Chapter 1 Provisions Applying to All Employees
Chapter 2.5 Qualifications for Community College Personnel
Chapter 3 Employment
Chapter 4 Classified Employees

Terms Used In California Codes > Education Code > Title 3 > Division 7 > Part 51

  • Acquire: includes acquisition by gift, purchase, lease, eminent domain, or otherwise. See California Government Code 12271
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • 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.
  • Affordable rental housing: means a rental housing development, as defined in subdivision (d) of Section 50675. See California Government Code 12098.4
  • Agency: means any statewide office, nonelective officer, department, division, bureau, board, commission or agency in the executive branch of the state government, except that it shall not apply to any agency whose primary function is service to the Legislature or judicial branches of state government or to any agency that is administered by an elective officer. See California Government Code 12080
  • agreement: means the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable laws. See California Education Code 78031
  • Allegation: something that someone says happened.
  • 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.
  • Anadromous fish: means fish which spawn in fresh water and spend a portion of their lives in the ocean. See California Government Code 51914
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Approved program: means a program for the education of physician assistants that has been formally approved by the board. See California Education Code 87706
  • Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Government Code 51917
  • Archival value: means the ongoing usefulness or significance of a record based on the administrative, legal, fiscal, evidential, or historical information it contains, justifying its permanent preservation. See California Government Code 12271
  • area median income: means the median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. See California Public Resources Code 4649
  • Armed forces: means the United States Air Force, Army, Navy, Marine Corps, or Coast Guard. See California Education Code 88113
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • 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.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • ballot: means any of the following:

    California Education Code 88078

  • Ballot card: means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. See California Education Code 88079
  • Ballot title and summary: means the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. See California Education Code 88083
  • Bank: means a person engaged in the business of banking, and includes a savings bank, savings and loan association, credit union, and trust company. See California Education Code 78031
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bird: means a wild bird or part of a wild bird. See California Government Code 51920
  • Board: means the Board of Psychology. See California Education Code 85241
  • board: means the State Board of Optometry. See California Education Code 87417
  • Board: means the Physician Assistant Board. See California Education Code 87706
  • Board: means the Respiratory Care Board of California. See California Education Code 88066
  • Board: means the governing board of a community college district. See California Education Code 56366.12
  • board of supervisors: means the board of supervisors of the county within which the city or territory is situated. See California Government Code 16367.8
  • Bonds: means bonds, notes, or other evidence of indebtedness issued by a local agency pursuant to Part 2 (commencing with Section 55100) of this division, including bonds issued to refund previously issued bonds or other indebtedness. See California Government Code 12100.62
  • Branch: includes a separately incorporated foreign branch of a bank. See California Education Code 78031
  • Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Government Code 51921
  • Buyer in ordinary course of business: means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. See California Education Code 78031
  • Casualty broker-agent: means a person licensed pursuant to Section 1625. See California Education Code 32061
  • Chambers: A judge's office.
  • Circulating title and summary: means the text that is required to be placed on a petition for signatures that is either one of the following:

    California Education Code 88083

  • City: includes city and county. See California Education Code 17322
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
  • Classification: means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. See California Education Code 88001
  • 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 Education Code 88087
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • Commissioner: means the Insurance Commissioner of this State. See California Education Code 25022.5
  • Commissioner: means any county agricultural commissioner. See California Education Code 19957.5
  • committee: means a diversion evaluation committee. See California Education Code 87788
  • Community college: means a community college maintained by the district issuing bonds under this chapter. See California Education Code 56366.12
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conduit: includes pipe, millrace, ditch, flume, siphon, tunnel, canal, and any other conduit or diversion used for the purpose of taking or receiving water from any river, creek, stream, or lake. See California Government Code 12098.6
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1303. See California Education Code 78031
  • Conversion coverage: means health insurance benefits providing hospital, surgical, major medical, or comprehensive medical coverage issued to an individual under a converted policy. See California Government Code 12186
  • Converted policy: means a policy or contract providing conversion coverage issued by an insurance company or by a hospital service corporation, or individual hospital, surgical, major medical, or comprehensive medical coverage otherwise provided by a policyholder to its employees or members. See California Government Code 12186
  • County: includes "city and county. See California Education Code 17491
  • County: includes "city and county. See California Education Code 1915
  • County: includes city and county. See California Government Code 51925
  • County: includes city and county. See California Education Code 19428
  • County: includes city and county. See California Education Code 24937
  • 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 56366.12
  • County: includes "city and county. See California Education Code 25018.5
  • County officer: means any elected officer enumerated in Division 2 (commencing with Section 24000) of Title 3 of the Government Code. See California Education Code 88093
  • 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 56366.12
  • 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: includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. See California Education Code 78031
  • Dam: includes all artificial obstructions. See California Government Code 12098.6
  • Day: means calendar day, and "week" means calendar week. See California Government Code 51927
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Delegation of services agreement: means the writing that delegates to a physician assistant from a supervising physician the medical services the physician assistant is authorized to perform consistent with subdivision (a) of Section 1399. See California Education Code 87706
  • Demotion: means assignment to an inferior position or status without the employee's written voluntary consent. See California Education Code 88001
  • department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
  • Department: means the Department of Consumer Affairs. See California Education Code 88066
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • department: means State Department of Health Services. See California Education Code 24943
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • depressed: means the condition of a fishery that exhibits declining fish population abundance levels below those consistent with maximum sustainable yield. See California Government Code 52005
  • Director: means the Director of Fish and Wildlife. See California Government Code 51929
  • Director: means "State Director of Health Services. See California Education Code 24944
  • disaster: means a war or enemy-caused calamity occurring in the State of California, such as an attack by nuclear weapons, as a result of which the incumbent Governor is either killed, missing or so seriously injured as to be unable to perform his duties. See California Government Code 12060
  • Disciplinary action: includes any action whereby an employee is deprived of any classification or any incident of any classification in which he or she has permanence, including dismissal, suspension, demotion, or any reassignment, without his or her voluntary consent, except a layoff for lack of work or lack of funds. See California Education Code 88001
  • dissenting interest: means the interest of a member that satisfies all of the following conditions:

    California Education Code 87770

  • dissenting member: means the recordholder of a dissenting interest, and includes an assignee of record of that interest. See California Education Code 87770
  • District: means fish and game district. See California Government Code 51929.5
  • Document of title: includes a bill of lading, dock warrant, dock receipt, warehouse receipt, or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. See California Education Code 78031
  • Elections official: means any of the following:

    California Education Code 88100

  • 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 Education Code 88101
  • Eligible building: means a building existing on the effective date of this section which is identified as hazardous pursuant to Article 4 (commencing with Section 19160) of Chapter 2 of Part 3 of Division 13, with the exception of the following:

    California Government Code 12100.62

  • Eligible costs: means all costs, including costs of design, preparation, and inspection incurred in making structural or other modifications to an eligible building, which are required in order to meet reconstruction standards established by a local ordinance pursuant to Sections 19162, 19163, and 19163. See California Government Code 12100.62
  • 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
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Education Code 17495
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • faculty service area: means a service or instructional subject area or group of related services or instructional subject areas performed by faculty and established by a community college district. See California Education Code 87743.1
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal election: means any presidential election, general election, primary election, or special election held solely or in part for the purpose of selecting, nominating, or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, or Member of the United States House of Representatives. See California Education Code 88103
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Financing: means a loan made by the local agency pursuant to this division to the owner of an eligible building for eligible costs and which is secured by a deed of trust or mortgage upon the real property improved thereby. See California Government Code 12100.62
  • 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.
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
  • Fishery: means both of the following:

    California Government Code 52008

  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • 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
  • frog: means all species of frog. See California Government Code 12402
  • frog-jumping contest: means a contest generally and popularly known as a frog-jumping contest which is open to the public and is advertised or announced in a newspaper. See California Government Code 12410
  • Genuine: means free of forgery or counterfeiting. See California Education Code 78031
  • Good faith: except as otherwise provided in Division 5 (commencing with Section 5101), means honesty in fact and the observance of reasonable commercial standards of fair dealing. See California Education Code 78031
  • good faith improver: means :

    California Government Code 12324

  • Grantor: The person who establishes a trust and places property into it.
  • Group policy: means a group health insurance policy providing medical, hospital, surgical, major medical, or comprehensive medical coverage issued by an insurer, a group contract issued by a hospital service corporation, or medical, hospital, surgical, major medical, or comprehensive medical coverage otherwise provided by a policyholder to its employees or members, except for self-insurance programs provided by employers that are not exempt from the federal Employee Retirement Income Security Act of 1974 (ERISA), as specified in subdivision (i). See California Government Code 12186
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Holder: means :

    California Education Code 78031

  • Hydrostatic testing: means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium. See California Government Code 16384
  • 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.
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • instructional aide: means a person employed to assist classroom instructors and other faculty in the performance of their duties and in the supervision of students and in instructional tasks which, in the judgment of the faculty to whom the instructional aide is assigned, may be performed by a person not qualified as a classroom instructor. See California Education Code 88243
  • Insurance: refers to health insurance, major medical, or comprehensive coverage paid by premium or contribution under a group policy, a hospital service contract, or as otherwise provided by a policyholder to its employees or members other than by self-insuring except in the case of a plan that is exempt from ERISA, but does include an employer plan that is exempt from ERISA as specified in subdivision (i). See California Government Code 12186
  • Insurer: means the entity issuing a group policy, an individual or converted policy, a hospital service contract or an employer or employee organization otherwise providing medical, hospital, surgical, major medical, or comprehensive medical coverage to its employees or members. See California Government Code 12186
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • item: includes but is not limited to any paper, document, book, map, or other type of record. See California Government Code 12220
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judicial officer: means any Justice of the Supreme Court, justice of a court of appeal, or judge of the superior court. See California Education Code 88106
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Government Code 51933
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 16367.71
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • licensed clinic: means a clinic licensed pursuant to Article 1 (commencing with Section 1200) of Chapter 1 of Division 2 of the Health and Safety Code. See California Education Code 89260
  • Licensed psychologist: means an individual to whom a license has been issued pursuant to the provisions of this chapter, which license is in force and has not been suspended or revoked. See California Education Code 85241
  • licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Education Code 32080
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Education Code 17351
  • Licentiate: 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 Education Code 17331
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
  • Local agency: means a city, county, or city and county. See California Government Code 12100.62
  • Local election: is a municipal, county, or district election. See California Education Code 88107
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Government Code 51934
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Education Code 88108
  • Medical director: means a physician and surgeon who is a member of a health care facility's active medical staff and who is knowledgeable in respiratory care. See California Education Code 88066
  • Medical records review meeting: means a meeting between the supervising physician and surgeon and the physician assistant during which medical records are reviewed to ensure adequate supervision of the physician assistant functioning under protocols. See California Education Code 87706
  • Medicare: means Title XVIII of the United States Social Security Act as added by the Social Security Amendments of 1965 or as later amended or superseded. See California Government Code 12186
  • Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Government Code 51936
  • Military or overseas voter: means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following:

    California Education Code 88076

  • Money: means a medium of exchange currently authorized or adopted by a domestic or foreign government. See California Education Code 78031
  • month: means a calendar month, unless otherwise expressed. See California Education Code 17413
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • Municipal election: means elections in general law cities and where applicable in chartered cities. See California Education Code 88109
  • 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
  • Native amphibians: as used in this article means salamanders, toads, or any other member of the class amphibia native to California. See California Government Code 12413
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Government Code 51937
  • 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.
  • Nomination documents: means declaration of candidacy and nomination papers. See California Education Code 88113
  • Nonresident: means a person who is not a resident as defined in Section 70. See California Government Code 51938
  • Oath: includes affirmation. See California Education Code 17324
  • Oath: includes affirmation. See California Education Code 88115
  • Oath: includes an affirmation or declaration. See California Education Code 17389
  • Oath: includes affirmation. See California Education Code 19423
  • Oath: A promise to tell the truth.
  • onsale general license: includes a special onsale general license. See California Government Code 12020
  • Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Government Code 51939.2
  • optometrist: means a person who is licensed to practice optometry in this state under the authority of this chapter. See California Education Code 87416
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Organization: means a person other than an individual. See California Education Code 78031
  • Other specified medical services: means tests or examinations performed or ordered by a physician assistant practicing in compliance with this chapter or regulations of the Medical Board of California promulgated under this chapter. See California Education Code 87706
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: includes the United States (except that for the purpose of Sections 5901, 5931, 5933, and 5938, "owner" does not include the United States as to any dam in the condition the dam existed on September 15, 1945), the State, a person, political subdivision, or district (other than a fish and game district) owning, controlling or operating a dam or pipe. See California Government Code 12098.6
  • Paper cast vote record: means an auditable document that corresponds to the selection made on the voter's ballot and lists the contests on the ballot and the voter's selections for those contests. See California Education Code 88086
  • permanent employee: includes tenure in the classification in which the employee passed the required probationary period and includes all of the incidents of that classification. See California Education Code 88001
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 25022
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See California Education Code 78031
  • Person: includes a corporation as well as a natural person. See California Education Code 17496
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • person: includes an unincorporated association. See California Government Code 12325
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Education Code 19426
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17389
  • Personal property: All property that is not real property.
  • Persons and families of low or moderate income: includes very low income households, as defined in Section 50105, extremely low income households, as defined in Section 50106, and lower income households as defined in Section 50079. See California Public Resources Code 4649
  • Physician assistant: means a person who meets the requirements of this chapter and is licensed by the board. See California Education Code 87706
  • Pipeline: includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility which is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five such facilities in the state. See California Government Code 16384
  • place of practice: means any location where optometry is practiced. See California Education Code 87418
  • 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.
  • 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.
  • Policyholder: means the holder of a group policy issued by an insurer, a holder of a group contract issued by a hospital service corporation or an employer, employee association, or other entity otherwise providing medical, hospital, surgical, major medical, or comprehensive medical coverage on a group basis to its employees or members. See California Government Code 12186
  • 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 Education Code 88123
  • 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
  • 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.
  • 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 Education Code 88124
  • Premium: means contribution or other consideration paid or payable for coverage under a group policy or converted policy. See California Government Code 12186
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
  • Program manager: means the staff manager of the diversion program, as designated by the executive officer of the board. See California Education Code 87706
  • 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 56366.12
  • property: includes property real and personal. See California Education Code 17413
  • Property: includes both personal and real property. See California Education Code 17389
  • Property broker-agent: means a person licensed pursuant to Section 1625. See California Education Code 32061
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public record plant: means the plant, or any part thereof, or any record therein, of any person engaged in the business of searching or publishing public records or insuring or guaranteeing titles to real property, including copies of public records or abstracts and memoranda taken from public records that are owned by or in possession of that person or that are used by that person in his or her business. See California Government Code 12271
  • Punchcard: means a tabulating card on which the voter may record his or her vote by punching, marking, or slotting. See California Education Code 88130
  • Punching: includes marking a ballot card to record a vote. See California Education Code 88131
  • Purchase: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See California Education Code 78031
  • Purchase: means "buy" as defined in Section 24. See California Government Code 51942
  • Purchaser: means a person that takes by purchase. See California Education Code 78031
  • Quorum: The number of legislators that must be present to do business.
  • Real estate investment trust: as used in this part means any unincorporated association or trust formed to engage in business and managed by, or under the direction of, one or more trustees for the benefit of the holders or owners (hereinafter in this part "shareowners") of transferable shares of beneficial interest in the trust estate (hereinafter in this part "shares") and that meets one of the following two tests:

    California Education Code 88023

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Reclassification: means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in that position. See California Education Code 88001
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Education Code 78031
  • 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
  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Education Code 88136
  • Regulations: means the rules and regulations as set forth in Chapter 13. See California Education Code 87706
  • 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
  • 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.
  • Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Education Code 78031
  • Remote accessible vote by mail system: means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. See California Education Code 88081
  • Reorganization: means :

    California Government Code 12080

  • 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: means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. See California Education Code 78031
  • Resident: means residing in this State, "nonresident" means not residing in this State. See California Education Code 32040
  • Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code. See California Government Code 51943
  • Resolution: means a resolution of either house of the Legislature resolving as follows:

    California Government Code 12080

  • Respiratory care: includes "respiratory therapy" or "inhalation therapy" where those terms mean respiratory care. See California Education Code 88066
  • Respiratory therapy school: means a program reviewed and approved by the board. See California Education Code 88066
  • Right: includes remedy. See California Education Code 78031
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Routine visual screening: means uninvasive nonpharmacological simple testing for visual acuity, visual field defects, color blindness, and depth perception. See California Education Code 87706
  • School officer: means the Superintendent of Public Instruction and the superintendent of schools of a county. See California Education Code 88162
  • season: means "open season. See California Government Code 51939.2
  • Secretary: means the Secretary of Food and Agriculture. See California Education Code 19961
  • Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Education Code 78031
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Government Code 51945
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes either of the following:

    California Education Code 88166

  • 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 Education Code 17494
  • Signed: includes using any symbol executed or adopted with present intention to adopt or accept a writing. See California Education Code 78031
  • 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 Education Code 88167
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Education Code 88167.5
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17317
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 88168
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 78031
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 25018.1
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 32033
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Education Code 78031
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 51950
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 19427
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • State agency: includes every state office, officer, department, division, bureau, board, authority, and commission. See California Education Code 88066
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State Board of Optometry: shall be deemed to refer to the "California State Board of Optometry. See California Education Code 87417
  • Statewide election: is a n election held throughout the state. See California Education Code 88180
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • stock: means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. See California Government Code 52032
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Education Code 17486
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Government Code 51944
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 19970
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • supervising physician and surgeon: means a physician and surgeon licensed by the Medical Board of California or by the Osteopathic Medical Board of California who supervises one or more physician assistants, who possesses a current valid license to practice medicine, and who is not currently on disciplinary probation for improper use of a physician assistant. See California Education Code 87706
  • supervision: means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. See California Education Code 56363
  • Supervision: means that a licensed physician and surgeon oversees the activities of, and accepts responsibility for, the medical services rendered by a physician assistant. See California Education Code 87706
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Government Code 51951
  • 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.
  • Term: means a portion of an agreement that relates to a particular matter. See California Education Code 78031
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • 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.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transport: includes offer or receive for transportation. See California Government Code 51952
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Government Code 12098.6
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • vehicle air-conditioner: means mechanical vapor compression refrigeration equipment used to cool the driver's or passenger compartment of any motor vehicle. See California Government Code 12060
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: as used in this article means any person who has served in the United States armed forces in time of war, or national emergency declared by the President of the United States of America, and who has been discharged or released under conditions other than dishonorable, proof of which shall be submitted to the commission at the time of the examination. See California Education Code 88113
  • Vote center: means a location established for holding elections that offers the services described in Sections 2170, 4005, and 4007. See California Education Code 88181
  • Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Education Code 88185
  • 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 Education Code 88186
  • 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 Education Code 88190
  • 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 Education Code 88191
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Government Code 52001
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Education Code 17389
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • Writing: includes printing and typewriting. See California Education Code 17389
  • Writing: includes printing, typewriting, or any other intentional reduction to tangible form. See California Education Code 78031