Chapter 1 The Contract
Chapter 1.5 Health Coverage Contract Notification
Chapter 2 Group Life Policies
Chapter 2.5 Blanket Life Insurance
Chapter 2.6 Long-Term Care Insurance
Chapter 3 Burial Contracts
Chapter 4 Standard Provisions in Disability Policies
Chapter 4.1 General Regulation of Health Insurers
Chapter 5 General Regulation of Life Insurers
Chapter 5.5 Life Insurance Policy Illustrations
Chapter 5.6 Life Insurance Cost Indexes
Chapter 6 Incorporated Life Insurers Issuing Policies on a Reserve Basis
Chapter 7 Disability Insurance Disclosure
Chapter 8 Small Employer Health Insurance
Chapter 8.01 Nongrandfathered Small Employer Health Insurance
Chapter 8.02 Grandfathered Small Employer Health Insurance
Chapter 8.5 Coverage for Federally Eligible Defined Individuals
Chapter 9 The Private Health Care Voluntary Purchasing Alliance Act
Chapter 9.5 Individual Access to Contracts for Health Care Services
Chapter 9.6 Consumer Operated and Oriented Plans
Chapter 9.7 Child Access to Health Insurance
Chapter 9.9 Individual Access to Health Insurance
Chapter 10 Fraternal Benefit Societies
Chapter 10A Firemen’s, Policemen’s,or Peace Officers’ Benefit and Relief Associations
Chapter 11 Change by Assessment Plan Insurer to Reserve Plan
Chapter 12 Grants and Annuities Societies
Chapter 13 Voluntary Mutualization of Incorporated Life and Life and Disability Insurers Having a Capital Stock and Issuing Nonassessable Policies on a Reserve Basis
Chapter 14 Conversion of an Incorporated Mutual Life or Life and Disability Insurer into an Incorporated Stock Life Insurer Issuing Policies on a Reserve Basis

Terms Used In California Codes > Insurance Code > Division 2 > Part 2 - LIFE AND DISABILITY INSURANCE

  • Account in an insured credit union: means a share account in a credit union, either federally chartered or state licensed, that is insured under Title II of the Federal Credit Union Act (12 U. See California Probate Code 22
  • Account in an insured savings and loan association: means a savings account or mutual capital certificate of either of the following:

    California Probate Code 23

  • Action: includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief. See California Code of Civil Procedure 583.110
  • Actuarial Standards Board: means the board established by the American Academy of Actuaries to develop and promulgate standards of actuarial practice. See California Insurance Code 10509.953
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adoption date: means the date the board of directors adopts the plan of conversion. See California Insurance Code 4097.01
  • Adoption date: means the date the board of directors adopts the plan of conversion. See California Insurance Code 11535.1
  • Affiliation period: means a period that, under the terms of the health benefit plan, shall elapse before health care services under the plan become effective. See California Insurance Code 10700
  • 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
  • Agent or broker: means a person or entity licensed under Chapter 5 (commencing with Section 1621) of Part 2 of Division 1. See California Insurance Code 10700
  • Agent or broker: means a person or entity licensed under Chapter 5 (commencing with Section 1621) of Part 2 of Division 1. See California Insurance Code 10755
  • Agreement: includes , but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives. See California Code of Civil Procedure 1280
  • agriculture: includes farming in all its branches, and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market. See California Labor Code 1140.4
  • Alcohol and drug abuse records: means patient records, or discrete portions thereof, specifically relating to evaluation and treatment of alcoholism or drug abuse. See California Health and Safety Code 123105
  • Alcoholic beverage: includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in §. See California Vehicle Code 109
  • All-terrain vehicle: means a motor vehicle subject to subdivision (a) of Section 38010 that is all of the following:

    California Vehicle Code 111

  • all-terrain vehicle safety training organization: is a ny organization which is approved to offer a program of instruction in all-terrain vehicle safety, including all-terrain vehicle safety instruction training, by the Off-Highway Vehicle Safety Education Committee and which has been issued a license by the department pursuant to Section 11105. See California Vehicle Code 111.5
  • Alley: is a ny highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property. See California Vehicle Code 110
  • 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.
  • Amount secured by the lien: includes interest and any costs and charges secured by the lien. See California Probate Code 10360
  • Ancillary benefit plan: means a policy or contract written or administered by a participating carrier that covers dental or vision benefits for the covered eligible employees of an employer or small employer and their dependents. See California Insurance Code 10810
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • Apprentice public insurance adjuster: means a person who is qualified in all respects as a public adjuster, except as to experience, education, or training. See California Insurance Code 15001
  • Appropriate Regulatory Authority: means the Department of Insurance except for health care service plans, in which case it means the Department of Managed Health Care. See California Insurance Code 10810
  • Approved laboratory: as used in this chapter means a laboratory approved by the department, or any other laboratory whose director is licensed by the department according to law. See California Health and Safety Code 120675
  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attachment point: means the amount of health claims incurred by a small employer in a policy year for its employees and their dependents, and covered by a stop-loss insurance policy, above which the stop-loss insurer incurs a liability for payment. See California Insurance Code 10752
  • Attendance: means the number of children present at a preschool facility. See California Education Code 8205
  • Authority: means the California Health Facilities Financing Authority established pursuant to §. See California Health and Safety Code 1179.51
  • Authority: means the California Health Facilities Financing Authority established pursuant to §. See California Health and Safety Code 1179.82
  • Authorized agency: means any of the following officers or agencies, or their duly authorized representatives, when investigating or prosecuting arson in connection with a specific fire: the State Fire Marshal, the Director of the Department of Forestry and Fire Protection, the chief of any city or county fire department, the chief of any fire protection district, the Attorney General, any district attorney, or any peace officer, the Department of Insurance, and any federal agency. See California Insurance Code 1875
  • automobile dismantler: includes a person not otherwise expressly excluded by Section 221 who keeps or maintains on real property owned by the person, or under their possession or control, either of the following vehicles or catalytic converters, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials, whether metal, glass, fabric, or otherwise, or to dispose of them, or for any other purpose:

    California Vehicle Code 220

  • Award: includes , but is not limited to, an award made pursuant to an agreement not in writing. See California Code of Civil Procedure 1280
  • axle: is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion. See California Vehicle Code 230
  • 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.
  • Basic health care services: includes , but is not limited to, the following:

    California Health and Safety Code 123180

  • Basic illustration: means a ledger or proposal used in the sale of a life insurance policy that shows both guaranteed and nonguaranteed elements. See California Insurance Code 10509.953
  • Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

