Terms Used In California Codes > Business and Professions Code > Division 2 > Chapter 14 - Social Workers

• Access shaft: means a vertical shaft used as a regular means of worker access to underground mines and tunnels under construction, renovation, or demolition. See California Labor Code 7951
• 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
• Advertising: 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. See California Business and Professions Code 4992.2
• 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.
• 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.
• Affiliate: means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a specified person. See California Business and Professions Code 19805
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Affordable rental housing: shall mean a rental housing development, as defined in subdivision (d) of §. See California Military and Veterans Code 987.003
• Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
• agency: means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:

  California Civil Code 1798.3

• Agent: as used in this chapter , means a person acting in accordance with Title 9 (commencing with Section 2295) of Part 4 of Division 3 of . See California Health and Safety Code 25919.6
• Amortization: Paying off a loan by regular installments.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means a person who has applied for a state gambling license, a key employee license, a registration, a finding of suitability, a work permit, a manufacturer's or distributor's license, or an approval of any act or transaction for which the approval or authorization of the commission or department is required or permitted under this chapter. See California Business and Professions Code 19805
• Arbitration: means a method of resolving a rights dispute under which the parties to a controversy must accept the award of a third party. See California Public Utilities Code 99560.1
• armed forces of the United States: means the "armed forces" as defined in §. See California Military and Veterans Code 389
• Arrest: Taking physical custody of a person by lawful authority.
• Asbestos: as used in this chapter , has the same meaning as defined in §. See California Health and Safety Code 25918
• Asbestos-containing construction material: as used in this chapter , means any manufactured construction material, including structural, mechanical and building material, which contains more than one-tenth of 1 percent asbestos by weight. See California Health and Safety Code 25919
• assignment order: means an order made under Section 3761. See California Family Code 3760
• Assistive device: means any instrument, apparatus, or contrivance, including any component or part thereof or accessory thereto, that is used or intended to be used, to assist an individual with a disability in the mitigation or treatment of an injury or disease or to assist or affect or replace the structure or any function of the body of an individual with a disability, except that this term does not include prescriptive lenses and other ophthalmic goods unless they are sold or dispensed to a blind person, as defined in §. See California Civil Code 1791
• 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.
• 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.
• 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.
• battalion: when used in connection with the infantry of the National Guard. See California Military and Veterans Code 281
• Best value: means a value determined by objective criteria and may include, but need not be limited to, price, features, functions, life-cycle costs, and other criteria deemed appropriate by the community college district. See California Education Code 81701
• Board: means the governing board of a community college district. See California Education Code 81902
• Board: means the Public Employment Relations Board established pursuant to §. See California Public Utilities Code 99560.1
• Board: means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. See California Business and Professions Code 2530.2
• Board: means the Occupational Safety and Health Standards Board. See California Labor Code 7951
• Board: means the Department of Veterans Affairs. See California Military and Veterans Code 996.973
• Board: means the Department of Veterans Affairs. See California Military and Veterans Code 996.987
• Boiler: as used in this part means any fired or unfired pressure vessel used to generate steam pressure by the application of heat subject to this part. See California Labor Code 7621
• Bond: means veterans bond, a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Military and Veterans Code 996.973
• Bond: means veterans bond, a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Military and Veterans Code 996.987
• Bond: means veterans bond, a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Military and Veterans Code 997.003
• Building: as used in this chapter , means all or part of any "public and commercial building" as defined in Section 2642 of Title 15 of the United States Code, as that section reads on January 1, 1989, except that "building" shall not mean residential dwellings. See California Health and Safety Code 25919.2
• Building: as used in this chapter , means any building three stories or more in height, and whether heretofore constructed or hereafter to be constructed, including commercial buildings of all types, office buildings, apartment houses, hotels and buildings used for manufacturing purposes, but excluding dwelling houses occupied by not more than three families, and excluding all buildings constructed with windows that may be, and are, entirely washed and cleaned from inside the building or from a sitting position on the window sill in the manner provided by safety orders issued, or which may be issued from time to time, by the division. See California Labor Code 7325
