California Codes > Government Code > Title 2 > Division 3 > Part 1 – STATE DEPARTMENTS AND AGENCIES
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Terms Used In California Codes > Government Code > Title 2 > Division 3 > Part 1 - STATE DEPARTMENTS AND AGENCIES
- Abbreviated contract of admission: means a contract which meets the provisions of this chapter, except as otherwise provided, for a resident who is receiving respite care services, as defined in Section 1418. See California Health and Safety Code 1599.60
- Access: means a personal inspection and review of a record or an accurate copy of a record, or an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record. See California Education Code 76210
- Accrediting organization: means an organization approved by the board. See California Business and Professions Code 2506
- Action: means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. See California Code of Civil Procedure 676.1
- action taken: means a collective decision made by the members of a state body, a collective commitment or promise by the members of the state body to make a positive or negative decision or an actual vote by the members of a state body when sitting as a body or entity upon a motion, proposal, resolution, order or similar action. See California Government Code 11122
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Administering agency: means the agency designated by the committee pursuant to Section 25262. See California Health and Safety Code 25260
- administrative costs: means the amounts expended by the Legislature, the Legislative Counsel Bureau, the Governor's Office, the Department of Technology, the Office of Planning and Research, the Department of Justice, the State Controller's Office, the State Treasurer's Office, the State Personnel Board, the Department of Finance, the Department of Financial Information System for California, the Office of Administrative Law, the Department of Human Resources, the Secretary of California Health and Human Services, the California State Auditor's Office, the Department of General Services, and the California State Library, and a proration of any other cost to or expense of the state for services or facilities provided for the Legislature and the above agencies, for supervision or administration of the state government or for services to other state agencies. See California Government Code 11270
- Advisory team: means the team convened by the committee pursuant to Section 25263. See California Health and Safety Code 25260
- 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
- Affinity: signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation. See California Code of Civil Procedure 17
- Agency: means any city, county, district, commission, the state, or any department, agency, or political subdivision thereof, that has jurisdiction under a state or local law, ordinance, or regulation to supervise, oversee, or approve a site investigation and a remedial action at a hazardous materials release site. See California Health and Safety Code 25260
- 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
- Allegation: something that someone says happened.
- 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
- 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
- Assistance: means direct financial assistance for a multifamily housing development, including, but not limited to, assistance provided pursuant to this division by the department or agency, and mortgage and construction financing provided by a public agency. See California Health and Safety Code 19903
- Assisted reproduction: means conception by any means other than sexual intercourse. See California Family Code 7606
- Assisted reproduction agreement: means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract. See California Family Code 7606
- Audiology aide: means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. See California Business and Professions Code 2530.2
- Bank-offered spot rate: means the spot rate of exchange at which a bank will sell foreign money at a spot rate. See California Code of Civil Procedure 676.1
- 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: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
- Board: means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. See California Business and Professions Code 2530.2
- Board: means the Podiatric Medical Board of California. See California Business and Professions Code 2461
- Board: means the Medical Board of California. See California Business and Professions Code 2506
- Broker: means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee. See California Business and Professions Code 19225.5
- 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
- Bureau: refers to the Bureau of Household Goods and Services, as established in Section 9810. See California Business and Professions Code 19225.5
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- certificate: as used in this chapter are deemed to be synonomous. See California Business and Professions Code 2040
- Certified nurse-midwife: means a person to whom a certificate has been issued pursuant to Article 2. See California Business and Professions Code 2506
- Cerumen removal: means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. See California Business and Professions Code 2530.2
- Chambers: A judge's office.
