Article 1 Definitions
Article 2 Registration
Article 3 Fees
Article 4 Examinations
Article 5 Advisory Committee
Article 6 Disciplinary Action

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Terms Used In California Codes > Business and Professions Code > Division 5 > Chapter 5.5 - Service Agencies for Weighing and Measuring Devices

  • Accommodation: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities therein that is designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals, or any unit or berth on a commercial passenger ship, which is included in the offering of a time-share plan. See California Business and Professions Code 11212
  • Acquiring district: means a district in which all or a part of, a state-aided district or an applicant district has been included. See California Education Code 16733
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Acute psychiatric hospital: means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services. See California Health and Safety Code 1250
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • advance fee: as used in this part , is a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee for services requiring a license, or for a listing, as that term is defined in Section 10027, before fully completing the service the licensee contracted to perform or represented would be performed. See California Business and Professions Code 10026
  • Advertisement: means any written, oral, or electronic communication that is directed to or targeted to persons within the state or such a communication made from this state or relating to a time-share plan located in this state and contains a promotion, inducement, or offer to sell a time-share plan, including, but not limited to, brochures, pamphlets, radio and television scripts, electronic media, telephone and direct mail solicitations, and other means of promotion. See California Business and Professions Code 11212
  • Advertising medium: includes banner, sign, placard, poster, streamer, and card. See California Business and Professions Code 13400
  • Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
  • agency shop: means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of that organization for the duration of the agreement or for a period of three years from the effective date of the agreement, whichever comes first. See California Government Code 71814
  • Allegation: something that someone says happened.
  • Alternative work: means work that the employee has the ability to perform, that offers wages and compensation that are at least 85 percent of those paid to the employee at the time of injury, and that is located within reasonable commuting distance of the employee's residence at the time of injury. See California Labor Code 4658.1
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • antiknock index number: when used in this chapter, means that number assigned to a spark-ignition engine fuel that designates the antiknock quality. See California Business and Professions Code 13400
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16502
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16702
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
  • Assessment: means the share of funds required for the payment of common expenses that is assessed from time to time against each purchaser by the managing entity. See California Business and Professions Code 11212
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means the organized body consisting of the purchasers of time-share interests in a time-share plan. See California Business and Professions Code 11212
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Board: means the State Allocation Board. See California Education Code 16502
  • Board: means the State Allocation Board. See California Education Code 16702
  • Bond: includes warrant or other evidence of indebtedness. See California Government Code 53430
  • Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7500.1
  • 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
  • business opportunity: shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity. See California Business and Professions Code 10030
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • center: means the California Habeas Corpus Resource Center, and "board" means the board of directors of the center. See California Government Code 68660
  • Centralized applications unit: means the centralized applications unit in the Licensing and Certification Division of the department, or a successor entity. See California Health and Safety Code 1200
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7500.1
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • clerk: means the clerk of a county or the legislative body thereof. See California Government Code 50270.5
  • clinic: means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. See California Health and Safety Code 1200
  • Clinic corporation: means a nonprofit organization that operates one or more primary care clinics, as defined in paragraph (1) of subdivision (a) of Section 1204, that are required to be licensed under Section 1205, one or more mobile health care units required to be licensed or approved pursuant to the Mobile Health Care Services Act (Chapter 9 (commencing with Section 1765. See California Health and Safety Code 1200
  • Commissioner: means the Real Estate Commissioner. See California Business and Professions Code 11212
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • 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.
  • Complaint: means the facts of the underlying transaction upon which the criminal restitution order is based. See California Business and Professions Code 10471
  • Component site: means a specific geographic location where accommodations that are part of a multisite time-share plan are located. See California Business and Professions Code 11212
  • Congregate living health facility: means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). See California Health and Safety Code 1250
  • conscientiously and in good faith: means that no party potentially liable to the claimant in the underlying transaction was intentionally and without good cause omitted from the complaint, that no party named in the complaint who otherwise reasonably appeared capable of responding in damages was dismissed from the complaint intentionally and without good cause, and that the claimant employed no other procedural means contrary to the diligent prosecution of the complaint in order to seek to qualify for the Consumer Recovery Account. See California Business and Professions Code 10471
  • Conspicuous type: means either of the following:

    California Business and Professions Code 11212

  • Correct: means a device that meets all of the tolerance and specification requirements of Section 12107. See California Business and Professions Code 12531
  • Correctional treatment center: means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. See California Health and Safety Code 1250
  • County: includes city and county. See California Food and Agricultural Code 29
  • County: includes city and county. See California Government Code 19
  • County: includes city and county. See California Health and Safety Code 14
  • County: includes "city and county. See California Labor Code 14
  • County: includes every county and city and county within this State. See California Vehicle Code 270
  • Dealer: is a person not otherwise expressly excluded by Section 286 who:

    California Vehicle Code 285

  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 7500.1
  • Department: means the Licensing and Certification Division of the State Department of Public Health, or its successor. See California Health and Safety Code 1200
  • Department: means the "Department of Real Estate. See California Business and Professions Code 11212
  • Department: means the State Department of Education. See California Education Code 16502
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Department: means Department of Industrial Relations. See California Labor Code 19
  • 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
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Developer: means and includes any person who creates a time-share plan or is in the business of selling time-share interests, other than those employees or agents of the developer who sell time-share interests on the developer's behalf, or retains agents to do the same, or any person who succeeds to the interest of a developer by sale, lease, assignment, mortgage, or other transfer, but the term includes only those persons who offer time-share interests for disposition in the ordinary course of business. See California Business and Professions Code 11212
  • Developmental engine fuel: means an engine fuel that does not meet standards established by this chapter but has characteristics that may lead to an improved fuel standard or the development of an alternative fuel standard. See California Business and Professions Code 13400
  • Device: means a weighing or measuring equipment, contrivance, or instrument used, or designed to be used, for determining weight or measure, and includes any tool, appliance, or accessory used in connection therewith, that is used for commercial purposes, as defined in subdivision (e) of Section 12500. See California Business and Professions Code 12531
  • Devise: To gift property by will.
  • Diesel fuel: means any hydrocarbon oil meant for combustion in compression-ignition engines offered for sale that meets the standards for diesel fuel prescribed by this chapter. See California Business and Professions Code 13400
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 7500.1
  • Director: means the Director of Industrial Relations. See California Labor Code 3700.1
  • director: means the Director of Industrial Relations or the director's designated agents. See California Labor Code 3710
  • Director: means the Director of Industrial Relations. See California Labor Code 3741
  • Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 16502
  • Director: means the Director of Education. See California Education Code 16702
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Director: means Director of Industrial Relations. See California Labor Code 20
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • disposition: means a voluntary transfer or assignment of any legal or equitable interest in a time-share plan, other than the transfer, assignment, or release of a security interest. See California Business and Professions Code 11212
  • 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.
  • driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
  • Electrolysis: as used in this chapter includes electrolysis or thermolysis. See California Business and Professions Code 7316
  • 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
  • employer: means :

    California Labor Code 3300

  • Engine fuel: means any gasoline, diesel, or alternative fuel used for the generation of power in an internal combustion engine or fuel cell in a motor vehicle, or electrical power delivered conductively or inductively to an electric motor in electric or plug-in hybrid vehicles. See California Business and Professions Code 13400
  • 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.
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
  • Exchange company: means any person owning or operating, or both owning and operating, an exchange program. See California Business and Professions Code 11212
  • Exchange program: means any method, arrangement, or procedure for the voluntary exchange of time-share interests or other property interests. See California Business and Professions Code 11212
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • 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
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Forbearance: A means of handling a delinquent loan. A
  • Fuel oil: means any product offered for sale that is burned in a furnace or boiler for the generation of heat and meets the standards prescribed for fuel oil by this chapter. See California Business and Professions Code 13400
  • Full and adequate consideration: as used in this title means fair market value. See California Government Code 82025.5
  • Fund: means the Self-Insurers' Security Fund established pursuant to Section 3742. See California Labor Code 3741
  • Gasoline: means a volatile mixture of liquid hydrocarbons, generally containing small amounts of additives, suitable for use as a fuel in a spark-ignition internal combustion engine. See California Business and Professions Code 13400
  • general acute care hospital: includes a "rural general acute care hospital. See California Health and Safety Code 1250
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • health facility: means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types:

    California Health and Safety Code 1250

  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Incidental benefit: is a n accommodation, product, service, discount, or other benefit, other than an exchange program, that is offered to a prospective purchaser of a time-share interest prior to the end of the rescission period set forth in Section 11238, the continuing availability of which for the use and enjoyment of owners of time-share interests in the time-share plan is limited to a term of not more than three years, subject to renewal or extension. See California Business and Professions Code 11212
  • Incurred liabilities for the payment of compensation: means the sum of an estimate of future compensation, as compensation is defined by Section 3207, plus an estimate of the amount necessary to provide for the administration of claims, including legal costs. See California Labor Code 3700.1
  • Indirect project children: means children of parents who have come to the district subsequent to the start of the state project and who are not employed by a contractor or subcontractor of a state project but who are children in the area in addition to those which would be expected as a result of normal development and growth of the area as determined pursuant to regulations of the director which he or she is hereby authorized to adopt. See California Education Code 16502
  • injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
  • Insolvent self-insurer: means a private self-insurer who has failed to pay compensation and whose security deposit has been called by the director pursuant to Section 3701. See California Labor Code 3741
  • Intermediate care facility: means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care. See California Health and Safety Code 1250
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgment: means the criminal restitution order. See California Business and Professions Code 10471
  • Judgment debtor: means any defendant who is the subject of the criminal restitution order. See California Business and Professions Code 10471
  • Juror: A person who is on the jury.
  • Kerosene: means a fuel offered for sale that meets the standards for kerosene prescribed in this chapter. See California Business and Professions Code 13400
  • Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
  • life-threatening illness: means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon. See California Health and Safety Code 1250
  • listing: as used in this part includes, but is not limited to:

    California Business and Professions Code 10027

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: means county, city, irrigation district, reclamation district, school district, or other municipal corporation. See California Government Code 53430
  • Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
  • Lubricant: means a lubricating oil or other substance that reduces friction and wear between moving parts within an engine and other motor vehicle components. See California Business and Professions Code 13400
  • Lubricating oil: means motor oil, engine lubricant, engine oil, lubricating axle oil, gear oil, or manual transmission fluid. See California Business and Professions Code 13400
  • Managing entity: means the person who undertakes the duties, responsibilities, and obligations of the management of a time-share plan. See California Business and Professions Code 11212
  • Manufacturer: means manufacturer, refiner, producer, or importer. See California Business and Professions Code 13400
  • Medical director: means the physician appointed by the administrative director pursuant to Section 122. See California Labor Code 29
  • Member: means a private self-insurer which participates in the Self-Insurers' Security Fund. See California Labor Code 3700.1
  • Member: means a private self-insurer which participates in the Self-Insurers' Security Fund. See California Labor Code 3741
  • Modified work: means regular work modified so that the employee has the ability to perform all the functions of the job and that offers wages and compensation that are at least 85 percent of those paid to the employee at the time of injury, and located within a reasonable commuting distance of the employee's residence at the time of injury. See California Labor Code 4658.1
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor oil: means an oil that reduces friction and wear between the moving parts within an internal combustion engine and also serves as a coolant. See California Business and Professions Code 13400
  • motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
  • Motor vehicle fuel: means "engine fuel" when that term is used in this chapter. See California Business and Professions Code 13400
  • motortruck: is a motor vehicle designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 410
  • 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
  • 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
  • Nonresident: is a person who is not a resident of this State. See California Vehicle Code 435
  • Nursing facility: means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U. See California Health and Safety Code 1250
  • Offer: means any inducement, solicitation, or other attempt, whether by marketing, advertisement, oral or written presentation, or any other means, to encourage a person to acquire a time-share interest in a time-share plan, other than as security for an obligation. See California Business and Professions Code 11212
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Original district: means a state-aided or applicant district included in whole or in part in an acquiring district. See California Education Code 16733
  • 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
  • paratransit vehicle: is a passenger vehicle, other than a bus, schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or taxicab that is both of the following:

    California Vehicle Code 462

  • passenger vehicle: is a ny motor vehicle, other than a motortruck, truck tractor, or a bus, as defined in Section 233, and used or maintained for the transportation of persons. See California Vehicle Code 465
  • Permanent partial disability: means a permanent disability with a rating of less than 100 percent permanent disability. See California Labor Code 4452.5
  • Permanent total disability: means a permanent disability with a rating of 100 percent permanent disability only. See California Labor Code 4452.5
  • Person: as used in this chapter includes an individual, a firm, partnership, corporation, limited liability company, association or other organization, or any combination thereof. See California Business and Professions Code 7025
  • Person: means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity, or any combination thereof. See California Business and Professions Code 11212
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
  • Personal physician: includes a medical group, if the medical group is a single corporation or partnership composed of licensed doctors of medicine or osteopathy, which operates an integrated multispecialty medical group providing comprehensive medical services predominantly for nonoccupational illnesses and injuries. See California Labor Code 4600
  • Placed in service: means to permit the use of a device that has been tested and found to be correct, as defined in subdivision (c) of Section 12500, and type approved, as provided for in Section 12500. See California Business and Professions Code 12531
  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary care clinics: means all the types of clinics specified in subdivision (a) of Section 1204, including community clinics and free clinics. See California Health and Safety Code 1200
  • private school: is a ny school, whether conducted for profit or not, giving a course of training similar to that given in a public school at or below the twelfth grade, including but not limited to schools owned or operated by any church. See California Vehicle Code 492
  • Private self-insurer: means a private employer which has secured the payment of compensation pursuant to Section 3701. See California Labor Code 3700.1
  • Private self-insurer: means a private employer which has secured the payment of compensation pursuant to subdivision (b) of Section 3700. See California Labor Code 3741
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • Project: means the purposes for which a school district has applied for an apportionment. See California Education Code 16502
  • Project: means the purpose or purposes for which a school district has applied for an apportionment or apportionments. See California Education Code 16702
  • Project children: means children of parents who have come to the district subsequent to the start of the state project and who are employed by the State of California or the federal government in connection with a state project and children of parents employed by any contractor or subcontractor of a state project. See California Education Code 16502
  • Promotion: means a plan or device, including one involving the possibility of a prospective purchaser receiving a vacation, discount vacation, gift, or prize, used by a developer, or an agent, independent contractor, or employee of any of the same on behalf of the developer, in connection with the offering and sale of time-share interests in a time-share plan. See California Business and Professions Code 11212
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
  • Public report: means a preliminary public report, conditional public report, final public report, or other such disclosure document authorized for use in connection with the offering of time-share interests pursuant to this chapter. See California Business and Professions Code 11212
  • Purchase contract: means a document pursuant to which a developer becomes legally obligated to sell, and a purchaser becomes legally obligated to buy, a time-share interest. See California Business and Professions Code 11212
  • Purchaser: means any person, other than a developer, who by means of a voluntary transfer for consideration acquires a legal or equitable interest in a time-share plan other than as security for an obligation. See California Business and Professions Code 11212
  • qualified interpreter: means a language interpreter certified, or deemed certified, pursuant to Article 8 (commencing with Section 11435. See California Labor Code 4600
  • reasonable expenses of transportation: includes mileage fees from the employee's home to the place of the examination and back at the rate of twenty-one cents ($0. See California Labor Code 4600
  • 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
  • Recovery Account: shall be deemed to refer to the Consumer Recovery Account. See California Business and Professions Code 10450.6
  • Regular work: means the employee's usual occupation or the position in which the employee was engaged at the time of injury and that offers wages and compensation equivalent to those paid to the employee at the time of injury, and located within a reasonable commuting distance of the employee's residence at the time of injury. See California Labor Code 4658.1
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • remanufactured vehicle: is a vehicle that has been constructed by a licensed remanufacturer and consists of any used or reconditioned integral parts, including, but not limited to, frame, engine, transmission, axles, brakes, or suspension. See California Vehicle Code 507.5
  • remanufacturer: is a ny person who for commission, money, or other thing of value, produces a vehicle that consists of any used or reconditioned integral parts, including, but not limited to, frame, engine, transmission, axles, brakes, or suspension which is subject to registration under this code. See California Vehicle Code 507.8
