FrankGoortani/open-us-law huggingface dataset:
Cal. HSC § 1374.60 — California Code / Code hsc / Division 2 / Chapter 2.2 / Article 5.6 / Section 1374.60
Section 1374.60
Status: in_force

For purpose of this article, the following definitions shall apply:

(a) A “point-of-service plan contract” means any plan contract offered by a health care service plan whereby the health care service plan assumes financial risk for both “in-network coverage or services” and “out-of-network coverage or services.”

The term “point-of-service plan contract” shall not apply to a plan contract where the out-of-network coverage or service is underwritten by an insurance company admitted in this state or is provided by a self-insured employer and is offered in conjunction with in-network coverage or services provided pursuant to a health care service plan contract.

(b) “Out-of-network coverage or services” means health care services received either from (1) providers who are not employed by, under contract with, or otherwise affiliated with the health care service plan, except for health care services received from these providers in an emergency or when referred or authorized by the plan under procedures specifically reviewed and approved by the director or (2) providers who are employed by, under contract with, or otherwise affiliated with a health care service plan in instances when the “in-network coverage or services” requirements for care set forth in the health care service plan’s approved evidence of coverage are not met.

(c) “In-network coverage or services” means all of the following:

(1) All the health care services provided or offered under the requirements of this chapter that are received from a provider employed by, under contract with, or otherwise affiliated with the health care service plan and in accordance with the procedures set forth in the plan’s approved evidence of coverage.

(2) Health care services received from a provider not affiliated with the health care service plan when the plan arranges for the enrollee to receive services from that provider.

(3) Out-of-area emergency care provided in accordance with the procedures set by the health care service plan to be followed in securing these services.
Cal. FAC § 11701.5 — California Code / Code fac / Division 6 / Chapter 4 / Article 1 / Section 11701.5
Section 11701.5
Status: in_force

Every principal and branch office of a business licensed pursuant to Section 11701 shall have at least one person in a supervisory position who holds a qualified applicator license issued pursuant to Chapter 8 (commencing with Section 12201). The qualified applicator license shall include the categories of pest control activities supervised by that person who is employed by that business.
Cal. PUC § 24865 — California Code / Code puc / Division 10 / Part 1 / Chapter 3 / Article 3 / Section 24865
Section 24865
Status: in_force

Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a member. If a vacancy exists for 90 days, the Governor shall fill the vacancy.
Cal. HSC § 33400 — California Code / Code hsc / Division 24 / Part 1 / Chapter 4 / Article 8 / Section 33400
Section 33400
Status: in_force

Within the survey area or for purposes of redevelopment an agency may:

(a)  Insure or provide for the insurance of any real or personal property of the agency against risks or hazards.

(b)  Rent, maintain, manage, operate, repair, and clear such real property.
Cal. PROB § 10255 — California Code / Code prob / Division 7 / Part 5 / Chapter 18 / Article 5 / Section 10255
Section 10255
Status: in_force

(a) A private sale of personal property may not be made before the day stated in the notice of sale as the day on or after which the sale will be made, nor later than one year after that day.

(b) In the case of a private sale of personal property, the bids or offers shall be in writing and shall be left at the place designated in the notice of sale, or be delivered to the personal representative personally or to the person specified in the notice of sale, at any time after the first publication or posting of notice of sale and before the making of the sale.
Cal. HSC § 111924 — California Code / Code hsc / Division 104 / Part 5 / Chapter 9 / Article 5 / Section 111924
Section 111924
Status: in_force

The department may adopt regulations for recordkeeping standards that shall apply to transporters, manufacturers, and retailers of industrial hemp product and raw extract.
Cal. ELEC § 6901.5 — California Code / Code elec / Division 6 / Part 2 / Chapter 1 / Section 6901.5
Section 6901.5
Status: in_force

On or before the 75th day before an election when electors for the President and Vice President of the United States will be chosen, each political party qualified to participate in the election shall notify the Secretary of State of the names of that party’s nominees for the offices of President and Vice President of the United States. If a qualified political party has not held its national convention by the 75th day before the election, the party shall notify the Secretary of State of the names of the party’s apparent nominees for the offices of President and Vice President of the United States.
Cal. RTC § 19902 — California Code / Code rtc / Division 2 / Part 10.4 / Section 19902
Section 19902
Status: in_force

(a) For purposes of this part, “qualified entity” means an entity that meets both of the following requirements for the taxable year:

(1) The entity is taxed as a partnership or “S” corporation.

(2) The entity’s partners, shareholders, or members in that taxable year are exclusively corporations, as defined in Section 23038, or taxpayers as defined in Section 17004.