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Chief: means the Chief of the Office of Information Security. See California Government Code 11549.1
- Chief: refers to the chief of the bureau. See California Business and Professions Code 19225.5
- 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" and "incorporated town. See California Streets and Highways Code 15
- City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Unemployment Insurance Code 13
- City: includes city and county. See California Harbors and Navigation Code 15
- City: includes every city and city and county within this State. See California Vehicle Code 255
- coin dealer: means any person, firm, partnership, or corporation whose principal business is the buying, selling, and trading of coins, monetized bullion, or commercial grade ingots of gold, or silver, or other precious metals. See California Business and Professions Code 21626
- Commercial grade ingots: means 0. See California Business and Professions Code 21627
- commercial user: means any person who deals in or engages in the business of selling bunk beds or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to bunk beds, or any person who sells bunk beds. See California Health and Safety Code 24532
- Commission: means the California Gambling Control Commission. See California Business and Professions Code 19805
- Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
- Committee: means the Site Designation Committee created by Section 25261. See California Health and Safety Code 25260
- Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
- Construction: includes :
California Streets and Highways Code 29
- Consumer: means an individual, firm, partnership, association or corporation who buys for his or her own use, or for the use of another, but not for resale. See California Business and Professions Code 21500
- Contract of admission: includes all documents which a resident or his or her representative must sign at the time of, or as a condition of, admission to a long-term health care facility, as defined in Section 1326. See California Health and Safety Code 1599.60
- 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
- Conversion date: means the banking day next preceding the date on which money, in accordance with this title, is (i) paid to a claimant in an action or distribution proceeding, (ii) paid to the official designated by law to enforce a judgment or award on behalf of a claimant, or (iii) used to recoup, setoff, or counterclaim in different moneys in an action or distribution proceeding. See California Code of Civil Procedure 676.1
- Corporation: includes a corporation, a company, an association, and a joint stock association. See California Business and Professions Code 19225.5
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County: includes city and county. See California Unemployment Insurance Code 14
- County: includes city and county. See California Harbors and Navigation Code 14
- County: includes city and county. See California Health and Safety Code 14
- County: includes every county and city and county within this State. See California Vehicle Code 270
- County: includes "city and county. See California Code of Civil Procedure 17
- County: includes "city and county. See California Public Resources Code 14
- County: includes city and county. See California Family Code 67
- County: includes "city and county. See California Streets and Highways Code 14
- Decedent: A deceased person.
- Defendant: means a person (including corporation, association, partnership and firm or governmental entity) against whom a litigation is brought or maintained or sought to be brought or maintained. See California Code of Civil Procedure 391
- Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
- department: means State Department of Health Services. See California Health and Safety Code 20
- Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
- Department: refers to the Department of Consumer Affairs. See California Business and Professions Code 19225.5
- Department: means the Department of Justice. See California Business and Professions Code 19805
- Department: means the State Department of Health Services or its designee. See California Health and Safety Code 1599.60
- 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.
- Director: means the Director of the Office of Privacy Protection. See California Government Code 11549.8
- Director: means "State Director of Health Services. See California Health and Safety Code 21
- Director: refers to the Director of Consumer Affairs. See California Business and Professions Code 19225.5
- 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
- Directory information: means one or more of the following items: a student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous public or private school attended by the student, and any other information authorized in writing by the student. See California Education Code 76210
- 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
- Distribution proceeding: means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust, or other fund. See California Code of Civil Procedure 676.1
- District governing board: includes the Board of Governors of the California Community Colleges, unless the context requires otherwise. See California Education Code 72670.5
- Division of Licensing: shall be deemed to refer to the board. See California Business and Professions Code 2002
- Donor: The person who makes a gift.
- driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
- Dwelling: means all housing whether owned or rented. See California Health and Safety Code 19903
- Elderly or handicapped household: means , two or more persons who live together as a household, without regard to any specific relationship, and at least one of whom is an elderly or handicapped person or an elderly and handicapped person. See California Health and Safety Code 19903
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Electronic transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 20
- Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 21
- 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 any firefighter or law enforcement officer represented by an employee organization, as defined in subdivision (b). See California Code of Civil Procedure 1299.3
- 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 recognized by the employer for the purpose of representing firefighters or law enforcement officers in matters relating to wages, hours, and other terms and conditions of employment within the scope of arbitration. See California Code of Civil Procedure 1299.3
- Employer: includes the United States government and any public entity as defined in §. See California Family Code 3760
- Employer: means any local agency employing employees, as defined in subdivision (a), or any entity, except the State of California, acting as an agent of any local agency, either directly or indirectly. See California Code of Civil Procedure 1299.3
- 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.
- 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
- Fiduciary: A trustee, executor, or administrator.