• Catalog or similar sale: means a sale in which neither the seller nor any employee or agent of the seller nor any person related to the seller nor any person with a financial interest in the sale participates in the diagnosis of the buyer's condition or in the selection or fitting of the device. See California Civil Code 1791
• Census administration: means a test administration in which all pupils take comparable assessments of the same content and where results of individual performance are appropriate and meaningful to parents, pupils, and teachers. See California Education Code 60603
• Certificated mechanic: means an individual person who is the duly authorized holder of a Federal Aviation Administration Mechanic Certificate, with either an "Airframe" a "Powerplant" or an "Inspection Authorization" rating, which has been issued to that person pursuant to the provisions of Part 65 of Title 14 of the Code of Federal Regulations. See California Business and Professions Code 9790
• Certificated repair station: means a person or business entity which is the duly authorized holder of a Federal Aviation Administration certificated repair station designation pursuant to the provisions of Part 145 of Title 14 of the Code of Federal Regulations. See California Business and Professions Code 9790
• Certified Interior Designer: means a person who prepares and submits nonstructural or nonseismic plans consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to require the skills of a licensed contractor to implement them, and who engages in programming, planning, designing, and documenting the construction and installation of nonstructural or nonseismic elements, finishes and furnishings within the interior spaces of a building, and has demonstrated by means of education, experience and examination, the competency to protect and enhance the health, safety, and welfare of the public. See California Business and Professions Code 5800
• Chambers: A judge's office.
• Chief: means the head of the entity within the department that is responsible for fulfilling the obligations imposed upon the department by this chapter. See California Business and Professions Code 19805
• City: includes city and county. See California Business and Professions Code 18
• City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
• clearly and conspicuously: means a larger type than the surrounding text, or in a contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. See California Civil Code 1791
• Clothing: means any wearing apparel, worn for any purpose, including under and outer garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric. See California Civil Code 1791
• commission: means the Student Aid Commission created by this article. See California Education Code 69515
• Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
• Commission: means the California Gambling Control Commission. See California Business and Professions Code 19805
• Committee: means the Veterans' Finance Committee of 1943, created by §. See California Military and Veterans Code 996.973
• Committee: means the Veterans' Finance Committee of 1943, created by Section 991. See California Military and Veterans Code 996.987
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community college: means a community college maintained by the district issuing bonds under this chapter. See California Education Code 81902
• company: when used in connection with the infantry of the National Guard. See California Military and Veterans Code 281
• Condominium: means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building on the real property, such as an apartment, which, in the sole opinion of the department, meets minimum property standards as defined by the department. See California Military and Veterans Code 987.53
• Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
• 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
• Construction or alteration: as used in this article , includes any construction, reconstruction, or alteration of, or addition to, any school building. See California Education Code 81130.5
• Consumables: means any product that is intended for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and that usually is consumed or expended in the course of consumption or use. See California Civil Code 1791
• Consumer goods: means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. See California Civil Code 1791
• 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
• Controlled gambling: means to deal, operate, carry on, conduct, maintain, or expose for play any controlled game. See California Business and Professions Code 19805
• Controlled game: means any controlled game, as defined by subdivision (e) of Section 337j of the Penal Code. See California Business and Professions Code 19805
• Cooperative dwelling unit: means a unit in a development owned by a stock cooperative as defined in subdivision (m) of §. See California Military and Veterans Code 987.53
• Cooperative dwelling unit ownership documents: means cooperative housing stock together with any occupancy agreements or similar arrangements between the stock company and the owner of the cooperative housing stock. See California Military and Veterans Code 987.53
• County: includes "city and county. See California Labor Code 14
• County: means the county, or city and county, in which all or a majority of the assessed valuation of the community college district lies at the time bonds are issued under this chapter. See California Education Code 81902
• County: includes city and county. See California Public Utilities Code 18
• County: includes city and county. See California Food and Agricultural Code 29