(b) “Qualified entity” shall not include any of the following:

(1) Publicly traded partnerships, as defined in Section 7704 of the Internal Revenue Code, as it read on January 1, 2021, as modified by Section 17008.5.

(2) An entity that is permitted or required to be in a combined reporting group, as defined in paragraph (3) of subdivision (b) of Section 25106.5 of Title 18 of the California Code of Regulations.

(c) The amendments made to this section by the act adding this subdivision shall apply for taxable years beginning on or after January 1, 2021, and before January 1, 2026.
Cal. BPC § 24400 — California Code / Code bpc / Division 9 / Chapter 8 / Section 24400
Section 24400
Status: in_force

Notwithstanding any other provision of law, two or more retail licensees of the same type may agree to group purchase distilled spirits and wine from a licensed wholesaler or rectifier through a designated agent, subject to the following restrictions:

(a) The designated agent shall hold a retail license of the same type operating a premises in the same county or counties as the purchasing group.

(b) No retailer shall have more than one designated agent nor shall an agent make purchases for more than one group.

(c) The merchandise purchased for each group shall be delivered to and stored in either a single licensed premises or a single warehouse located in the same county as the premises of the purchasing group and such delivery shall be a single delivery within two consecutive business days at the discount in effect on the day the delivery was commenced. Saturday, Sunday, and holidays shall not be deemed business days.

(d) A record of purchase shall be made by the agent on a master purchase order. Each purchasing retailer shall furnish the designated agent with a signed order setting forth such licensee’s purchase, to be attached to and become a part of the master order. Master and individual orders shall be maintained in compliance with Section 25752 and fiscal liability shall extend in so far as the amount of the purchase designated and delivered for each individual retailer of the purchasing group is subject to the provisions of Section 25509.

(e) The merchandise shall be deemed to have been received by each retailer member of the purchasing group when delivered to the designated premises.

(f) When a group buying member has not made payment in full by the expiration of the 30th day from date of delivery or has not paid the one percent charge at the expiration of the 30th day from the date the charge became due, such group buying member shall be expelled from the buying group and prohibited from rejoining that group or joining any other such group until such time that all payments have been received for the merchandise sold and delivered to such retailer more than 30 days previously.
Cal. VEH § 21200 — California Code / Code veh / Division 11 / Chapter 1 / Article 4 / Section 21200
Section 21200
Status: in_force

(a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.

(2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application.

(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:

(A) In response to an emergency call.

(B) While engaged in rescue operations.

(C) In the immediate pursuit of an actual or suspected violator of the law.

(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.
Cal. SHC § 1392 — California Code / Code shc / Division 2 / Chapter 5 / Article 3 / Section 1392
Section 1392
Status: in_force

If the proportion to be paid by any such city or county can not be otherwise determined, the expense of construction or maintenance of any such bridge shall be borne equally by the city and from the road fund of the road district into both of which the bridge reaches, or by the cities into which the bridge reaches.
Cal. FAC § 79628 — California Code / Code fac / Division 22 / Part 2 / Chapter 28 / Article 2 / Section 79628
Section 79628
Status: in_force

“Producer” means an individual beekeeper or business who owns or operates, or owns and operates, more than 50 colonies in California, with the intent to earn income.
Cal. PROB § 2215 — California Code / Code prob / Division 4 / Part 4 / Chapter 2 / Article 2 / Section 2215
Section 2215
Status: in_force

(a) Any of the following persons may appear at the hearing to support or oppose the petition and may file written objections to the petition:

(1) Any person required to be listed in the petition.

(2) Any creditor of the ward or conservatee or of the estate.

(3) Any other interested person.

(b) (1) If the court determines that the transfer requested in the petition will be for the best interests of the ward or conservatee, it shall make an order transferring the proceeding to the other county.

(2)  In those cases in which the court has approved a change of residence of the conservatee, it shall be presumed to be in the best interests of the conservatee to transfer the proceedings if the ward or conservatee has moved his or her residence to another county within the state in which any person set forth in subdivision (b) of Section 1821 also resides. The presumption that the transfer is in the best interests of the ward or conservatee, may be rebutted by clear and convincing evidence that the transfer will harm the ward or conservatee.
Cal. SHC § 5507 — California Code / Code shc / Division 7 / Part 3 / Chapter 19 / Section 5507
Section 5507
Status: in_force