- 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
- Firefighter: means any person who is employed to perform firefighting, fire prevention, fire training, hazardous materials response, emergency medical services, fire or arson investigation, or any related duties, without respect to the rank, job title, or job assignment of that person. See California Code of Civil Procedure 1299.3
- First story: means the lowest story in a building which qualifies as a story and which provides the basic services or functions for which the building is used. See California Health and Safety Code 19955.3
- 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
- Foreign money: means money other than money of the United States of America. See California Code of Civil Procedure 676.1
- Foreign-money claim: means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money. See California Code of Civil Procedure 676.1
- 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
- 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
- freestanding physical plant: means any building that is not physically attached to a building where inpatient services are provided. See California Business and Professions Code 2472
- Fund: means the Household Movers Fund established pursuant to Section 19229. See California Business and Professions Code 19225.5
- Fund: means the Tobacco Settlement Fund. See California Health and Safety Code 104896
- 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
- garbage: means any waste which consists in whole or in part of any animal waste that results from the handling, preparing, cooking, and consuming of food, including the offal from any animal carcass or from any part of an animal carcass. See California Food and Agricultural Code 10901
- 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
- good cause: includes , but is not limited to, the following offenses, occurring while enrolled as a student:
California Education Code 76033
- Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
- Grade: means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. See California Health and Safety Code 19955.3
- Gross revenue: means the total of all compensation received for conducting any controlled game, and includes interest received in payment for credit extended by an owner licensee to a patron for purposes of gambling, except as provided by regulation. See California Business and Professions Code 19805
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Hazardous material: includes , but is not limited to, all of the following:
California Health and Safety Code 25260
- 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
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
- 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
- House: means the gambling enterprise, and any owner, shareholder, partner, key employee, or landlord thereof. See California Business and Professions Code 19805
- Household mover: includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. See California Business and Professions Code 19225.5
- 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.
- 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.
- In-house counsel: means an attorney authorized to practice law in the State of California who is a state employee, including an excluded or exempt employee, other than an employee of the Office of the Attorney General. See California Government Code 11040
- 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
- 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
- informed consent: means the authorization given pursuant to Section 24175 to have a medical experiment performed after each of the following conditions have been satisfied:
California Health and Safety Code 24173
- 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
- Inter vivos: Transfer of property from one living person to another living person.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Intestate: Dying without leaving a will.
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- 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.
- 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.
- junk: means any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, including any and all secondhand and used furniture, pallets, or other personal property, other than livestock, or parts or portions thereof. See California Business and Professions Code 21600
- junk dealer: includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer. See California Business and Professions Code 21601
- junk yard: includes any yard, plot, space, inclosure, building or any other place where junk is collected, stored, gathered together and kept. See California Business and Professions Code 21602
- Jurisprudence: The study of law and the structure of the legal system.
- 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
- Law enforcement officer: means any person who is a peace officer, as defined in Section 830. See California Code of Civil Procedure 1299.3
- 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.
- Legacy: A gift of property made by will.
- legislative body: shall include the governing body of any district or other public corporation authorized by law to construct such public improvements. See California Streets and Highways Code 2809
- legislative body: means the city council or board of trustees in the case of a city, the board of supervisors in the case of a county or a city and county, or the board of directors, trustees, or governors or other governing body in the case of a special district or any other municipal or public corporation or district. See California Government Code 54706
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- License: includes "certificate" "permit" and "registration. See California Business and Professions Code 2421
- 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
- License: means a basic permit to operate a pediatric day health and respite care facility. See California Health and Safety Code 1760.2
- Licensed gambling establishment: means the gambling premises encompassed by a state gambling license. See California Business and Professions Code 19805
- Licensed midwife: means an individual to whom a license to practice midwifery has been issued pursuant to this article. See California Business and Professions Code 2506
- 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: as used in this chapter means the holder of a physician's and surgeon's certificate or doctor of podiatric medicine's certificate, as the case may be, who is engaged in the professional practice authorized by the certificate under the jurisdiction of the appropriate board. See California Business and Professions Code 2041
- Licensee: includes the holder of a license. See California Business and Professions Code 2421
- Licensee: means the holder of a license issued under Chapter 2 (commencing with Section 1250) or Chapter 8. See California Health and Safety Code 1418
- Licensing authority: means the board, which has jurisdiction over a particular licensee. See California Business and Professions Code 2421
- 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
- 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
- Litigation: means any civil action or proceeding, commenced, maintained or pending in any state or federal court. See California Code of Civil Procedure 391
- local agency: means any city, county, city and county, special district, or any other municipal corporation or district. See California Government Code 54705
- local agency: means municipal corporation or sanitary district. See California Government Code 55000
- Local agency: means any governmental subdivision, district, public and quasi-public corporation, joint powers agency, public agency or public service corporation, town, city, county, city and county, or municipal corporation, whether incorporated or not or whether chartered or not. See California Code of Civil Procedure 1299.3
- Long-term health care facility: means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any of the following:
California Health and Safety Code 1418
- Master Settlement Agreement: means the settlement agreement and related documents entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. See California Health and Safety Code 104896