    California Probate Code 24

  • Benefit plan design: means a specific health coverage product issued by a carrier to employers or small employers, to trustees of associations, or to individuals if the coverage is offered through employment or sponsored by an employer or small employer. See California Insurance Code 10810
  • Benefit plan design: means a specific health coverage product issued by a carrier to small employers, to trustees of associations that include small employers, or to individuals if the coverage is offered through employment or sponsored by an employer. See California Insurance Code 10700
  • Benefit plan design: means a specific health coverage policy issued by a carrier to individuals, to trustees of associations that cover individuals. See California Insurance Code 10900
  • Benefit plan design: means a specific health coverage product issued by a carrier to small employers, to trustees of associations that include small employers, or to individuals if the coverage is offered through employment or sponsored by an employer. See California Insurance Code 10755
  • Benefits and coverage: means the accident, sickness or disability indemnity available under a policy of disability insurance. See California Insurance Code 10601
  • Bequest: Property gifted by will.
  • bike path: is a Class I bikeway, as defined in subdivision (a) of §. See California Vehicle Code 231.5
  • Bird: means any order of Psittaciformes bird. See California Health and Safety Code 122320
  • Bird mart: means an event at which two or more persons offer birds for sale or exchange and where a fee is charged for the privilege of offering or displaying the birds. See California Health and Safety Code 122320
  • Board: means the governing body of the purchasing alliance. See California Insurance Code 10810
  • board: means Agricultural Labor Relations Board. See California Labor Code 1140.4
  • Board: means the Major Risk Medical Insurance Board. See California Insurance Code 10700
  • Branch locker plant: means a frozen food locker plant in any location or establishment artificially cooled in which space in individual lockers is rented, leased, or loaned to individuals, firms, or corporations for the storage of food for their own use after preparation for storage in a central or parent plant. See California Health and Safety Code 112500
  • Brokering: is a n arrangement under which a dealer, for a fee or other consideration, regardless of the form or time of payment, provides or offers to provide the service of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, for another or others. See California Vehicle Code 232.5
  • bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
  • business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
  • California state preschool program: means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. See California Education Code 8205
  • camp trailer: is a vehicle designed to be used on a highway, capable of human habitation for camping or recreational purposes, that does not exceed 16 feet in overall length from the foremost point of the trailer hitch to the rear extremity of the trailer body and does not exceed 96 inches in width and includes any tent trailer. See California Vehicle Code 242
  • camper: is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. See California Vehicle Code 243
  • Carrier: means any licensed disability insurance company or licensed health care service plan or any other entity that writes, issues, or administers any health benefit plan or ancillary benefit plan to employers or small employers in this state. See California Insurance Code 10810
  • Carrier: means the insurance company, nonprofit hospital service corporation, or other entity responsible for the payment of benefits or provision of services under a policy. See California Insurance Code 10128.1
  • Carrier: means any disability insurance company or any other entity that writes, issues, or administers health benefit plans that cover the employees of small employers, regardless of the situs of the contract or master policyholder. See California Insurance Code 10700
  • Carrier: means any disability insurance company or any other entity that writes, issues, or administers health benefit plans, as defined in subdivision (a) of Section 10198. See California Insurance Code 10900
  • Carrier: means any disability insurance company or any other entity that writes, issues, or administers health benefit plans that cover the employees of small employers, regardless of the situs of the contract or master policyholder. See California Insurance Code 10755
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Casualty broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
  • Catastrophic disaster: means an event that results in large numbers of deaths and injuries. See California Insurance Code 15001
  • Catastrophic health insurance: means a supplementary insurance contract that indemnifies a California resident for medical expenses, including at least the costs of the basic health care services that result from an illness, injury, or disease, and that are greater than fifty thousand dollars ($50,000), subject to a lifetime benefit limit of one million dollars ($1,000,000). See California Health and Safety Code 123180
  • Certificate: means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of . See California Health and Safety Code 121480
  • Certificate: as used in this chapter , means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of . See California Health and Safety Code 121525
  • 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 any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. See California Probate Code 26
  • Child: means any individual under 19 years of age. See California Insurance Code 10950
  • Children with exceptional needs: means either of the following:

    California Education Code 8205

  • City: includes every city and city and county within this State. See California Vehicle Code 255
  • City: includes "city and county. See California Insurance Code 15
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Unemployment Insurance Code 13
  • Claim: means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:

    California Probate Code 9000

  • Class: means a group of carriers or related businesses as specified by the commission for purposes of establishing the fees pursuant to this article. See California Public Utilities Code 424
  • Class: means a group of public utilities as specified by the commission for purposes of establishing fees pursuant to this article. See California Public Utilities Code 435
  • 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 vehicle: is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 260
  • Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
  • commission: means the California Transportation Commission. See California Streets and Highways Code 22
  • Commissioner: means the Insurance Commissioner. See California Insurance Code 14001
  • Commissioner: means the Insurance Commissioner. See California Insurance Code 15001
  • Commissioner: means the Insurance Commissioner, who shall have regulatory jurisdiction over purchasing alliances. See California Insurance Code 10810
  • Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
  • commissioner: means a member of the commission. See California Public Utilities Code 20
  • Committee: means the Children's Hospital Bond Act Finance Committee created pursuant to Section 1179. See California Health and Safety Code 1179.51
  • Committee: means the Children's Hospital Bond Act Finance Committee created pursuant to Section 1179. See California Health and Safety Code 1179.82
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • Communicable Disease Prevention and Control Act: means Sections 104730, 104830 to 104860, inclusive, 113150, 113155, Part 1 (commencing with Section 120100) of, Chapter 1 (commencing with Section 120325, but excluding Section 120380) of Part 2 of, Part 3 (commencing with Section 120500) of, and Part 5 (commencing with Section 121350) of, Division 105. See California Health and Safety Code 27
  • Community property: means :

    California Probate Code 28

  • Complaint: includes a cross-complaint or other initial pleading. See California Code of Civil Procedure 583.110
  • Conservatee: includes a limited conservatee. See California Probate Code 29
  • Conservator: includes a limited conservator. See California Probate Code 30
  • Construction: includes :

    California Streets and Highways Code 29

  • Contract premium: means the gross premium that is required to be paid under a fixed premium policy, including the premium for a rider for which benefits are shown in the illustration. See California Insurance Code 10509.953
  • Controversy: means any question arising between parties to an agreement whether the question is one of law or of fact or both. See California Code of Civil Procedure 1280
  • Converted company: means the converted insurer or converted mutual holding company, as the case may be. See California Insurance Code 4097.01
  • Converted company: means the converted insurer or converted mutual holding company, as the case may be. See California Insurance Code 11535.1
  • Converted insurer: means the incorporated stock insurer into which a medical malpractice mutual insurer has been converted or merged or redomiciled in accordance with the provisions of this article. See California Insurance Code 4097.01
  • Converted insurer: means the incorporated stock insurer into which a mutual insurer has been converted or merged or redomiciled in accordance with the provisions of this chapter. See California Insurance Code 11535.1
  • Converted mutual holding company: means the stock corporation into which a mutual holding company has been converted in accordance with this article. See California Insurance Code 4097.01
  • Converted mutual holding company: means the stock corporation into which a mutual holding company has been converted in accordance with this chapter. See California Insurance Code 11535.1
  • Converting mutual company: means , for a plan of conversion under this article, the medical malpractice mutual insurer or mutual holding company that is converting under the plan. See California Insurance Code 4097.01
  • Converting mutual life company: means , for a plan of conversion under this chapter, the mutual life insurer or mutual holding company that is converting under such a plan. See California Insurance Code 11535.1
  • Cost: includes , but is not limited to, expenditures that are related to the operation of preschool programs. See California Education Code 8205
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: includes every county and city and county within this State. See California Vehicle Code 270
  • County: includes "city and county. See California Insurance 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 Public Utilities Code 18
  • County: includes "city and county. See California Streets and Highways Code 14
  • County: includes city and county. See California Unemployment Insurance Code 14
  • county highway: means any highway which is:

    California Streets and Highways Code 25

  • Court: means the court in which the action is pending. See California Code of Civil Procedure 583.110
  • court supervision: means the judicial order, authorization, approval, confirmation, or instructions that would be required if authority to administer the estate had not been granted under this part. See California Probate Code 10401
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Creditable coverage: means :

    California Insurance Code 10755

  • Creditable coverage: means :

    California Insurance Code 10700

  • Creditable coverage: means :

    California Insurance Code 10900

  • Creditor: means a person who may have a claim against estate property. See California Probate Code 9000
  • Currently payable scale: means a scale of nonguaranteed elements in effect for a policy form as of the preparation date of the illustration or declared to become effective within the next 95 days. See California Insurance Code 10509.953
  • Dealer: is a person not otherwise expressly excluded by Section 286 who:

    California Vehicle Code 285

  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: includes a cross-defendant or other person against whom an action is commenced. See California Code of Civil Procedure 583.110
  • Demutualization: means the conversion of a medical malpractice mutual insurer into a stock insurer without the establishment of a mutual holding company or the conversion of a mutual holding company into a stock corporation. See California Insurance Code 4097.01
  • Department: means the Department of Insurance. See California Insurance Code 14001
  • Department: means the Department of Insurance. See California Insurance Code 15001
  • Department: means the Department of Industrial Relations. See California Labor Code 1286
  • Department: means the State Department of Health Services. See California Health and Safety Code 112500
  • 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: means State Department of Health Services. See California Health and Safety Code 121480
  • Department: means the Department of Health Care Access and Information. See California Health and Safety Code 128700
  • Department: means Department of Industrial Relations. See California Labor Code 19
  • Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
  • Dependent: A person dependent for support upon another.
  • Dependent: means the spouse, registered domestic partner as described in §. See California Insurance Code 10752
  • Dependent: means the spouse or child of an eligible employee, subject to applicable terms of the health benefit plan covering the employee, and includes dependents of guaranteed association members if the association elects to include dependents under its health coverage at the same time it determines its membership composition pursuant to subdivision (z). See California Insurance Code 10700
  • Dependent: means the spouse or registered domestic partner, or child, of an eligible employee, subject to applicable terms of the health benefit plan covering the employee, and includes dependents of guaranteed association members if the association elects to include dependents under its health coverage at the same time it determines its membership composition pursuant to subdivision (t). See California Insurance Code 10755
  • Devise: To gift property by will.
  • Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
  • Direct coverage: means that an insurance company assumes a direct obligation to an employee under an insurance policy to pay or indemnify the employee for health claims incurred by the employee or the employee's dependents. See California Insurance Code 10752
  • Director: means the Director of Industrial Relations or the director's designee. See California Labor Code 1286
  • Director: means Director of Industrial Relations. See California Labor Code 20
  • Director: means the director of the department. See California Streets and Highways Code 21
  • Disability income insurance: means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement, and includes insurance which provides benefits for overhead expenses of a business or profession when the insured becomes disabled. See California Insurance Code 10147
  • Disability insurance: means every policy of disability insurance, self-insured employee welfare benefit plan, and nonprofit hospital service plan issued, delivered, or entered into pursuant to or described in Chapter 1 (commencing with Section 10110), Chapter 4 (commencing with Section 10270), or Chapter 11A (commencing with Section 11491) of this part. See California Insurance Code 10601
  • Disciplined current scale: means a scale of nonguaranteed elements constituting a limit on illustrations currently being illustrated by an insurer that is reasonably based on actual recent historical experience, as certified annually by an illustration actuary designated by the insurer. See California Insurance Code 10509.953
  • Disclosure form: means the standard supplemental disclosure form required pursuant to Section 10603. See California Insurance Code 10601
  • Discontinuance: shall mean the termination of a policy or the termination of coverage between an entire employer unit under a group disability policy, group nonprofit hospital service contract or self-insured welfare benefit plan, and does not refer to the termination of any agreement between any individual member under a contract and the disability insurer, nonprofit hospital service contract or self-insured welfare benefit plan. See California Insurance Code 10128.1
  • distributed energy resources: means electric generation technology that meets all of the following criteria:

    California Public Utilities Code 353.1

  • distributor: is a ny person other than a manufacturer who sells or distributes new vehicles subject to registration under this code, new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 296
  • Docket: A log containing brief entries of court proceedings.
  • Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
  • 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
  • driving school: is a business which, for compensation, conducts or offers to conduct instruction in the operation of motor vehicles. See California Vehicle Code 310.6
  • Dual language learner children: means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English. See California Education Code 8205
  • Early childhood programs: means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public, private, or proprietary agency, in centers and family childcare homes. See California Education Code 8205
  • Effective date: means , for the conversion of a medical malpractice mutual insurer, the date upon which the conversion of the mutual insurer is effective, as specified in the commissioner's amendment to the mutual insurer's certificate of authority issued in accordance with Section 4097. See California Insurance Code 4097.01
  • Effective date: means , for the conversion of a mutual life insurer, the date upon which the conversion of the mutual life insurer is effective, as specified in the commissioner's amendment to the mutual life insurer's certificate of authority issued in accordance with Section 11542, as a result of conversion proceedings under this chapter. See California Insurance Code 11535.1
  • electric bicycle: is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. See California Vehicle Code 312.5
  • 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 funds transfer: means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape, so as to order, instruct, or authorize a financial institution to debit or credit an account. See California Insurance Code 45
  • Eligible employee: means any permanent employee who is actively engaged on a full-time basis in the conduct of business of the employer or small employer and, who has satisfied any employer or small employer waiting period requirements. See California Insurance Code 10810
  • Eligible employee: means either of the following:

    California Insurance Code 10700

  • Eligible employee: means either of the following:

    California Insurance Code 10755

  • Eligible members: means , for the conversion of a mutual insurer, members of the mutual insurer who are of record, fully paid-up and otherwise in good standing on the mutual insurer's adoption date and on its effective date, but shall not include those persons covered solely under a reporting endorsement to a claims made policy on either date. See California Insurance Code 4097.01
  • Eligible members: means , for the conversion of a mutual life insurer, the members of the mutual life insurer who are of record on the mutual life insurer's adoption date. See California Insurance Code 11535.1
  • 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
  • Emergency condition: means the existence of either of the following:

    California Labor Code 1139

  • Emergency department: means , in a hospital licensed to provide emergency medical services, the location in which those services are provided. See California Health and Safety Code 128700
  • Employee: means all agents, employees, and members of unions or associations to whom benefits are provided under a policy. See California Insurance Code 10128.1
  • employee: shall mean one engaged in agriculture, as such term is defined in subdivision (a). See California Labor Code 1140.4
  • employees: includes furloughed, pensioned, and superannuated employees of any common carrier subject to the provisions of this part, persons who have become disabled or infirm in the service of any such carrier, ex-employees traveling for the purpose of entering the service of any such carrier, and the remains of persons dying while in the employment of any such carrier. See California Public Utilities Code 521
  • Employer: means any corporation, partnership, sole proprietorship, or other business entity doing business in this state that may be eligible to participate in a purchasing alliance. See California Insurance Code 10810
  • Encounter: means a face-to-face contact between a patient and the provider who has primary responsibility for assessing and treating the condition of the patient at a given contact and exercises independent judgment in the care of the patient. See California Health and Safety Code 128700
  • Encumbered property: means real or personal property that is subject to a lien for a secured debt which is a valid claim against the estate and which has been allowed or approved. See California Probate Code 10360
  • endorsement: as used in this chapter means any amendment, change, limitation, alteration or restriction of the printed text of a policy by a rider upon a separate piece of paper made a part of such policy. See California Insurance Code 10274
  • Energy Commission: means the State Energy Resources Conservation and Development Commission. See California Public Utilities Code 20
  • Enrichment: means providing objects or activities, appropriate to the needs of the species, as well as the age, size, and condition of the pet, that stimulate the pet and promote the pet's well-being. See California Health and Safety Code 122380
  • Enrollee: means an eligible employee or dependent who receives health coverage through the program from a participating carrier. See California Insurance Code 10755
  • Enrollee: means an eligible employee or a dependent of an eligible employee who is enrolled in a health benefit plan or ancillary benefit plan offered through the purchasing alliance by a participating carrier. See California Insurance Code 10810
  • Enrollee: means an eligible employee or dependent who receives health coverage through the program from a participating carrier. See California Insurance Code 10700
  • Entertainment industry: means motion pictures of any type, including, but not limited to, film or videotape, using any format, including, but not limited to, theatrical film, commercial, documentary, or television program, by any medium, including, but not limited to, theater, television, or videocassette. See California Labor Code 1286
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Exception: means any provision in a policy whereby coverage for a specified hazard or condition is entirely eliminated. See California Insurance Code 10601
  • Expected claims: means , for the purposes of aggregate stop-loss coverage, the total amount of health claims that is projected to be incurred by a small employer for its employees and their dependents in a policy year. See California Insurance Code 10752
  • Extension of benefits: means the continuation of coverage under a particular benefit provided under a policy following discontinuance with respect to an employee or dependent who is totally disabled on the date of discontinuance. See California Insurance Code 10128.1
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • families: includes the families of such persons and the families of persons killed, and the surviving spouses until remarried and minor children during minority of persons who died while in the service of any such carrier. See California Public Utilities Code 521
  • Family allowance: means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6. See California Probate Code 38
  • Family childcare home education network: means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services. See California Education Code 8205
  • farm labor vehicle: is a ny motor vehicle designed, used, or maintained for the transportation of nine or more farmworkers, in addition to the driver, to or from a place of employment or employment-related activities. See California Vehicle Code 322
  • Federal association: has the meaning given that term in subdivision (b) of §. See California Probate Code 23
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federally eligible defined individual: means an individual who as of the date on which the individual seeks coverage under this part, (1) has 18 or more months of creditable coverage, and whose most recent prior creditable coverage was under a group health plan, a federal governmental plan maintained for federal employees, or a governmental plan or church plan as defined in the federal Employee Retirement Income Security Act of 1974 (29 U. See California Insurance Code 10900
  • Fee: means that monetary amount determined in accordance with this article. See California Public Utilities Code 424
  • Fee: means that monetary amount determined in accordance with this article. See California Public Utilities Code 435
  • Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
  • Fiduciary: A trustee, executor, or administrator.
  • Financial and compliance audit: means a systematic review or appraisal to determine each of the following:

    California Education Code 8335

  • Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Probate Code 40
  • Financially impaired: means , for the purposes of this chapter, a carrier that, on or after the effective date of this chapter, is not insolvent and is either:

    California Insurance Code 10700

  • Fingerprints: means an impression of the lines on the finger taken for the purposes of identification. See California Insurance Code 15001
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Food: means any article used by man for food, drink, confectionery or condiment, or which enters into the composition thereof, whether simple, blended, mixed or compounded. See California Health and Safety Code 112500
  • for hire: means that the entity providing transportation services is compensated for the transportation under contract or agreement. See California Vehicle Code 462
  • Forbearance: A means of handling a delinquent loan. A
  • Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
  • forge: means forge, reproduce, copy, imitate, or counterfeit. See California Labor Code 1013
  • Four-year-old children: means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. See California Education Code 8205
  • Freestanding ambulatory surgery clinic: means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204. See California Health and Safety Code 128700
  • Freeway: means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. See California Streets and Highways Code 23.5
  • Frozen: means food frozen in a room or compartment in which the temperature is plus 5 degrees Fahrenheit or lower. See California Health and Safety Code 112500
  • Frozen food locker plant: means an establishment in which space in the individual lockers is rented, leased, or loaned to individuals, firms, or corporations, for the storage of food for their own use and which is artificially cooled for the purpose of preserving the food. See California Health and Safety Code 112500
  • full authority: means authority to administer the estate under this part that includes all the powers granted under this part. See California Probate Code 10402
  • full-time: means preschool services certified for a child for 25 or more hours per week. See California Education Code 8205
  • Fund: means the Children's Hospital Bond Act Fund created pursuant to Section 1179. See California Health and Safety Code 1179.51
  • Fund: means the Children's Hospital Bond Act Fund created pursuant to Section 1179. See California Health and Safety Code 1179.82
  • Fund: means the California Small Group Reinsurance Fund. See California Insurance Code 10700
  • Funded enrollment: means the number of subsidized children funded to be enrolled, based on the maximum reimbursable amount, contract rate, inclusive of any adjustment factors, and approved program calendar, by a California state preschool program contractor. See California Education Code 8205
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General public paratransit vehicle: means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. See California Vehicle Code 336
  • Generally accepted auditing standards: means the auditing standards set forth in the financial and compliance element of the "Government Auditing Standards" issued by the Comptroller General of the United States and incorporating the audit standards of the American Institute of Certified Public Accountants. See California Education Code 8335
  • Genetic characteristics: means any scientifically or medically identifiable gene or chromosome, or alteration thereof, that is known to be a cause of a disease or disorder, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder. See California Insurance Code 10147
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • governing authority: means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution. See California Health and Safety Code 120335
  • Governing authority: means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution. See California Health and Safety Code 121480
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • grade span: means each of the following:

    California Health and Safety Code 120335

  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grandfathered health benefit plan: means a health benefit plan that constitutes a grandfathered health plan. See California Insurance Code 10755
  • Grandfathered health plan: has the meaning set forth in Section 1251 of PPACA. See California Insurance Code 10755
  • Grant: means the distribution of money in the fund by the authority to children's hospitals for projects pursuant to this part or to an eligible hospital pursuant to this part. See California Health and Safety Code 1179.82
  • Gross intrastate revenues: means those revenues from a public utility subject to the jurisdiction of the commission and accounted for according to the uniform system of accounts maintained by the commission. See California Public Utilities Code 435
  • Guaranteed association: means a nonprofit organization comprised of a group of individuals or employers who associate based solely on participation in a specified profession or industry, accepting for membership any individual or employer meeting its membership criteria which (1) includes one or more small employers as defined in subparagraph (A) of paragraph (1) of subdivision (q), (2) does not condition membership directly or indirectly on the health or claims history of any person, (3) uses membership dues solely for and in consideration of the membership and membership benefits, except that the amount of the dues shall not depend on whether the member applies for or purchases insurance offered by the association, (4) is organized and maintained in good faith for purposes unrelated to insurance, (5) has been in active existence on January 1, 1992, and for at least five years prior to that date, (6) has been offering health insurance to its members for at least five years prior to January 1, 1992, (7) has a constitution and bylaws, or other analogous governing documents that provide for election of the governing board of the association by its members, (8) offers any benefit plan design that is purchased to all individual members and employer members in this state, (9) includes any member choosing to enroll in the benefit plan design offered to the association provided that the member has agreed to make the required premium payments, and (10) covers at least 1,000 persons with the carrier with which it contracts. See California Insurance Code 10755
  • Guaranteed association: means a nonprofit organization comprised of a group of individuals or employers who associate based solely on participation in a specified profession or industry, accepting for membership any individual or employer meeting its membership criteria which (1) includes one or more small employers as defined in paragraph (1) of subdivision (w), (2) does not condition membership directly or indirectly on the health or claims history of any person, (3) uses membership dues solely for and in consideration of the membership and membership benefits, except that the amount of the dues shall not depend on whether the member applies for or purchases insurance offered by the association, (4) is organized and maintained in good faith for purposes unrelated to insurance, (5) has been in active existence on January 1, 1992, and for at least five years prior to that date, (6) has been offering health insurance to its members for at least five years prior to January 1, 1992, (7) has a constitution and bylaws, or other analogous governing documents that provide for election of the governing board of the association by its members, (8) offers any benefit plan design that is purchased to all individual members and employer members in this state, (9) includes any member choosing to enroll in the benefit plan design offered to the association provided that the member has agreed to make the required premium payments, and (10) covers at least 1,000 persons with the carrier with which it contracts. See California Insurance Code 10700
  • Guaranteed elements: means the premiums, benefits, values, credits or charges under a policy of life insurance that are guaranteed and determined at issue. See California Insurance Code 10509.953
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • Hand-feeding: means the process by which a bird is manually fed by a human through the use of hand, spoon, or oral gavage. See California Health and Safety Code 122320
  • Health benefit plan: means a policy or contract written or administered by a carrier that arranges or provides health care benefits for the covered eligible employees of a small employer and their dependents. See California Insurance Code 10755
  • Health benefit plan: means a policy or contract written or administered by a participating carrier that arranges or provides health care benefits for the covered eligible employees of an employer or small employer and their dependents. See California Insurance Code 10810
  • Health benefit plan: means a policy or contract written or administered by a carrier that arranges or provides health care benefits for the covered eligible employees of a small employer and their dependents. See California Insurance Code 10700
  • Health care provider: means any of the following:

    California Health and Safety Code 123105

  • health facilities: means all health facilities required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. See California Health and Safety Code 128700
  • Health services: include , but are not limited to, all of the following:

    California Education Code 8205

  • Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Probate Code 44
  • 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
  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
  • Home protection company: means any person licensed pursuant to this part which issues home protection contracts. See California Insurance Code 12740
  • Home protection contract: means a contract or agreement whereby a person, other than a builder, seller, or lessor of the home which is the subject of the contract, undertakes for a specified period of time, for a predetermined fee, to repair or replace all or any part of any component, system or appliance of a home necessitated by wear and tear, deterioration or inherent defect, arising during the effective period of the contract, and, in the event of an inspection conducted pursuant to subdivision (b) of Section 12761, by the failure of that inspection to detect the likelihood of any such loss. See California Insurance Code 12740
  • Home state: means the District of Columbia and any state or territory of the United States in which the public insurance adjuster's principal place of residence or principal place of business is located. See California Insurance Code 15001
  • Horticultural: includes the curing and drying but not the canning of all varieties of fruit. See California Labor Code 1390
  • Hospital: means all health facilities except skilled nursing, intermediate care, congregate living, and hospice health facilities. See California Health and Safety Code 128700
  • Illustrated scale: means a scale of nonguaranteed elements currently being illustrated that is not more favorable to the policy owner than the lesser of either of the following:

    California Insurance Code 10509.953

  • Illustration: means a presentation or depiction that includes nonguaranteed elements of a policy of life insurance over a period of years and that is one of the three types defined below:

    California Insurance Code 10509.953

  • Illustration actuary: means an actuary meeting the requirements of Section 10509. See California Insurance Code 10509.953
  • improvements pertaining to the realty: include any machinery or equipment installed for use on property taken by eminent domain, or on the remainder if such property is part of a larger parcel, that cannot be removed without a substantial economic loss or without substantial damage to the property on which it is installed, regardless of the method of installation. See California Code of Civil Procedure 1263.205
  • In force business: means an existing health benefit plan issued by the carrier to a small employer. See California Insurance Code 10755
  • In force business: means an existing health benefit plan issued by the carrier to a small employer. See California Insurance Code 10700
  • In force business: means an existing health benefit plan issued by a carrier to a federally eligible defined individual. See California Insurance Code 10900
  • In force illustration: means an illustration furnished at any time after the policy that it depicts has been in force for one year or more. See California Insurance Code 10509.953
  • 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
  • indemnity: as used in this chapter means benefits promised. See California Insurance Code 10272
  • Independent auditors: means public accountants who have no direct or indirect relationship with the functions or activities being audited or with the business conducted by any of the officials or contractors being audited. See California Education Code 8335
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual grandfathered plan coverage: means health care coverage in which an individual was enrolled on March 23, 2010, consistent with Section 1251 of PPACA and any rules or regulations adopted pursuant to that law. See California Insurance Code 10950
  • Initial open enrollment period: means the open enrollment period beginning on January 1, 2011, and ending 60 days thereafter. See California Insurance Code 10950
  • instruction: includes classroom driver education, in-vehicle driver training, and correspondence study. See California Vehicle Code 310.6
  • Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
  • Insurance agent: means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life, disability, or health insurance, on behalf of an admitted insurance company. See California Insurance Code 31
  • Insurance broker: means a person who, for compensation and on behalf of another person, transacts insurance other than life, disability, or health with, but not on behalf of, an insurer. See California Insurance Code 33
  • insured: as used in this chapter , shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein. See California Insurance Code 10325
  • Insurer: as used in this chapter includes a disability insurer that covers hospital, medical, or surgical expenses, and a nonprofit hospital service plan. See California Health and Safety Code 123180
  • Insurer: includes the California FAIR Plan. See California Insurance Code 1875
  • Insurer: means every insurer transacting disability insurance, every self-insured employee welfare plan, and every nonprofit hospital service plan specified in subdivision (e). See California Insurance Code 10601
  • 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
  • interested person: includes any of the following:

    California Probate Code 48

  • 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.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • jurisdictional strike: means a concerted refusal to perform work for an employer or any other concerted interference with an employer's operation or business, arising out of a controversy between two or more labor organizations as to which of them has or should have the exclusive right to bargain collectively with an employer on behalf of his employees or any of them, or arising out of a controversy between two or more labor organizations as to which of them has or should have the exclusive right to have its members perform work for an employer. See California Labor Code 1118
  • label: includes label, imprint, trade-mark, tag, stamp, inscription, or other device. See California Labor Code 1010
  • Labor Commissioner: means the Chief of the Division of Labor Standards Enforcement, or the chief's deputies or agents, who shall have the authority to conduct informal hearings and determine the amount of civil penalties in accordance with this chapter. See California Labor Code 1286
  • Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
  • labor dispute: as used in this chapter has the same meaning as set forth in clauses (i), (ii), and (iii) of paragraph (4) of subdivision (b) of Section 527. See California Labor Code 1138.4
  • labor dispute: includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. See California Labor Code 1140.4
  • labor organization: means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work for agricultural employees. See California Labor Code 1140.4
  • land leveling: shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation. See California Labor Code 1140.4
  • Late enrollee: means an eligible employee or dependent who has declined health coverage under a health benefit plan offered by a small employer at the time of the initial enrollment period provided under the terms of the health benefit plan and who subsequently requests enrollment in a health benefit plan of that small employer, provided that the initial enrollment period shall be a period of at least 30 days. See California Insurance Code 10755
  • Late enrollee: means an eligible employee or dependent who has declined health coverage under a health benefit plan offered by a small employer at the time of the initial enrollment period provided under the terms of the health benefit plan and who subsequently requests enrollment in a health benefit plan of that small employer, provided that the initial enrollment period shall be a period of at least 30 days. See California Insurance Code 10700
  • Late enrollee: means a child without coverage who did not enroll in a health benefit plan during an open enrollment period because of any of the following:

    California Insurance Code 10950

  • Lawful possession of an explosive: as used in this chapter , means possessing explosives in accordance with the stated purpose and conditions of a valid permit obtained pursuant to the provisions of this part, unless such person is specifically excepted from the permit requirements by the provisions of this part. See California Health and Safety Code 12303
  • 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.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessor: includes "bailor" and "lease" includes "bailment. See California Vehicle Code 372
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means any agency permit, certificate, approval, registration, or charter that is required by law and that is issued by any agency for the purposes of operating a business in this state and that is specific to the business location or locations where the unfair immigration-related practice occurred. See California Labor Code 1019
  • Licensee: means a person licensed under this chapter. See California Insurance Code 14001
  • Licensee: means a person licensed under this chapter. See California Insurance Code 15001
  • licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
  • Lien: means a mortgage, deed of trust, or other lien. See California Probate Code 10360
  • Life insurance: means insurance upon the lives of persons or appertaining thereto. See California Insurance Code 10509.953
  • Life or disability income insurer: means an insurer licensed to transact life insurance or disability income insurance in this state or a fraternal benefit society licensed in this state. See California Insurance Code 10147
  • Limitation: means any provision other than an exception or a reduction which restricts coverage under the policy. See California Insurance Code 10601
  • limited authority: means authority to administer the estate under this part that includes all the powers granted under this part except the power to do any of the following:

    California Probate Code 10403

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local authorities: means the legislative body of every county or municipality having authority to adopt local police regulations. See California Vehicle Code 385
  • Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8205
  • Locker: means the individual sections or compartments of a capacity of not to exceed 25 cubic feet in the locker room of a frozen food locker plant. See California Health and Safety Code 112500
  • maintenance: includes any of the following:

    California Streets and Highways Code 27

  • Management company: means the company under contract to the purchasing alliance to provide managerial services for the operation of the purchasing alliance. See California Insurance Code 10810
  • Manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated. See California Insurance Code 14001
  • managerial employee: is a person who exercises control over a business licensed under this code, whether compensated by salary or commission, including, but not limited to, any person who is employed as a general manager, business manager, assistant general manager, finance and insurance manager, advertising manager, or sales manager. See California Vehicle Code 386
  • Medical malpractice mutual insurer: means a mutual insurer organized under this chapter that writes predominantly medical malpractice insurance, as that class of insurance is defined in subdivision (d) of Section 108. See California Insurance Code 4097.01
  • Member: means a person who, by the records of the mutual company and by its articles of incorporation or bylaws, is deemed to be a holder of a membership interest in the mutual company. See California Insurance Code 4097.01
  • Member: means a person who, by the records of the mutual company and by its articles of incorporation or bylaws, is deemed to be a holder of a membership interest in the mutual company. See California Insurance Code 11535.1
  • Membership interests: means the interests of members arising under this code and the articles of incorporation and bylaws of the mutual company or otherwise by law. See California Insurance Code 4097.01
  • Membership interests: means the interests of members arising under this code and the articles of incorporation and bylaws of the mutual company or otherwise by law. See California Insurance Code 11535.1
  • Mental health records: includes , but is not limited to, all alcohol and drug abuse records. See California Health and Safety Code 123105
  • Minimum assumed expenses: means the minimum expenses that may be used in the calculation of the disciplined current scale for a policy form. See California Insurance Code 10509.953
  • Minor: means any person under the age of 18 years who is required to attend school under Chapter 2 (commencing with Section 48200) and Chapter 3 (commencing with Section 48400) of Part 27 of Division 4 of Title 2 of . See California Labor Code 1286
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • moped: is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Vehicle Code 406
  • Mortgage: includes a trust deed, "mortgagor" includes a trustor under such trust deed, "mortgagee" includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and "lien" in respect to real or personal property includes a charge or incumbrance arising out of a trust deed. See California Insurance Code 29
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
  • motor-driven cycle: is a ny motorcycle with a motor that displaces less than 150 cubic centimeters. See California Vehicle Code 405
  • motorcycle: is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. See California Vehicle Code 400
  • motorized quadricycle: is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Vehicle Code 407
  • motorized scooter: is a ny two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. See California Vehicle Code 407.5
  • Mutual capital certificate: has the meaning given that term in §. See California Probate Code 23
  • Mutual company: means , in the case of a plan of conversion, the medical malpractice mutual insurer or mutual holding company that is converting pursuant to the plan. See California Insurance Code 4097.01
  • Mutual company: means , in the case of a plan of conversion, the mutual life insurer, mutual property-casualty insurer, or mutual holding company that is converting pursuant to such plan. See California Insurance Code 11535.1
  • Mutual holding company: means a corporation organized under the laws of this state subject to the general corporation law as set forth in the Corporations Code. See California Insurance Code 4097.01
  • Mutual holding company: means a corporation organized under the laws of this state subject to the General Corporation Law as set forth in the Corporations Code. See California Insurance Code 11535.1
  • Mutual insurer: means , in the case of a plan of conversion under this article, the medical malpractice mutual insurer that is converting pursuant to the plan. See California Insurance Code 4097.01
  • Mutual insurer: means , in the case of a plan of conversion under this chapter, the mutual life insurer or mutual property-casualty insurer that is converting pursuant to such plan. See California Insurance Code 11535.1
  • Mutual life insurer: means a domestic incorporated mutual life insurer, or domestic mutual life and disability insurer, that issues nonassessable policies on a reserve basis. See California Insurance Code 11535.1
  • 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
  • New business: means a health benefit plan issued to a small employer that is not the carrier's in force business. See California Insurance Code 10700
  • New business: means a health benefit plan issued to an eligible individual that is not the carrier's in force business. See California Insurance Code 10900
  • New motor vehicle dealer: is a dealer, as defined in Section 285, who, in addition to the requirements of that section, either acquires for resale new and unregistered motor vehicles from manufacturers or distributors of those motor vehicles or acquires for resale new off-highway motorcycles, or all-terrain vehicles from manufacturers or distributors of the vehicles. See California Vehicle Code 426
  • new vehicle: is a vehicle constructed entirely from new parts that has never been the subject of a retail sale, or registered with the department, or registered with the appropriate agency or authority of any other state, District of Columbia, territory or possession of the United States, or foreign state, province, or country. See California Vehicle Code 430
  • 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.
  • Nongrandfathered health benefit plan: means a health benefit plan that is not a grandfathered health plan. See California Insurance Code 10755
  • nonrepairable vehicle: is a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivision (a), (b), or (c). See California Vehicle Code 431
  • nonrepairable vehicle certificate: is a vehicle ownership document issued to the owner of a nonrepairable vehicle. See California Vehicle Code 432
  • nonresident: means a person who is not a resident of this state at the time of the performance of the act referred to in Section 14071. See California Insurance Code 14078
  • nonresident: means a person who is not a resident of this state at the time of the performance of the act referred to in Section 15045. See California Insurance Code 15052
  • Oath: includes affirmation. See California Insurance Code 17
  • Oath: includes affirmation. See California Labor Code 16
  • Oath: A promise to tell the truth.
  • official traffic control signal: is a ny device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction. See California Vehicle Code 445
  • Open enrollment period: means the annual open enrollment period subsequent to the initial open enrollment period, applicable to each individual child that is the month of the child's birth date. See California Insurance Code 10950
  • Operator: means any person, firm or corporation operating or maintaining a frozen food locker plant. See California Health and Safety Code 112500
  • operator: means a person who owns or operates, or both, a pet boarding facility. See California Health and Safety Code 122380
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • 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.
  • 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
  • Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
  • Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Education Code 8205
  • part-time: means preschool services certified for a child for fewer than 25 hours per week. See California Education Code 8205
  • Participating carrier: means a carrier that contracts with a purchasing alliance to provide coverage to enrollees under a health benefit plan or ancillary benefit plan. See California Insurance Code 10810
  • Participating carrier: means a carrier that has entered into a contract with the program to provide health benefits coverage under this part. See California Insurance Code 10700
  • Participating employer: means an employer or small employer who contracts with a purchasing alliance to provide coverage to the employer's or small employer's employees. See California Insurance Code 10810
  • Patient: means a patient or former patient of a health care provider. See California Health and Safety Code 123105
  • Patient records: includes only records pertaining to the patient requesting the records or whose representative requests the records. See California Health and Safety Code 123105
  • Pedestrian: includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). See California Vehicle Code 467
  • Permanent or fixed enclosure: means a structure, including, but not limited to, an exercise run, kennel, or room, used to restrict a pet, that provides for the effective separation of a pet from the pet's waste products. See California Health and Safety Code 122380
  • Person: includes any individual, firm, company, association, organization, partnership, limited liability company, and corporation. See California Insurance Code 14001
  • Person: includes any individual, firm, company, association, organization, partnership, limited liability company, and corporation. See California Insurance Code 15001
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
  • Person: means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity. See California Health and Safety Code 122380
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • Person: means an individual, partnership, firm, association, corporation, joint-stock company, limited liability company, trust, government or governmental agency, state or political subdivision of a state, public or private corporation, board, association, estate, trustee, or fiduciary, or any similar entity. See California Insurance Code 4097.01
  • person: shall mean one or more individuals, corporations, partnerships, limited liability companies, associations, legal representatives, trustees in bankruptcy, receivers, or any other legal entity, employer, or labor organization having an interest in the outcome of a proceeding under this part. See California Labor Code 1140.4
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
  • Person: means an individual, partnership, firm, association, corporation, joint-stock company, limited liability company, trust, government or governmental agency, state or political subdivision of a state, public or private corporation, board, association, estate, trustee, or fiduciary, or any similar entity. See California Insurance Code 11535.1
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
  • Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
  • Pet: means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles, and amphibians. See California Health and Safety Code 122380
  • Pet boarding facility: means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. See California Health and Safety Code 122380
  • Pet shop: means a retail pet shop location primarily engaged in retailing pets, pet foods, and pet supplies, as defined by the North American Industry Classification System. See California Health and Safety Code 122320
  • pickup truck: is a motor truck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. See California Vehicle Code 471
  • Plaintiff: includes a cross-complainant or other person by whom an action is commenced. See California Code of Civil Procedure 583.110
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: means a plan adopted by a mutual company in compliance with this article. See California Insurance Code 4097.01
  • plan: means a plan adopted by a mutual company in compliance with this chapter. See California Insurance Code 11535.1
  • Plan of operation: means the plan of operation of the fund, including articles, bylaws, and operating rules adopted by the fund pursuant to Article 3 (commencing with Section 10719). See California Insurance Code 10700
  • 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.
  • Policy: means an individual or group policy of insurance issued by a mutual insurer or a converted insurer. See California Insurance Code 4097.01
  • Policy: means any group insurance policy, group hospital service contract or other plan, contract or policy subject to the provisions of this article. See California Insurance Code 10128.1
  • Policy: means (1) a life insurance policy or a disability income insurance policy delivered in this state, or (2) a certificate of life insurance benefits or disability income insurance benefits, issued under a group life or disability income insurance policy and delivered in this state by a life or disability income insurer or a fraternal benefits society, regardless of the location of the group master policy. See California Insurance Code 10147
  • Policy: means an individual or group policy of insurance issued by a life insurer. See California Insurance Code 11535.1
  • policy of accident and sickness insurance: as used in this chapter includes any policy or contract covering the kind or kinds of insurance described in Section 106. See California Insurance Code 10275
  • Policy owner: means the owner named in the policy or the certificate holder in the case of a group policy. See California Insurance Code 10509.953
  • Policy year: means the 12-month period that is designated as the policy year or policy period for the stop-loss insurance policy. See California Insurance Code 10752
  • Policyholder: means the holder of a policy other than a reinsurance contract. See California Insurance Code 4097.01
  • Policyholder: means the holder of a policy other than a reinsurance contract. See California Insurance Code 11535.1
  • policyholders: as used in this chapter shall be deemed to mean the person or persons insured under an individual policy of life insurance, or of disability insurance, or of any combination of life and disability insurance. See California Insurance Code 11526
  • 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
  • PPACA: means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder. See California Insurance Code 10755
  • PPACA: means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any subsequent rules or regulations issued pursuant to that law. See California Insurance Code 10950
  • 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.
  • Preexisting condition provision: means a policy provision that excludes coverage for charges or expenses incurred during a specified period following the insured's effective date of coverage, as to a condition for which medical advice, diagnosis, care, or treatment was recommended or received during a specified period immediately preceding the effective date of coverage. See California Insurance Code 10755
  • Preexisting condition provision: means a policy provision that excludes coverage for charges or expenses incurred during a specified period following the insured's effective date of coverage, as to a condition for which medical advice, diagnosis, care, or treatment was recommended or received during a specified period immediately preceding the effective date of coverage. See California Insurance Code 10700
  • Premium: means the consideration payable to the carrier. See California Insurance Code 10128.1
  • Premium outlay: means the amount of premium assumed to be paid by the policy owner or other premium payer out-of-pocket. See California Insurance Code 10509.953
  • Preschool facility: means a residence or building or part thereof in which preschool services are provided. See California Education Code 8205
  • Primary Care Services Act: means Chapter 1 (commencing with Section 124400), Chapter 2 (commencing with Section 124475), Chapter 3 (commencing with Section 124550), Chapter 4 (commencing with Section 124575), Chapter 5 (commencing with Section 124600), Chapter 6 (commencing with Section 124800), and Article 1 (commencing with Section 124875) of Chapter 7 of, Part 4 of Division 106. See California Health and Safety Code 27
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Processor: means an establishment in which, for compensation directly or indirectly, meat or meat products are cut, wrapped, or frozen to be delivered for frozen storage by the ultimate consumer. See California Health and Safety Code 112500
  • Program: means the Children's Hospital Program established pursuant to this part. See California Health and Safety Code 1179.51
  • Program: means the Children's Hospital Program established pursuant to this part. See California Health and Safety Code 1179.82
  • Program: means the Health Insurance Plan of California. See California Insurance Code 10700
  • Project: means constructing, expanding, remodeling, renovating, furnishing, equipping, financing, or refinancing of a children's hospital to be financed or refinanced with funds provided in whole or in part pursuant to this part. See California Health and Safety Code 1179.82
  • promise: includes promise, undertaking, contract, or agreement, whether written or oral, express or implied. See California Labor Code 920
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protection contract fee: means the consideration received, or to be received, by a home protection company for the issuance of any home protection contract. See California Insurance Code 12740
  • Public accountants: means certified public accountants, or state licensed public accountants. See California Education Code 8335
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchasing alliance: means a non-risk-bearing entity issued a certificate of registration pursuant to this chapter to provide health benefits through multiple unaffiliated participating carriers to multiple participating employers, small employers and their employees within this state as authorized by the commissioner. See California Insurance Code 10810
  • Qualified insurance resource: means personnel and equipment working for, or contracted by, an insurance company with a mission to mitigate risk to insured structures and operating in compliance with instruction and oversight of the incident management team of the authority having jurisdiction. See California Labor Code 1139
  • Quarantine: as used in this chapter , means the strict confinement, upon the private premises of the owner, under restraint by leash, closed cage, or paddock, of all animals specified in the order of the department. See California Health and Safety Code 121580
  • Quasi-community property: means the following property, other than community property as defined in Section 28:

    California Probate Code 66

  • Rabies: as used in this chapter , includes rabies, and any other animal disease dangerous to human beings that may be declared by the department as coming under this chapter. See California Health and Safety Code 121575
  • Railroad: means any steam railroad, electric railroad, or railway, operated in whole or in part in this State. See California Labor Code 600
  • Rating period: means the period for which premium rates established by a carrier are in effect and shall be no less than 12 months from the date of issuance or renewal of the health benefit plan. See California Insurance Code 10755
  • Rating period: means the period for which premium rates established by a carrier are in effect and shall be no less than six months. See California Insurance Code 10700
  • Real property: includes a leasehold interest in real property. See California Probate Code 68
  • reasonable belief that the workplace or worksite is unsafe: means that a reasonable person, under the circumstances known to the employee at the time, would conclude there is a real danger of death or serious injury if that person enters or remains on the premises. See California Labor Code 1139
  • 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
  • Recreational off-highway vehicle: means a motor vehicle meeting all of the following criteria:

    California Vehicle Code 500

  • Reduction: means any provision in a policy which reduces the amount of a policy benefit to some amount or period less than would be otherwise payable for medically authorized expenses or services had such a reduction not been used. See California Insurance Code 10601
  • Registered domestic partner: means a person who has established a domestic partnership as described in §. See California Insurance Code 10755
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • renter: is a person who is engaged in the business of renting, leasing or bailing vehicles for a term not exceeding four months and for a fixed rate or price. See California Vehicle Code 508
  • Replacement coverage: means the benefits provided by a succeeding carrier. See California Insurance Code 10128.1
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • representative: means any of the following:

    California Health and Safety Code 123105

  • representatives: includes any individual or labor organization. See California Labor Code 1140.4
  • required action: means any removal or other remedial action with regard to hazardous materials that is necessary to comply with any requirement of federal, state, or local law. See California Code of Civil Procedure 1263.710
  • 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.
  • rescue team: means a special group of physicians and surgeons, nurses, volunteers, or employees of the owners or operators of the authorized emergency vehicle who have been trained in cardiopulmonary resuscitation and have been designated by the owners or operators of the emergency vehicle to attempt to resuscitate persons who are in immediate danger of loss of life in cases of emergency. See California Vehicle Code 165.5
  • Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights: means a list of the rights of a research participant providing human oocytes for the purposes of medical research. See California Health and Safety Code 125331
  • Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
  • Resident: means any individual who lives in California for at least 90 consecutive days. See California Health and Safety Code 123180
  • Resident: means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Vehicle Code 516
  • residential property: as used in this part means any single or multiple unit or units, including mobilehomes, (as defined in Health and Safety Code Section 18211) used primarily for residential purposes. See California Insurance Code 12740
  • Responsible party for a child: means an adult having custody of the child or with responsibility for the financial needs of the child, including the responsibility to provide health care coverage. See California Insurance Code 10950
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Vehicle Code 520
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Rights in surplus: includes rights of members of the insurer to a distribution of surplus in liquidation, conservation or demutualization of the insurer under this code, or in a dissolution or winding up. See California Insurance Code 4097.01
  • Rights in surplus: includes rights of members of the insurer to a distribution of surplus in liquidation or conservation of the insurer under this code, or in a dissolution or winding up. See California Insurance Code 11535.1
  • Risk adjusted employee risk rate: means the rate determined for an eligible employee of a small employer in a particular risk category after applying the risk adjustment factor. See California Insurance Code 10755
  • Risk adjusted employee risk rate: means the rate determined for an eligible employee of a small employer in a particular risk category after applying the risk adjustment factor. See California Insurance Code 10700
  • Risk adjustment factor: means the percent adjustment to be applied equally to each standard employee risk rate for a particular small employer, based upon any expected deviations from standard claims. See California Insurance Code 10755
  • Risk adjustment factor: means the percent adjustment to be applied equally to each standard employee risk rate for a particular small employer, based upon any expected deviations from standard claims. See California Insurance Code 10700
  • Risk category: means the following characteristics of an eligible employee: age, geographic region, and family size of the employee, plus the benefit plan design selected by the small employer. See California Insurance Code 10755
  • Risk category: means the following characteristics of an eligible employee: age, geographic region, and family size of the employee, plus the benefit plan design selected by the small employer. See California Insurance Code 10700
  • Risk-adjusted outcomes: means the clinical outcomes of patients grouped by diagnoses or procedures that have been adjusted for demographic and clinical factors. See California Health and Safety Code 128700
  • Sales in kilowatt hours: means sales in kilowatt hours, subject to the jurisdiction of the commission, for service directly to customers and subscribers of each electrical corporation, and shall not include interdepartmental sales or transfers and sales to other privately owned or publicly owned public utilities furnishing electricity. See California Public Utilities Code 435
  • Sales in therms: means deliveries of gas in therms, without regard to ownership of the gas, subject to the jurisdiction of the commission, directly to customers and subscribers of each gas corporation, except interdepartmental sales or transfers and sales to other privately owned or publicly owned public utilities furnishing electricity, gas, or heat. See California Public Utilities Code 435
  • Salvage pool: means a person engaged exclusively in the business of disposing of total loss salvage vehicles, nonrepairable vehicles, or recovered stolen vehicles sent to it by, or on behalf of, insurance companies, authorized adjusters, leasing companies, self-insured persons, or financial institutions. See California Vehicle Code 543
  • Savings account: has the meaning given that term in §. See California Probate Code 23
  • Savings association: has the meaning given that term in subdivision (a) of §. See California Probate Code 23
  • school pupil activity bus: is a ny motor vehicle, other than a schoolbus, operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, or by a passenger charter-party carrier, used under a contractual agreement between a school and carrier to transport school pupils at or below the 12th-grade level to or from a public or private school activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway locations where a parent or adult designated by the parent is present to accept the pupil or place the pupil on the bus. See California Vehicle Code 546
  • schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:

    California Vehicle Code 545

  • Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
  • Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Probate Code 70
  • semitrailer: is a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. See California Vehicle Code 550
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service: includes return of summons. See California Code of Civil Procedure 583.110
  • Service locker plant: means a frozen food locker plant in which patrons' foods are prepared or packaged by the operator of the plant before the foods are placed in the lockers for storage. See California Health and Safety Code 112500
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service region: means that portion of the state, designated by the commissioner pursuant to regulations as described in this chapter in which each purchasing alliance must fairly and affirmatively offer, market, and sell all of the health benefit plan designs offered through the purchasing alliance that are sold or offered to a small employer to all small employers. See California Insurance Code 10810
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Site supervisor: means a person who, regardless of their title, has operational program responsibility for an early childhood program at a single site. See California Education Code 8205
  • Small employer: means either of the following:

    California Insurance Code 10755

  • Small employer: means either of the following:

    California Insurance Code 10700

  • snowmobile: is a motor vehicle designed to travel over ice or snow in whole or in part on skis, belts, or cleats, which is commonly referred to as an Over Snow Vehicle (OSV). See California Vehicle Code 557
  • social media: means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. See California Labor Code 980
  • Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
  • Spouse: includes "registered domestic partner" as required by §. See California Insurance Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Labor Code 12.2
  • Standard employee risk rate: means the rate applicable to an eligible employee in a particular risk category in a small employer group. See California Insurance Code 10755
  • Standard employee risk rate: means the rate applicable to an eligible employee in a particular risk category in a small employer group. See California Insurance Code 10700
  • Standard reimbursement rate: means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242. See California Education Code 8205
  • Standard risk rate: means the lowest rate that can be offered for a child with the same benefit plan, effective date, age, geographic region, and family status. See California Insurance Code 10950
  • Startup costs: means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. See California Education Code 8205
  • State: as used in this chapter , has the same meaning as set forth in §. See California Health and Safety Code 121265
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
  • State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
  • State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • State highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Streets and Highways Code 24
  • state of emergency: means a state of emergency or local emergency as defined in §. See California Insurance Code 16000
  • Stock holding company: means a corporation authorized to issue one or more classes of capital stock, the corporate purposes of which include holding all of the voting stock in an insurer that has been converted from a mutual insurer to a stock insurer in proceedings under Section 4097. See California Insurance Code 4097.01
  • Stock holding company: means a corporation authorized to issue one or more classes of capital stock, the corporate purposes of which include holding all of the voting stock in an insurer that has been converted from a mutual life insurer to a stock life insurer in proceedings under Section 11537. See California Insurance Code 11535.1
  • Stop-loss insurance policy: means a policy, contract, certificate, or statement of coverage between a stop-loss insurer and small employer providing individual or aggregate stop-loss insurance coverage, or both, or any other assumption of risk, to a small employer for the liability the small employer incurs related to the covered health claims of its employees and their dependents. See California Insurance Code 10752
  • Stop-loss insurer: means an insurance company providing individual or aggregate stop-loss insurance coverage, or both, or any other assumption of risk, to a small employer for the health claims it incurs for its employees and their dependents. See California Insurance Code 10752
  • Storage locker plant: means a frozen food locker plant, the operator of which does not prepare or package the foods of patrons. See California Health and Safety Code 112500
  • Street: 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 590
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
  • 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 Insurance Code 18
  • subscription: includes mark when the signer or subscriber cannot 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 Public Utilities Code 16
  • 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 Streets and Highways Code 18
  • Summons: Another word for subpoena used by the criminal justice system.
  • supervisor: means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. See California Labor Code 1140.4
  • Supplemental illustration: means an illustration furnished in addition to a basic illustration that meets the applicable requirements of this regulation, and that may be presented in a format differing from the basic illustration, but may only depict a scale of nonguaranteed elements that is permitted in a basic illustration. See California Insurance Code 10509.953
  • Support services: means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. See California Education Code 8205
  • Surplus line broker: means a person licensed under Section 1765 and authorized to do business under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1. See California Insurance Code 47
  • Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8205
  • Temperature: means the average air temperature in refrigerated rooms. See California Health and Safety Code 112500
  • Temporary enclosure: means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet's waste products. See California Health and Safety Code 122380
  • 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.
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Code of Civil Procedure 17
  • Testify: Answer questions in court.
  • Third-party administrator: means the company contracted by the purchasing alliance to provide administrative services for the purchasing alliance and that is licensed to provide those services by the department pursuant to Section 1759. See California Insurance Code 10810
  • Three-year-old children: means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. See California Education Code 8205
  • Time of sale: means the calendar date the retail purchaser removed the bird from the premises of the pet shop following the retail sale of that bird. See California Health and Safety Code 122320
  • 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
  • trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
  • trailer coach: is a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle. See California Vehicle Code 635
  • Trainman: means a conductor, motorman, engineer, fireman, brakeman, train dispatcher, or telegraph operator, employed by or working in connection with a railroad. See California Labor Code 600
  • 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.
  • Transferee: means the beneficiary, donee, or other recipient of an interest transferred by an instrument. See California Probate Code 81.5
  • Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
  • transporter: is a person engaged in the business of moving any owned or lawfully possessed vehicle by lawful methods over the highways for the purpose of delivery of such vehicles to dealers, sales agents of a manufacturer, purchasers, or to a new location as requested by the owner. See California Vehicle Code 645
  • Trust: includes the following:

    California Probate Code 82

  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Probate Code 83
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
  • ultraclean and low-emission distributed generation: means any electric generation technology that meets both of the following criteria:

    California Public Utilities Code 353.2

  • unfair immigration-related practice: means any of the following practices, when undertaken for the retaliatory purposes prohibited by subdivision (a):

    California Labor Code 1019

  • unfair labor practice: means any unfair labor practice specified in Chapter 4 (commencing with Section 1153) of this part. See California Labor Code 1140.4
  • Unweaned bird: means any bird that requires hand-feeding or animal assistance to sustain at least 90 percent of its own weight for at least two weeks. See California Health and Safety Code 122320
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • used vehicle: is a vehicle that has been sold, or has been registered with the department, or has been sold and operated upon the highways, or has been registered with the appropriate agency of authority, of any other state, District of Columbia, territory or possession of the United States or foreign state, province or country, or unregistered vehicles regularly used or operated as demonstrators in the sales work of a dealer or unregistered vehicles regularly used or operated by a manufacturer in the sales or distribution work of such manufacturer. See California Vehicle Code 665
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Utility-terrain vehicle: means a motor vehicle subject to subdivision (a) of Section 38010 that is all of the following:

    California Vehicle Code 531

  • vanpool vehicle: is a ny motor vehicle, other than a motortruck or truck tractor, designed for carrying more than 10 but not more than 15 persons including the driver, which is maintained and used primarily for the nonprofit work-related transportation of adults for the purposes of ridesharing. See California Vehicle Code 668
  • 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
  • Vendor: means any person or entity, including, but not limited to, a broker, agent, aviary, or breeder, who sells birds directly to the retail purchaser at a bird mart or at a swap meet as defined in §. See California Health and Safety Code 122320
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Violation: means each incident when an unfair immigration-related practice was committed, without reference to the number of employees involved in the incident. See California Labor Code 1019
  • Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
  • Voting stock: means securities of any class or any ownership interest having voting power for the election of directors, trustees, or management of a person, other than securities having voting power only because of the occurrence of a contingency. See California Insurance Code 4097.01
  • Voting stock: means securities of any class or any ownership interest having voting power for the election of directors, trustees, or management of a person, other than securities having voting power only because of the occurrence of a contingency. See California Insurance Code 11535.1
  • Waiting period: means a period that is required to pass with respect to the employee before the employee is eligible to be covered for benefits under the terms of the contract. See California Insurance Code 10755
  • Weaned: means a bird that does not require hand-feeding or animal assistance to sustain at least 90 percent of its own weight following the time of sale, notwithstanding any illness or injury. See California Health and Safety Code 122320
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • youth bus: is a ny bus, other than a schoolbus, designed for and when actually carrying not more than 16 persons and the driver, used to transport children at or below the 12th-grade level directly from a public or private school to an organized nonschool-related youth activity within 25 miles of the school or directly from a location which provides the organized nonschool-related youth activity to a public or private school within 25 miles of that location. See California Vehicle Code 680