• County treasurer: means the treasurer of the county in which all or a majority of the assessed valuation of the district lies at the time bonds are issued under this chapter. See California Education Code 81902
• 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
• Customer: means any person who requests a repairperson to do work on a general aviation aircraft which is in the possession of that person. See California Business and Professions Code 9790
• debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
• Deed: The legal instrument used to transfer title in real property from one person to another.
• department: means the Department of Veterans Affairs. See California Military and Veterans Code 690
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• Department: means the Department of Justice. See California Business and Professions Code 19805
• Department: means the Department of Industrial Relations. See California Labor Code 6302
• Dependent: A person dependent for support upon another.
• Dependent of a veteran: means the natural or adopted child of a veteran, or stepchild of a veteran as defined by the United States Department of Veterans Affairs for compensation purposes, the unmarried surviving spouse of a veteran, or the spouse of a totally disabled veteran. See California Military and Veterans Code 890
• Design-build: means a procurement process in which both the design and construction of a project are procured from a single entity. See California Education Code 81701
• Design-build entity: means a corporation, limited partnership, partnership, or other association that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. See California Education Code 81701
• Director: means a director of a corporation or a person performing similar functions with respect to any organization. See California Business and Professions Code 19805
• 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
• disclose: means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity. See California Civil Code 1798.3
• 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: means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods. See California Civil Code 1791
• Division: as used in this part , means the Division of Occupational Safety and Health. See California Labor Code 7620
• Division: means the Division of Occupational Safety and Health. See California Labor Code 7951
• Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
• Donee: The recipient of a gift.
• 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
• Effective rate of interest: means the average rate of interest on the unpaid balance due on a participation contract to which the department's legal rights are subject, and the rate of interest on the unpaid balance of the purchase price, as determined by the department. See California Military and Veterans Code 987.53
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: as used in this chapter , means every person who is required or directed by any employer, to engage in any employment, and who performs that employment other than on a casual or incidental basis in any building subject to this chapter, or any person contracting with an owner who is required or directed to perform services, other than on a casual or incidental basis, in any building subject to this chapter. See California Health and Safety Code 25919.3
• 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
• Employee benefit plan: includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P. See California Family Code 80
• Employee organization: means any organization of any kind in which public transit district employees participate and that exists for the purpose, in whole or in part, of dealing with public transit district employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment of employees. See California Public Utilities Code 99560.1
• Employer: includes the United States government and any public entity as defined in §. See California Family Code 3760
• Employer: means a person for whom an individual performs services as an employee. See California Code of Civil Procedure 706.011
• 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.
• Exclusive representative: means any recognized or certified employee organization or person it authorizes to act on its behalf. See California Public Utilities Code 99560.1
• 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 session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• FAA Aircraft Registry: means that particular system for the recording of conveyances and other documents which affect the title to, or any interest in, civil aircraft of the United States, which was originally created pursuant to Section 503 of the Federal Aviation Act of 1958 as set forth in Section 1403 of Title 49 of the United States Code and which is more specifically identified in Section 49. See California Business and Professions Code 9790
• Face: means the head of the tunnel where soil is being removed, or that area in a mine where digging is underway. See California Labor Code 7951
• 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.
• Farm: means a tract of land, which, in the opinion of the department, is capable of producing sufficient income to provide payment of the amortized contract installments, including principal, interest, and taxes. See California Military and Veterans Code 987.53
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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}
• Finding of suitability: means a finding that a person meets the qualification criteria described in subdivisions (a) and (b) of Section 19857, and that the person would not be disqualified from holding a state gambling license on any of the grounds specified in Section 19859. See California Business and Professions Code 19805
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• franchise: means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons by which:

  California Business and Professions Code 20001

• Fund: means the Veterans Farm and Home Building Fund of 1943 created by §. See California Military and Veterans Code 996.973
• Fund: means the Veterans Farm and Home Building Fund of 1943 created by Section 988. See California Military and Veterans Code 996.987
• Gambling: means to deal, operate, carry on, conduct, maintain, or expose for play a controlled game. See California Business and Professions Code 19805
• Gambling enterprise: means a natural person or an entity, whether individual, corporate, or otherwise, that conducts a gambling operation and that by virtue is required to hold a state gambling license under this chapter. See California Business and Professions Code 19805
• Gambling enterprise employee: means a natural person employed in the operation of a gambling enterprise, including, without limitation, dealers, floor personnel, security employees, countroom personnel, cage personnel, collection personnel, surveillance personnel, data-processing personnel, appropriate maintenance personnel, waiters and waitresses, and secretaries, or any other natural person whose employment duties require or authorize access to restricted gambling establishment areas. See California Business and Professions Code 19805
• gambling game: means a controlled game. See California Business and Professions Code 19805
• Gambling operation: means exposing for play one or more controlled games that are dealt, operated, carried on, conducted, or maintained for commercial gain. See California Business and Professions Code 19805
• 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 aviation: means all aviation with the exception of air carrier and military aviation. See California Business and Professions Code 9790
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Health insurance coverage: as used in this article includes all of the following:

  California Family Code 3750

• health insurance coverage assignment: includes vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan. See California Family Code 3760
• 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
• High-quality assessment: means an assessment designed to measure a pupil's knowledge of, understanding of, and ability to apply, critical concepts through the use of a variety of item types and formats, including, but not necessarily limited to, items that allow for constructed responses and items that require the completion of performance tasks. See California Education Code 60603
• Home: includes all of the following:

  California Military and Veterans Code 987.53

• Home appliance: means any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, garbage disposal, trash compactor, or room air-conditioner normally used or sold for personal, family, or household purposes. See California Civil Code 1791
• Home electronic product: means any television, radio, antenna rotator, audio or video recorder or playback equipment, video camera, video game, video monitor, computer equipment, telephone, telecommunications equipment, electronic alarm system, electronic appliance control system, or other kind of electronic product, if it is normally used or sold for personal, family, or household purposes. See California Civil Code 1791
• Hours of operation: means the period during which a gambling establishment is open to conduct the play of controlled games within a 24-hour period. See California Business and Professions Code 19805
• Impasse: means that the parties have reached a point in meeting and conferring at which their differences in positions are such that further meetings would be futile. See California Public Utilities Code 99560.1
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Implied warranty of fitness: means (1) that when the retailer, distributor, or manufacturer has reason to know any particular purpose for which the consumer goods are required, and further, that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods, then there is an implied warranty that the goods shall be fit for such purpose and (2) that when there is a sale of an assistive device sold at retail in this state, then there is an implied warranty by the retailer that the device is specifically fit for the particular needs of the buyer. See California Civil Code 1791.1
• In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
• Income and expense declaration: means the form for an income and expense declaration in family law matters adopted by the Judicial Council. See California Family Code 95
• 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 service dealer: means any individual, partnership, corporation, association, or other legal entity, not an employee or subsidiary of a manufacturer or distributor, that engages in the business of servicing and repairing consumer goods. See California Civil Code 1791
• Indian veteran: means a veteran, as defined in Section 980, who, in addition, either belongs to an Indian tribe, band, group, reservation, rancheria, or community which is recognized by the United States as eligible for services from the United States Bureau of Indian Affairs or is an Indian beneficiary and who is eligible under this article for purchase by the department of a home or farm sited on trust land. See California Military and Veterans Code 987.53
• 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 1798.3
• Induction period: means (1) the period beginning September 16, 1940, and ending December 6, 1941, and the period beginning January 1, 1947, and ending June 26, 1950, and (2) the period beginning on February 1, 1955, and ending on the day before the first day thereafter on which individuals (other than individuals liable for induction by reason of a prior deferment) are no longer liable for induction for training and service into the armed forces under the Universal Military Training and Service Act. See California Military and Veterans Code 890
• Industrial hygiene: means the science and art devoted to the anticipation, recognition, evaluation, and control of environmental factors or stresses which may cause sickness, impaired health and well-being, or significant discomfort and inefficiency among workers or among the citizens of a community. See California Business and Professions Code 20700
• Industrial hygiene certification organization: means a professional organization of certified industrial hygienists that has been established to improve the practice and educational standards of the profession of industrial hygiene through a certification process, by certifying industrial hygienists through an examination administered by the certification organization. See California Business and Professions Code 20700
• Initial license: means the license first issued to a person authorizing that person to commence the activities authorized by that license. See California Business and Professions Code 19805
• Institutional investor: means a retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees, an investment company registered under the Investment Company Act of 1940 (15 U. See California Business and Professions Code 19805
• Insurer: includes an insurance company and any person authorized to represent the insurer with respect to a claim. See California Business and Professions Code 9875
• Insurer: includes the State Compensation Insurance Fund and any private company, corporation, mutual association, and reciprocal or interinsurance exchange, authorized under the laws of this state to insure employers against liability for compensation under this part and under Division 4 (commencing with Section 3201), and any employer to whom a certificate of consent to self-insure has been issued. See California Labor Code 6302
• Intestate: Dying without leaving a will.
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Juror: A person who is on the jury.
• Key employee: means a natural person employed in the operation of a gambling enterprise in a supervisory capacity or empowered to make discretionary decisions that regulate gambling operations, including, without limitation, pit bosses, shift bosses, credit executives, cashier operations supervisors, gambling operation managers and assistant managers, managers or supervisors of security employees, or any other natural person designated as a key employee by the department for reasons consistent with the policies of this chapter. See California Business and Professions Code 19805
• Key employee license: means a state license authorizing the holder to be employed as a key employee. See California Business and Professions Code 19805
• language assistance: means oral interpretation or written translation into English of a language other than English or of English into another language for a party or witness who cannot speak or understand English or who can do so only with difficulty. See California Government Code 11435.05
• Layover: Informal term for a period of delay required by rule. For example, when a bill or other measure is reported from committee, it may be considered on the floor only after it "lies over" for one legislative day and after the written report has been available for two calendar days. Layover periods may be waived by unanimous consent.
• Lease: means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods' depreciation. See California Civil Code 1791
• Lessee: means an individual who leases consumer goods under a lease. See California Civil Code 1791
• Lessor: means a person who regularly leases consumer goods under a lease. See California Civil Code 1791
• License: means a gambling license, key employee license, or any other license issued by the commission pursuant to this chapter or regulations adopted pursuant to this chapter. See California Business and Professions Code 19805
• Licensed gambling establishment: means the gambling premises encompassed by a state gambling license. See California Business and Professions Code 19805
• licensed premises: except as otherwise defined in Section 19812, means one or more rooms where a controlled gambling or activity directly related to controlled gambling occurs. See California Business and Professions Code 19805
• 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.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Limited partnership: means a partnership formed by two or more persons having as members one or more general partners and one or more limited partners. See California Business and Professions Code 19805
• Lower explosive limit: means the lowest concentration at which a gas or vapor can be ignited or will explode. See California Labor Code 7951
• maintain: includes maintain, acquire, use, or disclose. See California Civil Code 1798.3
• Manufacturer: means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods. See California Civil Code 1791
• 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
• Meet and confer: means the performance of the mutual obligation of the public transit district employer and the exclusive representative of the public transit district employees to meet at reasonable times and to confer in good faith with respect to matters within the scope of representation and to endeavor to reach agreement on matters within the scope of representation. See California Public Utilities Code 99560.1
• Mine: means any excavation or opening above or below ground used for removal of ore, minerals, gravel, sand, rock, or other materials intended for manufacturing or sale. See California Labor Code 7951
• mineral right: means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold, absolute or fractional, corporeal or incorporeal, and includes express or implied appurtenant surface rights. See California Civil Code 883.110
• Mobilehome: means either a parcel of real estate, or an undivided interest in common in a portion of a parcel of real property, on which is sited one or more mobilehome modules, or a site in a mobilehome park, as defined in §. See California Military and Veterans Code 987.53
• month: means a calendar month, unless otherwise expressed. See California Civil Code 14
• Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Muck: means excavated dirt, rock, or other material. See California Labor Code 7951
• 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}
• offsite building: is a building that is situated on land that is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. See California Education Code 81130.5
• offsite building: is a building which is situated on land which is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. See California Education Code 81160
• on-premises advertising displays: means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, that has been designed, constructed, created, intended, or engineered to have a useful life of 15 years or more, and intended or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes:

