FrankGoortani/open-us-law huggingface dataset:
Cal. HSC § 1416.50 — California Code / Code hsc / Division 2 / Chapter 2.35 / Article 3 / Section 1416.50
Section 1416.50
Status: in_force

(a)  For purposes of this chapter, “continuing education” means any course of study offered by an educational institution, association, professional society, or organization for the purpose of providing continuing education for nursing home administrators.

(b)  This section shall govern the continuing education requirements needed by a nursing home administrator to renew his or her nursing home administrator license.

(c)  In order to renew a license, the applicant shall provide evidence satisfactory to the program that he or she has completed 40 hours of program-approved continuing education courses, of which at least 10 total hours shall be specifically in the area of aging or patient care.

(d)  The continuing education courses to be approved for credit toward the continuing education requirements may include the following subject areas offered by accredited colleges, universities, community colleges, or a training entity approved by the department.

(1)  Resident care.

(2)  Personnel management.

(3)  Financial management.

(4)  Environmental management.

(5)  Regulatory management.

(6)  Organizational management.

(7)  Patient care and aging.

(e)  No continuing education credit shall be allowed for courses failed according to the institution’s grading determination.

(f)  If the program finds that programs of training and instruction conducted within the state are not sufficient in number or content to enable nursing home administrators to meet requirements established by law and this chapter, the program may approve courses conducted within and without this state as sufficient to meet educational requirements established by law and this chapter. For the purposes of this subdivision, the program shall have the authority to receive funds in a manner consistent with the requirements of the federal government.
Cal. HSC § 108325 — California Code / Code hsc / Division 104 / Part 3 / Chapter 4 / Article 5 / Section 108325
Section 108325
Status: in_force

Whenever in the judgment of the department the action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its application, the department may by regulation declare to be a hazardous substance, for the purpose of this chapter, any substance or mixture of substances that it finds meet the requirements of Section 108125.
Cal. PRC § 42865 — California Code / Code prc / Division 30 / Part 3 / Chapter 17 / Article 2 / Section 42865
Section 42865
Status: in_force

(a) It is the policy of the state that until a state tire recycling program is fully underway and operational, the shredding of used tires shall be encouraged.

(b) For the purposes of this act, a “tire” refers to any vehicle tire whose major component is rubber, and its component parts. “Shredding” includes both mechanical and cryogenic shredding which reduces tires to a size of less than four inches in width.
Cal. FIN § 31820 — California Code / Code fin / Division 15 / Chapter 12 / Article 2 / Section 31820
Section 31820
Status: in_force

In this article, unless the context otherwise requires:

(a) “Adviser,” when used with respect to a licensee, means any person who regularly provides legal, accounting, or management services or advice to such licensee.

(b) “Associate,” when used with respect to a licensee, means:

(1) Any principal shareholder, director, officer, manager, agent, or adviser of such licensee;

(2) Any director, officer, partner, general manager, agent, employer, or employee of any person referred to in paragraph (1) of this subdivision;

(3) Any person who controls, is controlled by, or is under common control with, any person referred to in paragraph (1) of this subdivision, directly or indirectly through one or more intermediaries;

(4) Any close relative of any person referred to in paragraph (1) of this subdivision;

(5) Any person of which any person referred to in paragraphs (1) to (4), inclusive, of this subdivision is a director or officer; or

(6) Any person in which any person referred to in paragraphs (1) to (4), inclusive, of this subdivision or any combination of such persons acting in concert owns or controls, directly or indirectly, a 10 percent or greater equity interest.

(7) For purposes of this subdivision, any person who is in any of the relationships referred to in paragraphs (1) to (6), inclusive, of this subdivision within six months before or after a licensee provides financing assistance shall be deemed to be in such relationship as of the date when such licensee provides such financing assistance.

(8) For purposes of this subdivision, in case a licensee, in order to protect its interests, designates any person to serve as a director of, officer of, or in any capacity in the management of, a business firm to which such licensee provides financing assistance, such person shall not, on that account, be deemed to have any relationship with such business firm; provided, however, that this paragraph shall not apply in any case where the person has, directly or indirectly, any other financial interest in the business firm or where the person, at any time before the licensee provides the financing assistance, served as a director of, officer of, or in any other capacity in the management of, the business firm for a period of 30 days or more.

(c) “Close relative” means ancestor, lineal descendant, brother or sister and lineal descendants of either, spouse, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, or sister-in-law.

(d) “Closing services” means services performed in connection with the providing of financing assistance. “Closing services” includes (but is not limited to) appraising property and preparing credit reports. “Closing services” does not include any services performed after the providing of financing assistance.