At the time fixed for the hearing, or at such time or times to which the hearing may be thereafter adjourned, the legislative body shall consider the objections to the reassessment and in its discretion informally direct the revision, correction or modification of such reassessment in such manner as is most equitable to apportion to each lot or parcel of land thereby benefited the amount of the actual benefits derived from the work. When the reassessment is revised, or corrected or modified so as to comply with the judgment of the legislative body, then it shall pass a resolution confirming the reassessment.
Cal. BPC § 6025 — California Code / Code bpc / Division 3 / Chapter 4 / Article 2 / Section 6025
Section 6025
Status: in_force

Subject to the laws of this state, the board may formulate and declare rules and regulations necessary or expedient for the carrying out of this chapter.
Cal. FAC § 79471 — California Code / Code fac / Division 22 / Part 2 / Chapter 27 / Article 4 / Section 79471
Section 79471
Status: in_force

The commission may conduct outreach, advertise, and educate and instruct the public and the retail and wholesale trade with respect to the quality, features, uses, and value of nursery products and the practices and methods of production used by nurseries.
Cal. INS § 6015 — California Code / Code ins / Division 2 / Part 1 / Chapter 5 / Article 4 / Section 6015
Section 6015
Status: in_force

The insurer may add to the policy any matter relating to its financial condition, directors, officers, members and history, and the address of its home office and principal office in the State.
Cal. PRC § 42984.9 — California Code / Code prc / Division 30 / Part 3 / Chapter 20.5 / Article 4 / Section 42984.9
Section 42984.9
Status: in_force

The PRO shall fully implement the approved plan within 12 months of the department’s approval of the plan pursuant to Section 42984.8.
Cal. WAT § 85211 — California Code / Code wat / Division 35 / Part 3 / Chapter 2 / Section 85211
Section 85211
Status: in_force

The Delta Plan shall include performance measurements that will enable the council to track progress in meeting the objectives of the Delta Plan. The performance measurements shall include, but need not be limited to, quantitative or otherwise measurable assessments of the status and trends in all of the following:

(a) The health of the Delta’s estuary and wetland ecosystem for supporting viable populations of aquatic and terrestrial species, habitats, and processes, including viable populations of Delta fisheries and other aquatic organisms.

(b) The reliability of California water supply imported from the Sacramento River or the San Joaquin River watershed.
Cal. RTC § 41174 — California Code / Code rtc / Division 2 / Part 20 / Chapter 7 / Article 5 / Section 41174
Section 41174
Status: in_force

(a) A taxpayer may file a claim with the department for reimbursement of bank charges and any other reasonable third-party check charge fees incurred by the taxpayer as the direct result of an erroneous levy or notice to withhold, erroneous processing action, or erroneous collection action by the department. Bank and third-party charges include a financial institution’s or third party’s customary charge for complying with the levy or notice to withhold instructions and reasonable charges for overdrafts that are a direct consequence of the erroneous levy or notice to withhold, erroneous processing action, or erroneous collection action. The charges are those paid by the taxpayer and not waived or reimbursed by the financial institution or third party. Each claimant applying for reimbursement shall file a claim with the department that shall be in a form as may be prescribed by the department. In order for the department to grant a claim, the department shall determine that both of the following conditions have been satisfied:

(1) The erroneous levy or notice to withhold, erroneous processing action, or erroneous collection action was caused by department error.

(2) Prior to the erroneous levy or notice to withhold, erroneous processing action, or erroneous collection action, the taxpayer responded to all contacts by the department and provided the department with any requested information or documentation sufficient to establish the taxpayer’s position. This provision may be waived by the department for reasonable cause.

(b) Claims pursuant to this section shall be filed within 90 days from the date the bank and third-party charges were incurred by the taxpayer. Within 30 days from the date the claim is received, the department shall respond to the claim. If the department denies the claim, the taxpayer shall be notified in writing of the reason or reasons for the denial of the claim.
Cal. BPC § 17529.9 — California Code / Code bpc / Division 7 / Part 3 / Chapter 1 / Article 1.8 / Section 17529.9
Section 17529.9
Status: in_force

The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application.
Cal. HSC § 40501.3 — California Code / Code hsc / Division 26 / Part 3 / Chapter 5.5 / Article 7 / Section 40501.3
Section 40501.3
Status: in_force

(a)  Notwithstanding any other provision of this division, the south coast district board may authorize, by resolution, the holding of single-member hearings by the chairman of the hearing board and any other member or alternate designated by the hearing board, under the conditions specified in this section.

