Terms Used In California Codes > Business and Professions Code > Division 2 > Chapter 13 - Licensed Marriage and Family Therapists

• AANHPI: means Asian American, Native Hawaiian, and Pacific Islander. See California Education Code 79510
• Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
• 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
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Aide: means an individual who provides supportive services to an occupational therapist or occupational therapy assistant and who is trained by an occupational therapist or occupational therapy assistant to perform, under appropriate supervision, delegated, selected client and nonclient-related tasks for which the aide has demonstrated competency. See California Business and Professions Code 2570.2
• 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 for stay and early evaluation conference: means an application to be filed with the court that meets the requirements of subdivision (c) of Section 55. See California Civil Code 55.52
• 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
• assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Welfare and Institutions Code 26
• 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
• Association: means the Occupational Therapy Association of California or a similarly constituted organization representing occupational therapists in this state. See California Business and Professions Code 2570.2
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Audiology aide: means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. See California Business and Professions Code 2530.2
• Authority: means the California Educational Facilities Authority created by this chapter or any board, body, commission, department, or officer succeeding to the principal functions of the authority or to whom the power conferred upon the authority by this chapter is given by law. See California Education Code 94110
• axle: is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion. See California Vehicle Code 230
• 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
• Bequest: Property gifted by will.
• 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 California Board of Occupational Therapy. See California Business and Professions Code 2570.2
• board: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
• Board: means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. See California Business and Professions Code 2530.2
• Bond: means bonds, notes, debentures, securities, or other evidences of indebtedness of the authority issued pursuant to this chapter. See California Education Code 94110
• bookkeeping services: means keeping books, making trial balances, preparing statements, making audits, or preparing reports, all as a part of bookkeeping operations, provided that such trial balances, statements, or reports are not issued over the name of such person as having been prepared or examined by a certified public accountant or public accountant. See California Civil Code 1799
• bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
• business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
• business entity: means a sole proprietorship, partnership, corporation, association or other group, however organized and whether or not organized to operate at a profit, but does not mean a financial institution organized, chartered, or holding a license or authorization certificate under a law of this state or the United States to make loans or extend credit and subject to supervision by an official or agency of this state or the United States, nor the parent of any such financial institution, nor any subsidiary of any such financial institution or parent. See California Civil Code 1799
• CalWORKs recipient: means a recipient of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of . See California Education Code 79200
• Campus-recognized sorority or fraternity: means a sorority or fraternity that has officially met the formal chartering and recognition requirements at the institution where it operates. See California Education Code 66312
• CASp: means any person who has been certified pursuant to §. See California Civil Code 55.52
• Certificate: means a valid certificate issued by the council pursuant to this chapter. See California Business and Professions Code 4601
• certificate: as used in this chapter are deemed to be synonomous. See California Business and Professions Code 2040
• Cerumen removal: means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. See California Business and Professions Code 2530.2
• Chambers: A judge's office.
• Chapter house: means any residence located on or off campus that is owned by the institution of higher education but occupied by a campus-recognized sorority or fraternity, or any residence located on or off campus that is owned and occupied by the campus-recognized sorority or fraternity. See California Education Code 66312
• City: includes every city and city and county within this State. See California Vehicle Code 255
• Client centered advocacy: as used in this chapter , includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services. See California Business and Professions Code 4980.03
• Cohort population: means the number of students that began a program on a cohort start date. See California Education Code 94928
• Cohort start date: means the first class day after the cancellation period during which a cohort of students attends class for a specific program. See California Education Code 94928
• commercial vehicle: is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 260
• Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
• Committee: means the Higher Education Facilities Finance Committee, created pursuant to Section 67353. See California Education Code 67352
• Community college: means a college of the California Community College system. See California Education Code 79510
• Compensation: means a payment, loan, advance, donation, contribution, deposit, or gift of money, or anything of value. See California Business and Professions Code 4601
• Construction-related accessibility claim: means any civil claim in a civil action with respect to a place of public accommodation, including, but not limited to, a claim brought under Section 51, 54, 54. See California Civil Code 55.52
• Construction-related accessibility standard: means a provision, standard, or regulation under state or federal law requiring compliance with standards for making new construction and existing facilities accessible to persons with disabilities, including, but not limited to, any provision, standard, or regulation set forth in Section 51, 54, 54. See California Civil Code 55.52
• Container: as used in this chapter , includes a "milk case. See California Food and Agricultural Code 34504
• Continuing competence: means a dynamic and multidimensional process in which the occupational therapist or occupational therapy assistant develops and maintains the knowledge, performance skills, interpersonal abilities, critical reasoning, and ethical reasoning skills necessary to perform current and future roles and responsibilities within the profession. See California Business and Professions Code 2570.2
• Contract for sale of real property: means an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which requires conveyance of title within one year from the date of formation of the contract, whether designated in the agreement a "contract for sale of real property" "land sale contract" "deposit receipt" "agreement for sale" "agreement to convey" or otherwise. See California Civil Code 886.010
• Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
• costs: includes only the following:

  California Code of Civil Procedure 1297.411

• 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 Welfare and Institutions Code 14
• County: includes every county and city and county within this State. See California Vehicle Code 270
• County: includes "city and county. See California Corporations Code 14
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
• custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
• Dealer: is a person not otherwise expressly excluded by Section 286 who:

  California Vehicle Code 285

• debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
• Declared homestead: means the dwelling described in a homestead declaration. See California Code of Civil Procedure 704.910
• Declared homestead owner: includes both of the following:

  California Code of Civil Procedure 704.910

• Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
• department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
• 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
• development project: means any of the following:

  California Public Resources Code 42905

• Directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 12233
• directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 5047
• dispensing audiologist: is a person who is authorized to sell hearing aids pursuant to their audiology license. See California Business and Professions Code 2530.2
• distributor: is a ny person other than a manufacturer who sells or distributes new vehicles subject to registration under this code, new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 296
• Division of Licensing: shall be deemed to refer to the board. See California Business and Professions Code 2002
• Dormitory: means a housing unit with necessary and usual attendant and related facilities and equipment. See California Education Code 94110
• driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
• drug: means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions. See California Vehicle Code 312
• Dwelling: means any interest in real property (whether present or future, vested or contingent, legal or equitable) that is a "dwelling" as defined in Section 704. See California Code of Civil Procedure 704.910
• Earnings: means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise. See California Code of Civil Procedure 706.011
• Earnings assignment order for support: means an order, made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of . See California Code of Civil Procedure 706.011
• easement: means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land. See California Civil Code 887.010
• Educational facility: means a dormitory, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, health care facility (including for an institution of higher education that maintains and operates a school of medicine, structures or facilities designed to provide services as a hospital or clinic, whether the hospital or clinic is operated directly by the institution of higher education or by a separate nonprofit corporation, the members of which consist of the educational institution or the members of its governing body), faculty and staff housing, parking, maintenance, storage, or utility facilities, and other related structures or facilities used for student instruction, conducting research, or operating an institution for higher education, and related facilities and equipment. See California Education Code 94110
• Electronic transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 20
• Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 21
• Employee: means a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done. See California Code of Civil Procedure 706.011
• Employer: means a person for whom an individual performs services as an employee. See California Code of Civil Procedure 706.011
• 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
• 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
• Examination: means an entry level examination for occupational therapists and occupational therapy assistants administered by the National Board for Certification in Occupational Therapy or by another nationally recognized credentialing body. See California Business and Professions Code 2570.2
• 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
• Executive director: means the Executive Director of the California Educational Facilities Authority. See California Education Code 94157
• Executor: A male person named in a will to carry out the decedent
• 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
• Faculty and staff housing: means a residential unit owned by a participating college or participating nonprofit entity for use by an individual holding a faculty appointment or a staff position at a public university, public college, or participating college. See California Education Code 94110
• farm labor vehicle: is a ny motor vehicle designed, used, or maintained for the transportation of nine or more farmworkers, in addition to the driver, to or from a place of employment or employment-related activities. See California Vehicle Code 322
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Financial institution: means a bank as defined under paragraph (4) of subdivision (b) of §. See California Education Code 94157
• Forbearance: A means of handling a delinquent loan. A
• 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
• Fund: means the Higher Education Capital Outlay Bond Fund, created pursuant to subdivision (e) of Section 67354. See California Education Code 67352
• 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
• General public paratransit vehicle: means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. See California Vehicle Code 336
• Good standing: means that the person has a current, valid license to practice occupational therapy or assist in the practice of occupational therapy and has not been disciplined by the recognized professional licensing or standard-setting body within five years prior to application or renewal of the person's license. See California Business and Professions Code 2570.2
• Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
• Graduates available for employment: means the number of graduates minus the number of graduates unavailable for employment. See California Education Code 94928
• Graduates employed in the field: means graduates who are gainfully employed in a single position for which the institution represents the program prepares its graduates, beginning within six months after a student completes the applicable educational program. See California Education Code 94928
• Graduates unavailable for employment: means graduates who, after graduation, die, become incarcerated, are called to active military duty, are international students that leave the United States or do not have a visa allowing employment in the United States, or are continuing their education at an accredited or bureau-approved postsecondary institution. See California Education Code 94928
• Grantor: The person who establishes a trust and places property into it.
• grey market goods: means consumer goods bearing a trademark and normally accompanied by an express written warranty valid in the United States of America which are imported into the United States through channels other than the manufacturer's authorized United States distributor and which are not accompanied by the manufacturer's express written warranty valid in the United States. See California Civil Code 1797.8
• Hazardous material: includes explosives and hazardous wastes or substances as defined by regulations adopted pursuant to §. See California Vehicle Code 353
• Hearing aid dispenser: as used in this article , means a person engaged in the practice of fitting or selling hearing aids to an individual with impaired hearing. See California Business and Professions Code 2538.14
• Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
• Homestead declaration: includes both of the following:

  California Code of Civil Procedure 704.910

• Income: as used in this chapter means the return derived from principal. See California Civil Code 731.03
• 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.
• individual: means a natural person. See California Civil Code 1799
• Installment judgment: means a money judgment under which a lien may be created on an interest in real property under Section 697. See California Code of Civil Procedure 724.210
• institution: means a campus of the California Community Colleges, the California State University, or the University of California, a private postsecondary educational institution, or an independent institution of higher education. See California Education Code 66312
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Judgment debtor: includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706. See California Code of Civil Procedure 706.011
• Juror: A person who is on the jury.
• legal owner: is a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the State or to any county, city, district, or political subdivision of the State, or to the United States, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vehicle to the lessee for a period of 30 consecutive days or more. See California Vehicle Code 370
• Legatee: A beneficiary of a decedent
• Lessor: includes "bailor" and "lease" includes "bailment. See California Vehicle Code 372
• license: includes a license, limited permit, or any other authorization to engage in practice regulated by this chapter. See California Business and Professions Code 2570.26
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Limousine: means any sedan or sport utility vehicle, of either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within this state. See California Vehicle Code 378
• Livestock: means any cattle, sheep, swine, goat, or horse, mule, or other equine. See California Civil Code 3080
• Livestock servicer: means any individual, corporation, partnership, joint venture, cooperative, association or any other organization or entity which provides livestock services. See California Civil Code 3080
• Livestock services: means any and all grazing, feeding, boarding, general care, which includes animal health services, obtained or provided by the livestock servicer, or his employee, transportation or other services rendered by a person to livestock for the owner of livestock, or for any person acting by or under the owner's authority. See California Civil Code 3080
• Local authorities: means the legislative body of every county or municipality having authority to adopt local police regulations. See California Vehicle Code 385
• Loss reserve account: means an account in the State Treasury or in any financial institution that is established and maintained by the authority for the benefit of a financial institution participating in the program for the purposes of any of the following:

  California Education Code 94157

• Maintenance facility or terminal: includes a private business or residence. See California Vehicle Code 34515
• 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
• Matured installments: means the sum of all of the following:

  California Code of Civil Procedure 724.210

• Medical board: means the Medical Board of California. See California Business and Professions Code 2530.2
• Meets applicable standards: means the site was inspected by a CASp and determined to meet all applicable construction-related accessibility standards pursuant to paragraph (1) of subdivision (a) of Section 55. See California Civil Code 55.52
• Milk case: means a rigid, reusable container for packing and transporting or delivering cartons, bottles, jugs, or any other form of packaged milk or milk products. See California Food and Agricultural Code 34504
• Misconduct: means any conduct in violation of institutional policies reportable under Section 1092(f)(1)(F)(i)(II) and (IX) of Title 20 of the United States Code, as it read on January 1, 2022, or hazing as defined in subdivision (b) of §. See California Education Code 66312
• Modified limousine: means any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, exceeding the original equipment manufacturer's published wheelbase dimension for the base model and year of the vehicle, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than 10 passengers including the driver, and is used in the transportation of passengers for hire. See California Vehicle Code 378
• month: means a calendar month, unless otherwise expressed. See California Civil Code 14
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
• motortruck: is a motor vehicle designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 410
• Music therapy: means the clinical and evidence-based use of music therapy interventions in developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational settings to address physical, emotional, cognitive, and social needs of individuals within a therapeutic relationship. See California Business and Professions Code 4653
• Music therapy interventions: include , but are not limited to, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention, and movement to music. See California Business and Professions Code 4653
• 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}
• 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.
• Occupational therapist: means an individual who meets the minimum education requirements specified in Section 2570. See California Business and Professions Code 2570.2
• Occupational therapy: means the therapeutic use of purposeful and meaningful goal-directed activities (occupations) with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. See California Business and Professions Code 2570.2
• Occupational therapy assistant: means an individual who is licensed pursuant to the provisions of this chapter, who is in good standing as determined by the board, and based thereon, who is qualified to assist in the practice of occupational therapy under this chapter, and who works under the appropriate supervision of a licensed occupational therapist. See California Business and Professions Code 2570.2
• Occupational therapy services: means the services of an occupational therapist or the services of an occupational therapy assistant under the appropriate supervision of an occupational therapist. See California Business and Professions Code 2570.2
• On-time graduates: means the number of students who complete a program within 100 percent of the published program length. See California Education Code 94928
• Operative date: means July 1, 1983. See California Code of Civil Procedure 694.010
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
• paratransit vehicle: is a passenger vehicle, other than a bus, schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or taxicab that is both of the following:

  California Vehicle Code 462

• participating college: means a private college that participates with the authority in undertaking the financing of working capital or the financing and construction or acquisition of a project and does not restrict the admission of a student based on the student's race or ethnicity, provided that the financing does not violate §. See California Education Code 94110
• Participating nonprofit entity: means an entity within the meaning of paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code that, pursuant to this chapter for the purpose of owning student, faculty, or staff housing, as approved by, and for participation with, the authority, undertakes the financing and construction or acquisition of student, faculty, or staff housing, on real property owned or leased by the entity, for the benefit of a public college, public university, or participating private college. See California Education Code 94110
• Participating sorority or fraternity: means a sorority or fraternity described in subdivision (c). See California Education Code 66312
• person: means any natural person, corporation, partnership, limited liability company, firm, association, or governmental entity. See California Civil Code 1799
• Person: means an individual, partnership, unincorporated organization, or corporation. See California Business and Professions Code 2570.2
• Person: includes a corporation as well as a natural person. See California Corporations Code 18
• Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
• Person: includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity. See California Code of Civil Procedure 706.011
• Person: means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter. See California Business and Professions Code 2530.2
• personal property: include money, goods, chattels, things in action, and evidences of debt. See California Civil Code 14
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
• Physical agent modalities: means techniques that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity. See California Business and Professions Code 2570.2
• pickup truck: is a motor truck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. See California Vehicle Code 471
• 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.
• 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}
• Power of termination: includes the power created in a transferee to terminate a fee simple estate in real property to enforce a restriction on the use of the real property in the form of a limitation or condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument that creates or evidences it as an executory interest, executory limitation, or otherwise, and includes the interest known at common law as an executory interest preceded by a fee simple determinable. See California Civil Code 885.010
• Practice of fitting or selling hearing aids: as used in this article , means those practices used for the purpose of selection and adaptation of hearing aids, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing aids, taking of ear mold impressions, fitting or sale of hearing aids, and any necessary postfitting counseling. See California Business and Professions Code 2538.11
• Principal: as used in this chapter means any realty or personalty which has been so set aside or limited by the owner thereof or a person thereto legally empowered that it and any substitutions for it are eventually to be conveyed, delivered, or paid to a person, while the return therefrom or use thereof or any part of such return or use is in the meantime to be taken or received by or held for accumulation for the same or another person. See California Civil Code 731.03
• Prior law: means the applicable law in effect on June 30, 1983. See California Code of Civil Procedure 694.010
• Private college: means an institution for higher education other than a public college, situated within the state and that, by virtue of law or charter, is a nonprofit private or independent degree-granting educational institution that is regionally accredited and empowered to provide a program of education beyond the high school level. See California Education Code 94110
• Private student loan: means a loan issued by a private lending institution for the costs of attendance at any public or private nonprofit college or university in the United States, notwithstanding the definitions in subdivisions (i), (k), and (l) of Section 94110. See California Education Code 94157
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Program: means the AANHPI Student Achievement Program established pursuant to this article. See California Education Code 79510
• program: means a NextUp program as may be established under subdivision (a). See California Education Code 79220
• Program: means the California Student Loan Refinancing Program created pursuant to this article. See California Education Code 94157
• Project: means a dormitory or an educational facility, faculty or staff housing, or any combination thereof, or any function concerning student loans, or interests in student loans, as determined by the authority. See California Education Code 94110
• Public college: means a community college. See California Education Code 94110
• Public university: means any campus of the University of California, the California State University, or the Hastings College of the Law. See California Education Code 94110
• Qualified borrower: means an individual meeting all of the following requirements:

  California Education Code 94157

• Qualified defendant: means a defendant in an action that includes a construction-related accessibility claim that is asserted against a place of public accommodation that met the requirements of "meets applicable standards" or "inspected by a CASp" prior to the date the defendant was served with the summons and complaint in that action. See California Civil Code 55.52
• Qualified loan: means a loan or a portion of a loan made by a financial institution to a qualified borrower to refinance a private student loan under the program. See California Education Code 94157
• record: means any item, collection, or grouping of information about an individual or business entity. See California Civil Code 1799
• 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}
• registered owner: is a person registered by the department as the owner of a vehicle. See California Vehicle Code 505
• 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
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• Remainderman: as used in this chapter means the person ultimately entitled to the principal, whether named or designated by the terms of the transaction by which the principal was established or determined by operation of law. See California Civil Code 731.03
• 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: is a ny person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer's or distributer's vehicles to their franchisees or for regularly supervising or contacting franchisees or prospective franchisees in this state for any purpose. See California Vehicle Code 512
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Road: means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3. See California Vehicle Code 527
• sale: includes a lease of more than four months. See California Civil Code 1797.8
• Sanctioned event: means any event in which one of the following occurs:

  California Education Code 66312

• school pupil activity bus: is a ny motor vehicle, other than a schoolbus, operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, or by a passenger charter-party carrier, used under a contractual agreement between a school and carrier to transport school pupils at or below the 12th-grade level to or from a public or private school activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway locations where a parent or adult designated by the parent is present to accept the pupil or place the pupil on the bus. See California Vehicle Code 546
• schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:

  California Vehicle Code 545

• 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
• Site: means a place of public accommodation. See California Civil Code 55.52
• speech-language pathologist: is a person who practices speech-language pathology. See California Business and Professions Code 2530.2
• Speech-language pathology aide: means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist. See California Business and Professions Code 2530.2
• Speech-language pathology assistant: means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant. See California Business and Professions Code 2530.2
• Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
• spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
• Spouse: means a "spouse" as defined in Section 704. See California Code of Civil Procedure 704.910
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
• Student loan: means a loan having terms and conditions acceptable to the authority that is made to finance or refinance the costs of attendance at a private college or a public college and that is approved by the authority, if the loan is originated pursuant to a program that is approved by the authority. See California Education Code 94110
• Students available for graduation: means the cohort population minus the number of students unavailable for graduation. See California Education Code 94928
• Students unavailable for graduation: means students who have died, been incarcerated, or called to active military duty. See California Education Code 94928
• Subpoena: A command to a witness to appear and give testimony.
• subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Water Code 17
• subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Welfare and Institutions Code 17
• subscription: includes mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Vehicle Code 17
• 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

• Tenant: as used in this chapter means the person to whom income is presently or currently payable, or for whom it is accumulated or who is entitled to the beneficial use of the principal presently and for a time prior to its distribution. See California Civil Code 731.03
• terminal: means the location or locations in this state that are designated by a motor carrier, where subject vehicles may be inspected by the department and where vehicle maintenance and inspection records and drivers' records will be made available for inspection. See California Vehicle Code 34515
• Terminal: is a place where a vehicle of a type listed in Section 34500 is regularly garaged or maintained, or from which the vehicle is operated or dispatched. See California Vehicle Code 595
• Testator: A male person who leaves a will at death.
• Top administrative official: means the chancellor in the case of a campus of the University of California, the dean in the case of the Hastings College of the Law, the president in the case of a campus of the California State University, the president in the case of a campus of the California Community Colleges, or the president or highest ranking official in the case of a participating private college. See California Education Code 94110
• Tour bus: includes a bus described in subdivision (a) that has had its roof substantially structurally modified or removed. See California Vehicle Code 612
• traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
• trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
• 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.
• transferee: is a person who has acquired the sole ownership of or an equity in a vehicle of a type required to be registered under this code. See California Vehicle Code 640
• transporter: is a person engaged in the business of moving any owned or lawfully possessed vehicle by lawful methods over the highways for the purpose of delivery of such vehicles to dealers, sales agents of a manufacturer, purchasers, or to a new location as requested by the owner. See California Vehicle Code 645
• truck tractor: is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. See California Vehicle Code 655
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• vanpool vehicle: is a ny motor vehicle, other than a motortruck or truck tractor, designed for carrying more than 10 but not more than 15 persons including the driver, which is maintained and used primarily for the nonprofit work-related transportation of adults for the purposes of ridesharing. See California Vehicle Code 668
• vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
• Vehicle manufacturer: is a ny person who produces from raw materials or new basic components a vehicle of a type subject to registration under this code, off-highway motorcycles or all-terrain vehicles subject to identification under this code, or trailers subject to identification pursuant to Section 5014. See California Vehicle Code 672
• visually impaired: includes blindness and means having central visual acuity not to exceed 20/200 in the better eye, with corrected lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. See California Civil Code 54.6
• will: includes codicil. See California Civil Code 14
• Working capital: means maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of an educational facility, faculty or staff housing, student housing, or any combination thereof, including, but not limited to, reserves for maintenance or operation expenses, interest on any loan for working capital made pursuant to this part, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. See California Education Code 94110
• youth bus: is a ny bus, other than a schoolbus, designed for and when actually carrying not more than 16 persons and the driver, used to transport children at or below the 12th-grade level directly from a public or private school to an organized nonschool-related youth activity within 25 miles of the school or directly from a location which provides the organized nonschool-related youth activity to a public or private school within 25 miles of that location. See California Vehicle Code 680