- materia medica: as used in this code or in any initiative act referred to in this code, means those substances listed in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, the official United States Dispensatory, New and Nonofficial Remedies, or the National Formulary, or any supplement thereof, except substances covered by subdivision (a) of Section 4052 and Section 4057 of this code. See California Business and Professions Code 13
- material: means ten thousand dollars ($10,000) or more in securities or other assets valued at the date of disclosure, or in relevant cumulative salary or other income, regardless of when it is earned or expected to be earned. See California Health and Safety Code 24173
- mediation: means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement. See California Code of Civil Procedure 1775.1
- Medical board: means the Medical Board of California. See California Business and Professions Code 2530.2
- medical experiment: means :
California Health and Safety Code 24174
- Medically fragile: means having an acute or chronic health problem that requires therapeutic intervention and skilled nursing care during all or part of the day. See California Health and Safety Code 1760.2
- meeting: includes any congregation of a majority of the members of a state body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the state body to which it pertains. See California Government Code 11122.5
- mobile unit: means a special purpose commercial coach as defined in Section 18012. See California Health and Safety Code 1765.105
- Money: means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement. See California Code of Civil Procedure 676.1
- Money of the claim: means the money determined as proper pursuant to Section 676. See California Code of Civil Procedure 676.1
- Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
- Motor vehicle: means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby. See California Business and Professions Code 19225.5
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- National medical support notice: means the notice required by Section 666(a)(19) of Title 42 of the United States Code with respect to an order made pursuant to Section 3773. See California Family Code 3760
- nonprofit organization: means an organization that has been qualified to conduct business in California for at least three years prior to conducting controlled games and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code. See California Business and Professions Code 19986
- Oath: includes an affirmation or declaration. See California Code of Civil Procedure 17
- Oath: A promise to tell the truth.
- Office: means the Office of Information Security. See California Government Code 11549.1
- Office: means the Office of Privacy Protection. See California Government Code 11549.8
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
- Outside counsel: means an attorney authorized to practice law in the State of California who is not a state employee, including an excluded or exempt employee. See California Government Code 11040
- 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: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
- Owner licensee: means an owner of a gambling enterprise who holds a state gambling license. See California Business and Professions Code 19805
- parcel: includes lot. See California Streets and Highways Code 2807
- Parent and child relationship: as used in this part means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. See California Family Code 7601
- Parent facility: means a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2, or a clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2. See California Health and Safety Code 1765.105
- Pediatric day health and respite care facility: means a facility that provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology-dependent patients, except as provided in paragraph (2) and Section 1763. See California Health and Safety Code 1760.2
- Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
- Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
- 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: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Person: includes an individual, a firm, or a copartnership. See California Business and Professions Code 19225.5
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Person: means an individual, firm, partnership, association, limited liability company, or corporation engaged in the business of selling watches. See California Business and Professions Code 21500
- Person: as used in this article includes firm and corporation. See California Business and Professions Code 21550
- Person: means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. See California Code of Civil Procedure 676.1
- Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
- Petitioner: includes plaintiff, where appropriate. See California Family Code 126
- Plaintiff: means the person who commences, institutes or maintains a litigation or causes it to be commenced, instituted or maintained, including an attorney at law acting in propria persona. See California Code of Civil Procedure 391
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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.
- Podiatric licensing authority: refers to any officer, board, commission, committee, or department of another state that may issue a license to practice podiatric medicine. See California Business and Professions Code 2461
- podiatric medicine: means the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. See California Business and Professions Code 2472
- podiatric residency: means a program of supervised postgraduate clinical training, one year or more in duration, approved by the board. See California Business and Professions Code 2475.2
- 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
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See California Family Code 1610
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- 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.
- Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Proceeding: includes an action. See California Family Code 110
- Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
- Program: means an information security program established pursuant to Section 11549. See California Government Code 11549.1
- 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 property real and personal. See California Civil Code 14
- Property: includes both personal and real property. See California Code of Civil Procedure 17
- Property: includes real and personal property and any interest therein. See California Family Code 113
- Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
- Public agency: includes a federal agency if the requirements of this part would not conflict with, or be preempted by, the requirements of federal law. See California Health and Safety Code 19903
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public highway: includes every public street, road, or highway in this state. See California Business and Professions Code 19225.5
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- 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
- Qualified court investigator: as used in this article , has the meaning provided by Section 8543. See California Family Code 7852
- 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
- 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
- Rate of exchange: means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. See California Code of Civil Procedure 676.1
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- registered owner: is a person registered by the department as the owner of a vehicle. See California Vehicle Code 505
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Remedial action: includes , but is not limited to, the cleanup or removal of released hazardous materials from the environment, monitoring, testing and analysis of the site, site operation and maintenance, and the placing of conditions, limitations, or restrictions on the uses of the site after remedial action has been completed. See California Health and Safety Code 25260
- 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).
- 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.