(e) “Short-term financing assistance” means any financing assistance with a term of not more than five years.
Cal. PUC § 765.5 — California Code / Code puc / Division 1 / Part 1 / Chapter 4 / Article 3 / Section 765.5
Section 765.5
Status: in_force

(a) The purpose of this section is to provide that the commission takes all appropriate action necessary to ensure the safe operation of railroads in this state.

(b) The commission shall dedicate sufficient resources necessary to adequately carry out the State Participation Program for the regulation of rail transportation of hazardous materials as authorized by the Hazardous Material Transportation Uniform Safety Act of 1990 (P.L. 101-615).

(c) On or before July 1, 1992, the commission shall hire a minimum of six additional rail inspectors who are or shall become federally certified, consisting of three additional motive power and equipment inspectors, two signal inspectors, and one operating practices inspector, for the purpose of enforcing compliance by railroads operating in this state with state and federal safety regulations.

(d) On or before July 1, 1992, the commission shall establish, by regulation, a minimum inspection standard to ensure, at the time of inspection, that railroad locomotives, equipment, and facilities located in class I railroad yards in California will be inspected not less frequently than every 120 days, and inspection of all branch and main line track not less frequently than every 12 months.

(e) Commencing July 1, 2008, in addition to the minimum inspections undertaken pursuant to subdivision (d), the commission shall conduct focused inspections of railroad yards and track, either in coordination with the Federal Railroad Administration, or as the commission determines to be necessary. The focused inspection program shall target railroad yards and track that pose the greatest safety risk, based on inspection data, accident history, and rail traffic density.
Cal. BPC § 26031.01 — California Code / Code bpc / Division 10 / Chapter 3 / Section 26031.01
Section 26031.01
Status: in_force

(a) Notwithstanding Section 26031, the department may, before a hearing, suspend the license of a person who procured the issuance of the license by fraud, misrepresentation, deceit, or by the making of any material misstatement of fact in the application for such license.

(b) The department shall not order the suspension of a license pursuant to subdivision (a) 90 days after the date of issuance of the license.

(c) An order of suspension pursuant to subdivision (a) shall expire on the effective date of a decision of the department after a hearing conducted pursuant to this section.

(d) (1) The department shall file and serve a person whose license is suspended pursuant to subdivision (a) the order of suspension and a statement of issues as defined in Section 11504 of the Government Code. The department may serve the person by regular mail addressed to the last known address of the person or by personal service.

(2) A person whose license is suspended pursuant to subdivision (a) shall have 30 days after service of the order of suspension and statement of issues in which to file with the department a written request for a hearing on the statement of issues filed against them.

(3) (A) The department shall hold a hearing within 30 days after receipt of a request pursuant to paragraph (2) unless the person requests or agrees to a continuance. If the person does not request or agree to a continuance and a hearing is not commenced within 30 days after receipt of the request for a hearing, the order of suspension shall be vacated and set aside unless the person requests or agrees to a continuance.

(B) If the person requests or agrees to a continuance, the department shall hold a hearing on the date to which the department and the person agreed. If a hearing is not commenced on that date, the order of suspension shall be vacated and set aside.

(4) If the department does not render a decision within 30 days after completion of the hearing, the order of suspension shall be vacated and set aside.

(e) A hearing conducted pursuant to this section shall in all respects, except as otherwise expressly provided herein, conform to the substantive and procedural provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code applicable to a hearing on a statement of issues.
Cal. PROB § 17001 — California Code / Code prob / Division 9 / Part 5 / Chapter 1 / Section 17001
Section 17001
Status: in_force

In proceedings commenced pursuant to this division, the court is a court of general jurisdiction and has all the powers of the superior court.
Cal. HSC § 25179.8 — California Code / Code hsc / Division 20 / Chapter 6.5 / Article 7.7 / Section 25179.8
Section 25179.8
Status: in_force

(a)  Except as provided in subdivision (d), the department may grant a variance from the requirements of Sections 25179.5 and 25179.6 for a hazardous waste, consistent with Section 25143.

(b)  The department may grant a variance from the requirements of Section 25179.6 for agricultural drainage waters that meet the criteria established by the department pursuant to Section 25141 if a person demonstrates, to the satisfaction of the department, that all of the following conditions apply to the waste:

(1)  There are no technically and economically feasible treatment, reuse, or recycling alternatives available to render the agricultural drainage water nonhazardous.

(2)  The applicant can demonstrate that the continued disposal of agricultural drainage waters does not pose an immediate or significant long-term risk to public health or the environment.

(3)  The disposal of the agricultural drainage waters is in compliance with the requirements of Section 25179.3.

(c)  A variance granted by the department pursuant to subdivision (b) shall remain in effect for a period not longer than three years and may be renewed for additional three-year periods.