  California Business and Professions Code 5490

• order: include a decree, as appropriate under the circumstances. See California Family Code 100
• Owner: as used in this chapter , means an owner, lessee, sublessee, or agent of the owner of a building or part of a building, including, but not limited to, the state or another public entity. See California Health and Safety Code 25919.5
• Owner licensee: means an owner of a gambling enterprise who holds a state gambling license. See California Business and Professions Code 19805
• Passenger tramway: includes any method or device used primarily for the purpose of transporting persons by means of cables or ropes suspended between two or more points or structures. See California Labor Code 7340
• Permissible equipment: means equipment tested and approved by the U. See California Labor Code 7951
• Permit: means a permit issued by the division to operate a passenger tramway in any place. See California Labor Code 7340
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
• Person: includes any individual, firm, corporation, association, copartnership, trust, business trust, or receiver or any trustee or conservator for any thereof, but does not include the state or any public corporation, political subdivision, city, county, district or any agency thereof or of the state. See California Education Code 81902
• Person: means one or more individuals, organizations, associations, corporations, boards, committees, commissions, agencies, or their representatives. See California Public Utilities Code 99560.1
• Person: includes a corporation as well as a natural person. See California Corporations Code 18
• 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
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
• person: means any individual, partnership, corporation, limited liability company, association, or other legal entity that engages in any of these businesses. See California Civil Code 1791
• person: means any natural person, corporation, partnership, limited liability company, firm, or association. See California Civil Code 1798.3
• Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
• personal information: means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individual's name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. See California Civil Code 1798.3
• Personal property: All property that is not real property.
• Personally identifiable information: includes a pupil's name and other direct personal identifiers, such as the pupil's identification number. See California Education Code 60603
• Petitioner: includes plaintiff, where appropriate. See California Family Code 126
• Place of business: means , for the purposes of any retail seller that sells consumer goods by catalog or mail order, the distribution point for consumer goods. See California Civil Code 1791
• Player: means a patron of a gambling establishment who participates in a controlled game. See California Business and Professions Code 19805
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• 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}
• 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
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See California Family Code 1610
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Proceeding: includes an action. See California Family Code 110
• 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
• Project: means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more community colleges, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the board as a project in providing for the issuance of revenue bonds. See California Education Code 81902
• Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See California Family Code 1610
• Property: includes real and personal property and any interest therein. See California Family Code 113
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public agency: means the state, or any county, city and county, city, municipal corporation, school district, irrigation district, water district, or other district. See California Military and Veterans Code 389
• Public employee: means any officer or employee of a public agency, except for those officers or employees of the state subject to the provisions of Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of . See California Military and Veterans Code 389
• Publicly traded racing association: means a corporation licensed to conduct horse racing and simulcast wagering pursuant to Chapter 4 (commencing with Section 19400) whose stock is publicly traded. See California Business and Professions Code 19805
• Purchase price: means the price that is paid for the acquisition of any farm or home. See California Military and Veterans Code 987.53
• Purchaser: means a veteran or any person who has entered into a contract of purchase of a farm or home from the department. See California Military and Veterans Code 987.53
• Qualified entity: means an entity that is responsible for making referrals of qualified tenants to qualified units. See California Military and Veterans Code 987.003
• Qualified racing association: means a corporation licensed to conduct horse racing and simulcast wagering pursuant to Chapter 4 (commencing with Section 19400) that is a wholly owned subsidiary of a corporation whose stock is publicly traded. See California Business and Professions Code 19805
• Qualified tenant: means an extremely low income veteran who is homeless. See California Military and Veterans Code 987.003
• Qualified unit: means a supportive housing unit restricted to extremely low income veterans pursuant to this article. See California Military and Veterans Code 987.003
• Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

  California Family Code 125

• Quorum: The number of legislators that must be present to do business.
• Recess: A temporary interruption of the legislative business.
• Recognized military service: means service as defined in §. See California Military and Veterans Code 389
• record: means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual's name, photograph, finger or voice print, or a number or symbol assigned to the individual. See California Civil Code 1798.3
• 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}
• regulatory agency: means the Department of Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions. See California Civil Code 1798.3
• Repairperson: means any person engaged in the business of repairing general aviation aircraft. See California Business and Professions Code 9790
• 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).
• Resale inspection: shall mean the inspection of boilers or tanks in the possession of a dealer or vendor at the request of a user who contemplates the purchase thereof. See California Labor Code 7725
• 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.
• Respondent: includes defendant, where appropriate. See California Family Code 127
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• retail buyer: means any individual who buys consumer goods from a person engaged in the business of manufacturing, distributing, or selling consumer goods at retail. See California Civil Code 1791
• retailer: means any individual, partnership, corporation, association, or other legal relationship that engages in the business of selling or leasing consumer goods to retail buyers. See California Civil Code 1791
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Sale: means either of the following:

  California Civil Code 1791

• School building: as used in this article , means any building used, or designed to be used, for community college purposes and constructed by the state, by any city, county, or city and county, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. See California Education Code 81050
• School building: as used in this article , means and includes any building used, or designed to be used, for community college purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, by any political subdivision, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. See California Education Code 81130.5
• School building: as used in this article excludes any building which is used for community college district administrative buildings located on a site separate from the community college campuses of the district, and into which students are not required to enter. See California Education Code 81160
• Secondary tenants: means a veteran who is homeless who has an income of up to 50 percent of the area median income and is receiving income as a result of service-connected disability benefits, or a veteran who is homeless and has an income of up to 60 percent of the area median income, but would otherwise have an income below 50 percent of area median income if not for their income as a result of service-connected disability. See California Military and Veterans Code 987.003
• Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• Service contract: means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair of a consumer product, except that this term does not include a policy of automobile insurance, as defined in §. See California Civil Code 1791
• Spousal support: means support of the spouse of the obligor. See California Family Code 142
• 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: includes "registered domestic partner" as required by §. See California Military and Veterans Code 19
• Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• Standards board: means the Occupational Safety and Health Standards Board, within the department. See California Labor Code 6302
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
• State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
• State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• state gambling license: means a license issued by the state that authorizes the person named therein to conduct a gambling operation. See California Business and Professions Code 19805
• 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 Food and Agricultural Code 49
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• 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 Government Code 16
• 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: includes , but is not limited to, all of the following:

  California Business and Professions Code 4996.20 v2

• Supervisor: as used in this chapter , means an individual who meets all of the following requirements:

  California Business and Professions Code 4996.20 v2

• Supervisory employee: means any employee of a public transit district, regardless of job description, having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to assign work to and direct them, or to adjust their grievances, or effectively recommend such action if, in connection with these functions, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. See California Public Utilities Code 99560.1
• Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
• support order: means a child, family, or spousal support order. See California Family Code 3650
• Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
• system of records: means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. See California Civil Code 1798.3
• Tank: as used in this part , means any unfired pressure vessel, subject to this part, used for the storage of air pressure or liquefied petroleum gases. See California Labor Code 7622
• temporary military leave of absence: means a leave of absence from public employment to engage in ordered military duty for a period which by the order is not to exceed 180 calendar days including travel time for purposes of active military training, encampment, naval cruises, special exercises or like activity as a member of the reserve corps or force of the armed forces of the United States, or the National Guard, or the Naval Militia. See California Military and Veterans Code 389
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• transit district employee: means any supervisory employee of any public transit district employer except for confidential employees. See California Public Utilities Code 99560.1
• transit district employer: means the governing board of a public transit district, including any person acting as an agent of an employer. See California Public Utilities Code 99560.1
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Tunnel: means an underground passageway, excavated by men and equipment working below the earth's surface, that provides a subterranean route along which men, equipment, or substances can move. See California Labor Code 7951
• Underground mine: means a mine that consists of a subterranean excavation. See California Labor Code 7951
• 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 served in the active military, naval, or air service of the United States, or as a member of the National Guard who was called to and released from active duty or active service, for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period. See California Military and Veterans Code 987.003
• Veterans: means (1) any person who served in the Army, Navy, or Marine Corps of the United States and was killed in action or died as a result of war service in the World War since April 6, 1917. See California Military and Veterans Code 890
• Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
• war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Military and Veterans Code 18
• Work permit: means any card, certificate, or permit issued by the commission, or by a county, city, or city and county, whether denominated as a work permit, registration card, or otherwise, authorizing the holder to be employed as a gambling enterprise employee or to serve as an independent agent. See California Business and Professions Code 19805
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.