Chapter 1 General Provisions
Chapter 2 Financial Provisions
Chapter 3 General Powers and Duties
Chapter 4 Releases of Hazardous Substances
Chapter 5 Cleanup of Hazardous Substance Releases
Chapter 6 Site-Specific Rules Related to Cleanup
Chapter 7 Enforcement
Chapter 8 Cost Recovery
Chapter 9 Orphan Share Reimbursement
Chapter 10 Cleanup Loans and Environmental Assistance to Neighborhoods
Chapter 11 California Financial Assurance and Insurance for Redevelopment Program
Chapter 12 Compensation

Terms Used In California Codes > Health and Safety Code > Division 45 > Part 2 - HAZARDOUS SUBSTANCE ACCOUNT

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • abuse or neglect in out-of-home care: includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165. See California Penal Code 11165.5
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act: means the California Health Facilities Financing Authority Act. See California Government Code 15432
  • Action: means an action for partition under this title. See California Code of Civil Procedure 872.010
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
  • agency: means any agency or consortium of agencies. See California Penal Code 13320
  • alcohol and drug counselor: is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. See California Penal Code 11165.7
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Animal control officer: means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations. See California Penal Code 11165.7
  • 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
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Article: as used in this chapter means and includes any article of wearing apparel, cloth, drapery or other fabric or material made from or containing any natural or synthetic fiber. See California Health and Safety Code 19810
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Authority: means the California Health Facilities Financing Authority created by this part or any board, body, commission, department, or officer succeeding to the principal functions thereof or to which the powers conferred upon the authority by this part shall be given by law. See California Government Code 15432
  • 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.
  • Balanced budget: A budget in which receipts equal outlays.
  • 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.
  • Bequest: Property gifted by will.
  • Board: means the California Integrated Waste Management Board. See California Health and Safety Code 25250.1
  • board: means the State Public Works Board. See California Government Code 15851
  • Board: means State Allocation Board. See California Government Code 15501
  • bond: means a bond, warrant, note, lease, or installment sale obligation that is evidenced by a certificate of participation or other evidence of indebtedness issued by the authority. See California Government Code 15432
  • Building: as used in this article means so much of any building or structure of any kind as is or may be entered through the same outside entrance. See California Penal Code 11235
  • Building inspector: means any employee or contractor of an enforcement agency who performs inspections of a construction or renovation project for the purpose of assuring compliance with adopted uniform building codes and standards. See California Health and Safety Code 19870
  • Building standard: means a building standard as defined in Section 18909, or other standard adopted by a local agency pursuant to Section 17958 or subdivision (c) of Section 18941. See California Health and Safety Code 19870
  • Byproduct material: means any radioactive material, except special nuclear material, yielded in, or made radioactive by exposure to the radiation incident to, the process of producing or utilizing special nuclear material. See California Health and Safety Code 114985
  • Cal-ID: means the automated system maintained by the Department of Justice for retaining fingerprint files and identifying latent fingerprints. See California Penal Code 11112.1
  • Cal-ID Telecommunications System: means a statewide telecommunications network dedicated to the transmission of fingerprint identification data in conjunction with Cal-ID for use by law enforcement agencies. See California Penal Code 11112.1
  • Capital offense: A crime punishable by death.
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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.
  • child: means a person under the age of 18 years. See California Penal Code 11165
  • child: means a minor from birth to 18 years of age. See California Government Code 15432
  • child abuse or neglect: includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165. See California Penal Code 11165.6
  • child visitation monitor: means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law. See California Penal Code 11165.7
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
  • Claim: includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title. See California Code of Civil Procedure 760.010
  • clergy member: means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization. See California Penal Code 11165.7
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commercial coach: as used in this part has the same meaning as defined in Section 18001. See California Health and Safety Code 18862.11
  • commercial computer technician: means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. See California Penal Code 11165.7
  • commercial film and photographic print or image processor: means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. See California Penal Code 11165.7
  • Commercial sexual exploitation: refers to either of the following:

    California Penal Code 11165.1

  • Commercial user: means any person who deals in full-size or non-full-size cribs of the kind governed by this chapter who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to the full-size or non-full-size cribs governed by this chapter, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce full-size or non-full-size cribs. See California Health and Safety Code 24501
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • construction: includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. See California Labor Code 1720
  • contaminated petroleum product: means a product that meets all of the following conditions:

    California Health and Safety Code 25250.1

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • County: includes city and county. See California Health and Safety Code 14
  • County: includes "city and county. See California Labor Code 14
  • County: includes "city and county. See California Code of Civil Procedure 17
  • county: includes "city and county". See California Penal Code 7
  • craft: includes every boat, ship, vessel, craft, barge, hulk, float or other thing capable of floating. See California Penal Code 11301
  • Crib: means a bed or containment designed to accommodate an infant. See California Health and Safety Code 24501
  • criminal offender record information: means records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release. See California Penal Code 11075
  • criminal offender record information: means records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release. See California Penal Code 13102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • decontamination: as used in this chapter , means the reduction of the level of contamination from radioactive material to the level that the department determines is reasonably necessary to eliminate the hazard to public health that is caused by the contamination of any object, building, structure, or premises. See California Health and Safety Code 115180
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Department: means the Department of Justice. See California Penal Code 11112.1
  • Department: means Department of Industrial Relations. See California Labor Code 19
  • Department: means the State Department of Health Services. See California Health and Safety Code 114985
  • Dependent: A person dependent for support upon another.
  • 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.
  • Development: includes , but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. See California Education Code 20052
  • Development project: means a development project as defined in Section 66000. See California Government Code 66010
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Director: means Director of Industrial Relations. See California Labor Code 20
  • Director: means the State Director of Health Services. See California Health and Safety Code 114985
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Emergency ambulance employee: means a person who meets both of the following requirements:

    California Labor Code 888

  • employer: means :

    California Labor Code 3300

  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Endowment: means the California Cultural and Historical Endowment created pursuant to Section 20053, or the board of the endowment, as appropriate. See California Education Code 20052
  • Enforcement agency: means any department of a local agency that has the authority to inspect a construction or renovation project and enforce health, safety, or building codes including, but not limited to, the building department or building division, the fire department or fire district, and the health department. See California Health and Safety Code 19870
  • 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.
  • 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.
  • Evidence-based practices: refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or post release supervision. See California Penal Code 17.5
  • 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.
  • Federal battery management act: means the Mercury-Containing and Rechargeable Battery Management Act (P. See California Health and Safety Code 25219
  • Federally regulated battery: means a battery that is subject to the federal battery management act. See California Health and Safety Code 25219
  • Fee: means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2. See California Government Code 66000
  • fee: means any of the following:

    California Labor Code 1700.2

  • Fee: means a monetary exaction or a dedication, other than a tax or special assessment, which is required by a local agency of the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. See California Government Code 66010
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • 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
  • Fund: means the California Public Library Construction and Renovation Fund. See California Education Code 19986
  • gambling ship: as used in this article means any boat, ship, vessel, watercraft or barge kept, operated or maintained for the purpose of gambling, whether within or without the jurisdiction of the State, and whether it is anchored, lying to, or navigating. See California Penal Code 11317
  • 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
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Greenhouse: means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including floricultural, ornamental, or other nursery and agricultural products. See California Food and Agricultural Code 33
  • 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.
  • Health facility: includes a clinic that is described in subdivision (l) of §. See California Government Code 15432
  • 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.
  • High-level radioactive waste: means either of the following:

    California Health and Safety Code 114985

  • Humane society officer: means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code. See California Penal Code 11165.7
  • 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.
  • Infant: means any person less than 35 inches tall and less than three years of age. See California Health and Safety Code 24501
  • Inflammable article: as used in this chapter is any article made from or containing natural or synthetic fiber and determined by the Fire Marshal to be so highly inflammable as to constitute a dangerous risk of fire and hazard of injury to persons and property, taking into consideration the use or uses for which the article is made and designed to serve. See California Health and Safety Code 19810
  • injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
  • 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
  • Intestate: Dying without leaving a will.
  • Ionizing radiation: means gamma rays and X-rays. See California Health and Safety Code 114985
  • Juror: A person who is on the jury.
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
  • Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
  • 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.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license issued by the Labor Commissioner to carry on the business of a talent agency under this chapter. See California Labor Code 1700.3
  • license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • Licensee: means a talent agency which holds a valid, unrevoked, and unforfeited license under this chapter. See California Labor Code 1700.3
  • licensing agency: means the State Department of Social Services office responsible for the licensing and enforcement of the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of . See California Penal Code 11165.11
  • Lien: means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity. See California Code of Civil Procedure 872.010
  • Local agencies: means cities, counties, housing authorities, districts, and any other local public agencies. See California Government Code 15501
  • Local agency: means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state. See California Government Code 66000
  • Local agency: means a local agency, as defined in Section 66000. See California Government Code 66010
  • Local agency: as used in this chapter , has the same meaning as provided in Section 66000. See California Government Code 66018.5
  • Local agency: as used in this chapter , means a local agency as defined in Section 66000. See California Government Code 66025
  • Local agency: means a city, county, or city and county. See California Health and Safety Code 19870
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • Majority leader: see Floor Leaders
  • maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
  • Mammogram: means an X-ray image of the human breast. See California Health and Safety Code 114985
  • Mammography: means the procedure for creating a mammogram. See California Health and Safety Code 114985
  • Mammography quality assurance: means the detection of a change in X-ray and ancillary equipment that adversely affects the quality of films and the glandular radiation dose, and the correction of this change. See California Health and Safety Code 114985
  • mandatory supervision: shall mean the portion of a defendant's sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170. See California Penal Code 19.9
  • mayor: includes president of the legislative body. See California Government Code 34002
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • month: means a calendar month, unless otherwise expressed. See California Penal Code 7
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Museum: means a public or private nonprofit institution that is organized on a permanent basis for essentially educational or aesthetic purposes and that owns or uses tangible objects, cares for those objects, and exhibits them to the general public on a regular basis. See California Education Code 20052
  • neglect: means the negligent treatment or the maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. See California Penal Code 11165.2
  • 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.
  • Non-full-size crib: means a non-full-size crib as defined in Section 1509. See California Health and Safety Code 24501
  • Nonprofit organization: means any nonprofit public benefit corporation that is formed pursuant to the Nonprofit Corporation Law (commencing with §. See California Education Code 20052
  • Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See California Government Code 15
  • Operator: means a person who operates a hazardous waste facility. See California Health and Safety Code 25198.1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who owns a hazardous waste facility. See California Health and Safety Code 25198.1
  • paid for in whole or in part out of public funds: means all of the following:

    California Labor Code 1720

  • Participating health institution: means a city, city and county, or county, a district hospital, or a private nonprofit corporation or association, or a limited liability company whose sole member is a nonprofit corporation or association authorized by the laws of this state to provide or operate a health facility or a nonprofit corporation that controls or manages, is controlled or managed by, is under common control or management with, or is affiliated with any of the foregoing, and that, pursuant to this part, undertakes the financing or refinancing of the construction or acquisition of a project or of working capital as provided in this part. See California Government Code 15432
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • Permanent total disability: means a permanent disability with a rating of 100 percent permanent disability only. See California Labor Code 4452.5
  • Permittee: means a building owner, building property manager, or authorized representative to whom a building permit is issued by the enforcement agency. See California Health and Safety Code 19870
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • person: means any individual, company, society, firm, partnership, association, corporation, limited liability company, manager, or their agents or employees. See California Labor Code 1700
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • Person: as used in this article , means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees. See California Penal Code 11207
  • Person: as used in this article means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees. See California Penal Code 11234
  • Person: means any natural person, firm, corporation, association, or agent or employee thereof. See California Health and Safety Code 24501
  • Person: means any individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, the United States Department of Energy, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, under prime contract to the United States Department of Energy, or any successor thereto. See California Health and Safety Code 114985
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preservation: includes , but is not limited to, identification, evaluation, recordation, restoration, stabilization, development, and reconstruction, or any combination of those activities. See California Education Code 20052
  • 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.
  • Pro per: A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona." Source: U.S. Courts
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • program: means the Community-Based Transitional Housing Program and "department" means the Department of Finance. See California Government Code 30035.1
  • Project: means construction, expansion, remodeling, renovation, furnishing, or equipping, or funding, financing, or refinancing of a health facility or acquisition of a health facility to be financed or refinanced with funds provided in whole or in part pursuant to this part. See California Government Code 15432
  • Property: includes real and personal property. See California Code of Civil Procedure 872.010
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • property: includes both real and personal property. See California Penal Code 7
  • Property: includes real property, and to the extent applicable, personal property. See California Code of Civil Procedure 760.010
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: means a federal agency, state agency, city, county, district, association of governments, joint powers agency, or tribal organization. See California Education Code 20052
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public facilities: means public facilities, as defined in Section 66000. See California Government Code 66010
  • 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 library: means any public library as defined in this code, or any county law library established pursuant to Chapter 5 (commencing with Section 6300) of Division 3 of . See California Education Code 19307
  • public works: means all of the following:

    California Labor Code 1720

  • Public works projects: means acquisition and improvement of sites, construction, modification, and alteration of public buildings, airports, water supply systems (including when incidental to a public works project (1) highways, streets, bridges, and other street and highway structures, and (2) plan preparation and equipment), and publicly owned and operated facilities, including but not limited to sewage treatment and disposal plants and sanitary facilities. See California Government Code 15501
  • RAN: means a uniform statewide network of equipment and procedures allowing local law enforcement agencies direct access to the California Identification System. See California Penal Code 11112.1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonably suspects: means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect. See California Penal Code 11162.5
  • Reconstruction: means the reconstruction of the real property, or portion thereof, where the property after reconstruction is substantially equivalent to the property prior to damage or destruction. See California Government Code 66010
  • Record: means the state summary criminal history information as defined in subdivision (a) of Section 11105, or a copy thereof, maintained under a person's name by the Department of Justice. See California Penal Code 11140
  • Record: means the master local summary criminal history information as defined in subdivision (a) of Section 13300, or a copy thereof. See California Penal Code 13301
  • Recreational vehicle: as used in this part has the same meaning as defined in Section 18010. See California Health and Safety Code 18862.37
  • Recycled oil: means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive:

    California Health and Safety Code 25250.1

  • region: means the region described in this section. See California Government Code 66502
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • remission: means a finding that the overt signs and symptoms of the severe mental health disorder are controlled either by psychotropic medication or psychosocial support. See California Penal Code 2962
  • 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).
  • required number: means :

    California Penal Code 888.2

  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Penal Code 7
  • Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
  • Secretary: means the Secretary for Environmental Protection. See California Health and Safety Code 25198.1
  • Secretary: means the Secretary of the Resources Agency. See California Health and Safety Code 114985
  • Service of process: The service of writs or summonses to the appropriate party.
  • severe mental health disorder: means an illness, disease, or condition that substantially impairs the person's thought, perception of reality, emotional process, or judgment. See California Penal Code 2962
  • Severe neglect: means the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. See California Penal Code 11165.2
  • sexual abuse: means sexual assault or sexual exploitation as defined by the following:

    California Penal Code 11165.1

  • sexual assault: includes , but is not limited to, all of the following:

    California Penal Code 11165.1

  • Sexual exploitation: refers to any of the following:

    California Penal Code 11165.1

  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • Siting: means the physical suitability of a location proposed for a hazardous waste facility. See California Health and Safety Code 25198.1
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Special nuclear material: means (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the department declares by rule to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material. See California Health and Safety Code 114985
  • Spent nuclear fuel: means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. See California Health and Safety Code 114985
  • 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 Labor Code 12.2
  • spouse: includes "registered domestic partner" as required by §. See California Penal Code 7
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • 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: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
  • State: means the State of California and any agency or instrumentality thereof. See California Health and Safety Code 25198.1
  • state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Penal Code 23
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantiated report: means a report that is determined by the investigator who conducted the investigation to constitute child abuse or neglect, as defined in Section 11165. See California Penal Code 11165.12
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisor: means any employee of any enforcement agency to whom a building inspector reports and who is responsible for reviewing a building inspector's project approvals or denials or modification orders. See California Health and Safety Code 19870
  • 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.
  • Testate: To die leaving a will.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Title report: includes a preliminary report, guarantee, binder, or policy of title insurance. See California Code of Civil Procedure 872.010
  • Town: includes "unincorporated town" and "village. See California Government Code 21
  • 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.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Tribe: means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe as defined herein, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time. See California Health and Safety Code 25198.1
  • True bill: Another word for indictment.
  • unlawful corporal punishment or injury: means a situation where any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. See California Penal Code 11165.4
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Used oil: means all of the following:

    California Health and Safety Code 25250.1

  • Used oil recycling facility: means a facility that reprocesses or re-refines used oil. See California Health and Safety Code 25250.1
  • Used oil transfer facility: means a transfer facility, as defined in subdivision (a) of Section 25123. See California Health and Safety Code 25250.1
  • Vendor: as used in this chapter means any individual, firm or corporation engaged in the manufacture for sale or the sale of articles as herein defined. See California Health and Safety Code 19810
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • vessel: means a vessel as defined in subdivision (c) of §. See California Penal Code 7
  • victim: means any person alleged or found, upon the record, to have sustained physical or financial injury to person or property as a direct result of the crime charged. See California Penal Code 11158
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
  • will: includes codicil. See California Penal Code 7
  • Will: includes codicil. See California Code of Civil Procedure 17
  • willful harming or injuring of a child or the endangering of the person or health of a child: means a situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered. See California Penal Code 11165.3
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
  • Work shift: means designated hours of work by an emergency ambulance employee, with a designated beginning time and quitting time, including any periods for meals or rest. See California Labor Code 888
  • Working capital: means moneys to be used by, or on behalf of, a participating health institution to pay or prepay maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of a health facility, including, but not limited to, reserves for maintenance or operation expenses, interest for not to exceed two years on any loan for working capital made pursuant to this part, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. See California Government Code 15432
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See California Penal Code 7
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17