Terms Used In California Codes > Business and Professions Code > Division 7 > Part 3 > Chapter 1 > Article 1.4 - Telephonic Sellers

• Access: means the ability to receive, use, select, and manipulate data and operate controls included in voting technology and systems. See California Elections Code 19241
• Acquisition: means the acquisition of a fee interest or any other interest in real property including easements, leases and development rights. See California Public Resources Code 75005
• Adequate progress: means all of the following:

  California Government Code 65007

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeals board: means the California Unemployment Insurance Appeals Board. See California Government Code 19878
• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• Board: means the Wildlife Conservation Board. See California Public Resources Code 75005
• board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
• California Water Plan: means the California Water Plan Update Bulletin 160-05 and subsequent revisions and amendments. See California Public Resources Code 75005
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• City: includes city and county. See California Business and Professions Code 18
• Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
• Committee: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Finance Committee created by Section 80162. See California Public Resources Code 80002
• Community access: means engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low-income communities, to natural or cultural resources, community education, or recreational amenities. See California Public Resources Code 80002
• Conservation actions on private lands: means projects with willing landowners that involve the adaptive flexible management or protection of natural resources in response to changing conditions and threats to habitat and wildlife. See California Public Resources Code 80002
• Conviction: A judgement of guilt against a criminal defendant.
• County: includes city and county. See California Business and Professions Code 17
• County: includes "city and county. See California Public Resources Code 14
• Defect: means any flaw in the hardware or documentation of a voting system that could result in a state of unfitness for use or nonconformance to the manufacturer's specifications or applicable law. See California Elections Code 19210
• Delta: means the Sacramento-San Joaquin River Delta. See California Public Resources Code 75005
• Department: means the Department of Water Resources. See California Public Resources Code 75005
• Department: means the Department of Parks and Recreation. See California Public Resources Code 80002
• Department: means the Department of Human Resources. See California Government Code 19815
• Department: means the Department of Justice. See California Business and Professions Code 17511.2
• Development: includes , but is not limited to the physical improvement of real property including the construction of facilities or structures. See California Public Resources Code 75005
• Director: means the Director of the Department of Human Resources. See California Government Code 19815
• disabled: includes mental or physical illness and mental or physical injury, including any illness or injury resulting from pregnancy, childbirth, or related medical condition. See California Government Code 19878
• Disadvantaged community: means a community with a median household income less than 80% of the statewide average. See California Public Resources Code 75005
• Disadvantaged community: means a community with a median household income less than 80 percent of the statewide average. See California Public Resources Code 80002
• Division: means the Division of Labor Relations. See California Government Code 19815
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Election: means any election including a primary that is provided for under this code. See California Elections Code 318
• Electioneering: means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within the 100 foot limit specified in subdivision (b). See California Elections Code 319.5
• Elections official: means the county elections official, registrar of voters, or city clerk. See California Elections Code 18546
• Elections official: means any of the following:

  California Elections Code 320

• Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
• 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: means any of the following:

  California Government Code 19878

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Executor: A male person named in a will to carry out the decedent
• Failure: means a discrepancy between the external results of the operation of any software or firmware in a voting system and the manufacturer's product requirements for that software or firmware or applicable law. See California Elections Code 19210
• Family Care Leave benefits: means benefits authorized by Section 19878. See California Government Code 19878
• Fault: means a step, process, or data definition in any software or firmware in a voting system that is incorrect under the manufacturer's program specification or applicable law. See California Elections Code 19210
• firefighter: shall be deemed to include a member of a fire department or fire service of the state, including the University of California, whether these members are volunteer, partly paid, or fully paid, excepting those whose principal duties are clerical, such as stenographers, telephone operators and other workers not engaged in fire-suppression or rescue operations or the protection or preservation of life or property. See California Government Code 19886
• Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Government Code 65007
• Fraud: Intentional deception resulting in injury to another.
• Full pay: means the gross base salary earnable by the employee and subject to retirement contribution if he had not vacated his position. See California Government Code 19870
• Full pay: means the gross base salary earnable by the employee, and subject to retirement contribution on the date of the commencement of the employee's disability. See California Government Code 19878
• Fund: means the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006. See California Public Resources Code 75005
• Fund: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund, created by Section 80032. See California Public Resources Code 80002
• General election: means either of the following:

  California Elections Code 324

• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Immediate vicinity: means the area within a distance of 100 feet from the room or rooms in which the voters are signing the roster and casting ballots. See California Elections Code 18546
• Industrial disability leave: means temporary disability as defined in Divisions 4 (commencing with Section 3201) and 4. See California Government Code 19870
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interpretation: includes , but is not limited to, a visitor serving amenity that educates and communicates the significance and value of natural, historical, and cultural resources in a way that increases the understanding and enjoyment of these resources and that may utilize the expertise of a naturalist or other specialist skilled at educational interpretation. See California Public Resources Code 75005
• Interpretation: includes , but is not limited to, a visitor-serving amenity that enhances the ability to understand and appreciate the significance and value of natural, historical, and cultural resources and that may utilize educational materials in multiple languages, digital information, and the expertise of a naturalist or other skilled specialist. See California Public Resources Code 80002
• Item: means any goods and services, and includes coupon books which are to be used with businesses other than the seller's business. See California Business and Professions Code 17511.2
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local conservation corps: means a program operated by a public agency or nonprofit organization that meets the requirements of Section 14406. See California Public Resources Code 75005
• Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
• 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.
• Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
• Nonprofit organization: means any nonprofit corporation qualified to do business in California, and qualified under Section 501?(c)(3) of the Internal Revenue Code. See California Public Resources Code 75005
• Nonvisual: means synthesized speech, braille, and other output methods that do not require sight. See California Elections Code 19241
• Owner: means a person who owns or controls 10 percent or more of the equity of, or otherwise has claim to 10 percent or more of the net income of, a telephonic seller. See California Business and Professions Code 17511.2
• Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
• Person: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See California Business and Professions Code 17511.2
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
• Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
• Preservation: means rehabilitation, stabilization, restoration, development, and reconstruction, or any combination of those activities. See California Public Resources Code 75005
• Preservation: means rehabilitation, stabilization, restoration, conservation, development, and reconstruction, or any combination of those activities. See California Public Resources Code 80002
• Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
• Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See California Business and Professions Code 17511.2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• prospective purchaser: means a person who is solicited to become or does become obligated to a telephonic seller. See California Business and Professions Code 17511.2
• Protection: means those actions necessary to prevent harm or damage to persons, property or natural resources or those actions necessary to allow the continued use and enjoyment of property or natural resources and includes acquisition, development, restoration, preservation and interpretation. See California Public Resources Code 75005
• Protection: means those actions necessary to prevent harm or damage to persons, property, or natural, cultural, and historic resources, actions to improve access to public open-space areas, or actions to allow the continued use and enjoyment of property or natural, cultural, and historic resources, and includes site monitoring, acquisition, development, restoration, preservation, and interpretation. See California Public Resources Code 80002
• Reduced worktime: as used in this article , means employment of less than 40 hours of work per week, and includes arrangements involving job sharing, four-, five-, or six-hour workdays, jobs which provide eight hours of employment or less for one, two, three, four or five days per week, and such other arrangements which the department finds consistent with maximum employment opportunity to employees desiring other than a standard worktime. See California Government Code 19996.20
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features includes, but is not limited to, projects for the control of erosion, the control and elimination of exotic species, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, and other plant and wildlife habitat improvement to increase the natural system value of the property. See California Public Resources Code 75005
• Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes, but is not limited to, projects for the control of erosion, stormwater capture and storage or to otherwise reduce stormwater pollution, the control and elimination of invasive species, the planting of native species, the removal of waste and debris, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, improving instream, riparian, or managed wetland habitat conditions, and other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resource. See California Public Resources Code 80002
• Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
• Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Government Code 65007
• Salesperson: means any individual employed, appointed or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See California Business and Professions Code 17511.2
• Secretary: means the Secretary of the Resources Agency. See California Public Resources Code 75005
• seller: means a person who, on their own behalf or through salespersons or through the use of an automatic dialing-announcing device, as defined in §. See California Business and Professions Code 17511.1
• Service of process: The service of writs or summonses to the appropriate party.
• Signature: includes either of the following:

  California Elections Code 354.5

• Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
• Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• State Board: means the State Water Resources Control Board. See California Public Resources Code 75005
• Statewide election: is a n election held throughout the state. See California Elections Code 357
• Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
• supervised financial institution: means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, finance lender or broker, or insurer, provided that the institution is subject to supervision by an official or agency of this state or of the United States. See California Business and Professions Code 17511.1
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Government Code 65007
• Urban level of flood protection: means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of Water Resources. See California Government Code 65007
• Venue: The geographical location in which a case is tried.
• Vote tabulating device: means any piece of equipment, other than a voting machine, that compiles a total of votes cast by means of ballot card sorting, ballot card reading, paper ballot scanning, electronic data processing, or a combination of that type of equipment. See California Elections Code 358
• Voter: means any elector who is registered under this code. See California Elections Code 359
• Voter list: means the list of registered voters in a single or consolidated precinct or in an entire county. See California Elections Code 359.2
• Voting device: means any device used in conjunction with a ballot card or cards to indicate the choice of the voter by marking, punching, or slotting the ballot card. See California Elections Code 360
• Voting machine: means any electronic device, including, but not limited to, a precinct optical scanner and a direct recording voting system, into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of printouts or other tangible, human-readable records, furnishes a total of the number of votes cast for each candidate and for or against each measure. See California Elections Code 361
• Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Elections Code 362
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.