(b)  Single-member hearings shall be authorized, when stipulated to by the executive officer and the petitioner, only for the purpose of hearing petitions for emergency variances pursuant to Section 42359.5, interim variances pursuant to Section 42351, short variances and modifications of a schedule of increments of progress of a duration not to exceed 60 days pursuant to Section 40825, interim authorizations pursuant to Section 42351.5, and modifications of variances pursuant to Section 42356 which do not modify the final compliance date.

(c)  The procedure for conducting single-member hearings shall be the same as for hearings before the full board and all legal requirements, including notice requirements, findings, and conditions, shall apply, except that the single member may take action on any matter properly before the member.

(d)  A single-member hearing decision may be contested by (1) any person who, in person or through a representative, appeared at the single-member hearing, or (2) any person who informed the air pollution control officer of the nature of his concern prior to the hearing, or (3) any person who for good cause was unable to do either (1) or (2). If a decision is contested under this subdivision, the matter shall be reheard by the full board within 10 days of the decision. The clerk of the hearing board shall notify the petitioner, the executive officer, and all members of the public who appeared at the hearing of any contest of a decision. The notice shall be in writing and sent by first-class mail, postage prepaid, to the address supplied by the person who appeared, unless the right to the notice is affirmatively waived on the record.
Cal. BPC § 4980.397 — California Code / Code bpc / Division 2 / Chapter 13 / Article 1 / Section 4980.397
Section 4980.397
Status: in_force

(a) A registrant or an applicant for licensure as a marriage and family therapist shall pass the following two examinations as prescribed by the board:

(1) A California law and ethics examination.

(2) A clinical examination administered by the board or by a public or private organization, as specified by the board in regulations.

(b) Upon registration with the board, an associate marriage and family therapist shall, within the first year of registration, take an examination on California law and ethics.

(c) A registrant or an applicant for licensure may take the clinical examination only upon meeting all of the following requirements:

(1) Completion of all required supervised work experience.

(2) Completion of all education requirements.

(3) Passage of the California law and ethics examination.
Cal. WAT § 26550 — California Code / Code wat / Division 11 / Part 10 / Chapter 7 / Article 3 / Section 26550
Section 26550
Status: in_force

The district attorney of each office county shall ascertain each year whether the duties relating to the levying and collection of assessments in districts have been performed or not, and if he learns that the board or any official of any district has neglected or refused to perform any of these duties, he shall notify the board of supervisors or the county official required to perform the duty in the circumstances.
Cal. WIC § 14139.32 — California Code / Code wic / Division 9 / Part 3 / Chapter 7 / Article 4.3 / Section 14139.32
Section 14139.32
Status: in_force

(a) The administrative action plan shall identify the funds to be transferred into the consolidated long-term care services fund.

(b) The funds shall include Medi-Cal long-term institutional care, the Medi-Cal Personal Care Services Program, and the In-Home Supportive Services Program and may include funds from the following programs and services:

(1) Multipurpose Seniors Services Program.

(2) Alzheimer’s Day Care Resources Centers Program.

(3) Linkages Program.

(4) Respite Program.

(5) Adult Day Health Care Program.

(6) Medi-Cal home health agency services.

(7) Medi-Cal home-based and community-based waiver programs.

(8) Medi-Cal hospice services.

(9) Medi-Cal acute care hospital services.

(10) Other Medi-Cal services, including, but not limited to, primary, ancillary, and acute care.

(c) Optional program funds enumerated in subdivision (b) of Section 14139.32 shall be included in the long-term care services fund in any case where a program was funded prior to its integration into the pilot project.

(d) In determining which project sites to select for participation in the pilot program, the department shall give preference to those sites that include funds from the largest number of programs existing within the project site at the time the site applies for selection, provided the administrative action plan meets all other selection criteria. With the exception of up to one rural county, preference shall be given to project sites that include primary, ancillary, and acute care in the consolidated fund, provided their administrative action plan meets all other selection criteria.
Cal. EVID § 901 — California Code / Code evid / Division 8 / Chapter 1 / Section 901
Section 901
Status: in_force

“Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized by law) in which, pursuant to law, testimony can be compelled to be given.
Cal. ELEC § 18610 — California Code / Code elec / Division 18 / Chapter 7 / Article 2 / Section 18610
Section 18610
Status: in_force

Every person who solicits any circulator to affix to any initiative, referendum, or recall petition any false or forged signature, or to cause or permit a false or forged signature to be affixed, is guilty of a misdemeanor.
Cal. PRC § 42413 — California Code / Code prc / Division 30 / Part 3 / Chapter 7 / Article 2 / Section 42413
Section 42413
Status: in_force

Emergency vehicles, as defined in Section 165 of the California Vehicle Code are exempt from this provision.