharge under conditions other than dishonorable. See California Business and Professions Code 23450
  • wild pigs: has the meaning set forth in Section 4650. See California Fish and Game Code 4180.2
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: includes printing, typewriting, or any other intentional reduction to tangible form. See California Commercial Code 1201