  • Renewable diesel fuel: means a diesel fuel derived from nonpetroleum renewable resources. See California Business and Professions Code 13400
  • 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.
  • Reservation system: means the method, arrangement, or procedure by which a purchaser, in order to reserve the use or occupancy of any accommodation of a multisite time-share plan for one or more time-share periods, is required to compete with other purchasers in the same multisite time-share plan, regardless of whether the reservation system is operated and maintained by the multisite time-share plan managing entity, an exchange company, or any other person. See California Business and Professions Code 11212
  • 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
  • retarder: is a device, other than a brake, which, when activated by the driver, applies a retarding force to the wheels of a vehicle without the use of friction. See California Vehicle Code 521
  • 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
  • Road: means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3. See California Vehicle Code 527
  • Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Business and Professions Code 10013
  • Salvage vehicle rebuilder: means any person who rebuilds a total loss salvage vehicle, as defined in Section 544, or a vehicle reported for dismantling pursuant to Section 11520, for subsequent resale. See California Vehicle Code 543.5
  • 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 Food and Agriculture. See California Food and Agricultural Code 35
  • Service agency: means a person, as defined in Section 12011, that for hire, award, commission, or any other payment of any kind, repairs a commercial device. See California Business and Professions Code 12531
  • Service agent: means a person employed by a service agency to repair a commercial device. See California Business and Professions Code 12531
  • Service of process: The service of writs or summonses to the appropriate party.
  • Services: means any duty or labor to be rendered by one person for another. See California Business and Professions Code 7500.1
  • Sheriff: includes "marshal. See California Labor Code 25
  • Short-term product: means the right to use accommodations on a one-time or recurring basis for a period or periods not to exceed 30 days per stay and for a term of three years or less, and that includes an agreement that all or a portion of the consideration paid by a person for the short-term product will be applied to or credited against the price of a future purchase of a time-share interest or that the cost of a future purchase of a time-share interest will be fixed or locked-in at a specified price. See California Business and Professions Code 11212
  • Skilled nursing facility: includes a "small house skilled nursing facility (SHSNF)" as defined in Section 1323. See California Health and Safety Code 1250
  • Special hospital: means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient care in dentistry or maternity. See California Health and Safety Code 1250
  • Specialty clinics: means all the types of clinics specified in subdivision (b) of Section 1204, including surgical clinics, chronic dialysis clinics, and rehabilitation clinics. See California Health and Safety Code 1200
  • Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
  • Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
  • Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Labor Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Elections Code 356.5
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • State project: means any construction project undertaken by the state, or the state and federal government jointly, which will cause a sudden influx of people into the area affected and where sufficient housing, schools, and other community facilities are not available. See California Education Code 16502
  • State-aided district: means a district to which an apportionment has been made under this chapter. See California Education Code 16733
  • 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 Food and Agricultural Code 49
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government 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 Health and Safety Code 18
  • 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 Labor Code 17
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Time-share instrument: means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan. See California Business and Professions Code 11212
  • Time-share interest: means and includes either of the following:

    California Business and Professions Code 11212

  • Time-share period: means the period or periods of time when the purchaser of a time-share plan is afforded the opportunity to use the accommodations of a time-share plan. See California Business and Professions Code 11212
  • Time-share plan: means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. See California Business and Professions Code 11212
  • Time-share property: means one or more accommodations subject to the same time-share instrument, together with any other property or rights to property appurtenant to those accommodations. See California Business and Professions Code 11212
  • 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.
  • Total loss salvage vehicle: means either of the following:

    California Vehicle Code 544

  • Town: includes "unincorporated town" and "village. See California Government Code 21
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustees: means the Board of Trustees of the Self-Insurers' Security Fund. See California Labor Code 3700.1
  • Trustees: means the Board of Trustees of the Self-Insurers' Security Fund. See California Labor Code 3741
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • 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
  • Venue: The geographical location in which a case is tried.
  • Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17
  • 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