- Respite care: means day and 24-hour relief for the parent or guardian and care for the patient. See California Health and Safety Code 1760.2
- Respondent: includes defendant, where appropriate. See California Family Code 127
- Responsible party: means any person, except for an independent contractor, who agrees to carry out a site investigation and remedial action at a hazardous materials release site for one of the following reasons:
California Health and Safety Code 25260
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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.
- rural: shall mean any county with an urban influence code, as established by the latest publication of the Economic Research Service of the United States Department of Agriculture, of "3" or more. See California Business and Professions Code 19986
- Scope of arbitration: means economic issues, including salaries, wages and overtime pay, health and pension benefits, vacation and other leave, reimbursements, incentives, differentials, and all other forms of remuneration. See California Code of Civil Procedure 1299.3
- scrap metals and alloys: includes , but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers, as defined in Chapter 2 (commencing with Section 14502) of Division 12. See California Business and Professions Code 21600
- secondhand dealer: as used in this article , means and includes any person, copartnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. See California Business and Professions Code 21626
- Security: means an undertaking to assure payment, to the party for whose benefit the undertaking is required to be furnished, of the party's reasonable expenses, including attorney's fees and not limited to taxable costs, incurred in or in connection with a litigation instituted, caused to be instituted, or maintained or caused to be maintained by a vexatious litigant. See California Code of Civil Procedure 391
- sell: means remanufacturing, retrofitting, selling, contracting to sell or resell, leasing, subletting, or otherwise placing in the stream of commerce. See California Health and Safety Code 24532
- service: includes the cost of maintaining any facility used to provide any service. See California Government Code 54708
- Sheriff: includes marshal. See California Code of Civil Procedure 17
- Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
- significant class of stolen goods: means those items determined through the Department of Justice's most recent OpenJustice Web portal update to constitute more than 10 percent of property reported stolen in the calendar year preceding the annual posting of the list of significant classes of stolen goods. See California Business and Professions Code 21627
- site: means any area, location, or facility where a hazardous material has been released or threatens to be released into the environment. See California Health and Safety Code 25260
- Site investigation: means those actions that are necessary to determine the full extent of a release or threatened release of a hazardous material at a hazardous materials release site, identify the public health and safety or environmental threat posed by the release or threatened release, collect data on possible remedies, and otherwise evaluate the hazardous materials release site for the purpose of implementing remedial action. See California Health and Safety Code 25260
- speech-language pathologist: is a person who practices speech-language pathology. See California Business and Professions Code 2530.2
- Speech-language pathology aide: means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist. See California Business and Professions Code 2530.2
- Speech-language pathology assistant: means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant. See California Business and Professions Code 2530.2
- Spot rate: means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two days. See California Code of Civil Procedure 676.1
- 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 Health and Safety Code 12.2
- Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
- spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
- Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
- Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
- State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
- State: means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See California Code of Civil Procedure 676.1
- 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 agencies: includes the Department of General Services and any and all organizational units, parts, and subdivisions of state agencies as defined in Section 11000. See California Government Code 11263
- state body: means each of the following:
California Government Code 11121
- State department: means the State Department of Public Health. See California Health and Safety Code 1760.2
- 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
- state park lands: means any lands subject to the control of the Department of Parks and Recreation. See California Food and Agricultural Code 11301
- Story: means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. See California Health and Safety Code 19955.3
- Student record: means any item of information directly related to an identifiable student, other than directory information, which is maintained by a community college or required to be maintained by any employee in the performance of his or her duties, whether recorded by handwriting, print, tapes, film, microfilm or other means. See California Education Code 76210
- 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
- substitute: means a person who performs, on a temporary basis, the duties of the individual who made the notes and does not refer to a person who permanently succeeds the maker of the notes in his or her position. See California Education Code 76210
- Summons: Another word for subpoena used by the criminal justice system.
- 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
- taker-up: means any person that takes up an estray animal pursuant to Section 17041. See California Food and Agricultural Code 17001
- tangible personal property: means all secondhand tangible personal property that bears a serial number or personalized initials or inscription or that, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription. See California Business and Professions Code 21627
- Testify: Answer questions in court.
- Testify: includes any mode of oral statement made under oath or affirmation. See California Code of Civil Procedure 17
- 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.
- traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
- 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.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- 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: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
- Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Harbors and Navigation Code 21
- Vexatious litigant: means a person who does any of the following:
California Code of Civil Procedure 391
- Victim advocate: work with prosecutors and assist the victims of a crime.
- will: includes codicil. See California Civil Code 14
- Will: includes codicil. See California Code of Civil Procedure 17
- 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: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
- Writing: includes printing and typewriting. See California Code of Civil Procedure 17