(d)  When granting a variance pursuant to this section, the department may specify, where appropriate, any treatment that shall be required prior to land disposal of the waste, and may impose requirements that may be necessary to protect the public health and the environment.

(e)  The department shall not grant a variance pursuant to subdivision (a) for hazardous waste that is restricted or prohibited by the Environmental Protection Agency pursuant to the federal act, unless either of the following applies:

(1)  The waste has been granted a variance by the Administrator of the Environmental Protection Agency and the variance granted by the department does not permit less stringent management than that required pursuant to the federal variance.

(2)  The Environmental Protection Agency has delegated the authority to grant variances to the department pursuant to the federal act.
Cal. RTC § 6370.5 — California Code / Code rtc / Division 2 / Part 1 / Chapter 4 / Article 1 / Section 6370.5
Section 6370.5
Status: in_force

(a) This section applies to nonprofit associations and equivalent organizations performing auxiliary services to any city or county museum in the state, which are authorized to operate within the museum by the governing authority of the museum and have held an annual rummage sale for at least five consecutive years immediately preceding the sale referred to in subdivision (b).

(b) An organization described in subdivision (a) is a consumer of, and shall not be considered a retailer within the provisions of this part with respect to, tangible personal property which it sells at an annual rummage sale; provided, the profits are used exclusively in furtherance of the purposes of the organization.

(c) This section shall not be applicable to the state or any of its political subdivisions.
Cal. INS § 12753 — California Code / Code ins / Division 2 / Part 7 / Chapter 2 / Section 12753
Section 12753
Status: in_force

(a) A home protection company shall maintain a reserve for unearned premiums in an amount not less than 40 percent of the aggregate premiums charged on its contracts currently in force.

Amounts to be reserved shall be on a 12-month basis. Where the contract is for a period of more than 12 months, the reserve for unearned premiums for the period beyond 12 months shall be 100 percent of the pro rata portion of the contract fee attributable to the period of coverage in excess of 12 months. The unearned premium reserve for contracts exceeding 12 months shall be reduced to not less than 40 percent of the pro rata portion of the contract fee applicable to the next succeeding 12-month period, as of the first day of the succeeding 12-month period, and each succeeding 12-month period thereafter during which the contract is in effect.

Where the home protection contract provides coverage during the selling or listing period of the real property to which the contract applies, the home protection contract fee applicable to this period of coverage shall be deemed fully earned upon the close of escrow, and receipt of payment of the applicable contract fee.

(b) For purposes of this section, such reserve shall not include protection contract fees on home protection contracts to the extent provision is made for reinsurance of the outstanding risk on such contracts.

(c) The commissioner may, by regulation, prescribe the format by which the reserve shall be reported.
Cal. BPC § 17550.18 — California Code / Code bpc / Division 7 / Part 3 / Chapter 1 / Article 2.6 / Section 17550.18
Section 17550.18
Status: in_force

(a) If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

(b) In a criminal action, a seller of travel has the burden of producing evidence to establish any exception to the provisions of this chapter; and in a civil action, a seller of travel has the burden of proof to establish any exception to the provisions of this chapter.

(c) Any action or proceeding to attack, review, set aside, void, change, or annul any decision, determination, or finding of the Attorney General or his or her delegate pursuant to Article 2.6 (commencing with Section 17550) or Article 2.7 (commencing with Section 17550.35) shall be in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure.

In such action or proceeding, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion shall be found by the court only if the decision, determination, or finding was not supported by substantial evidence in light of the entire written record before the Attorney General or his or her delegate at the time the decision, determination, or finding was made. The record before the court shall be the same written record upon which the Attorney General or his or her delegate acted.
Cal. BPC § 4530 — California Code / Code bpc / Division 2 / Chapter 10 / Article 4 / Section 4530
Section 4530
Status: in_force

The board shall prepare and maintain a list of approved schools which offer an approved program for psychiatric technicians.
Cal. HSC § 11480.5 — California Code / Code hsc / Division 10 / Chapter 8 / Section 11480.5
Section 11480.5
Status: in_force

(a) The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code.

(b) The panel shall provide a report to the Legislature on or before January 1, 2026, that provides an update on the backlog of applications that includes, at minimum, the number of backlog applications that have been reviewed and how many are still pending review.

(c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
Cal. FGC § 1772 — California Code / Code fgc / Division 2 / Chapter 7.5 / Article 4 / Section 1772
Section 1772
Status: in_force

(a) The department may take all appropriate measures to encourage donations to this account through the tax return checkoff system provided for in Article 5 (commencing with Section 18741) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code.

(b) The department may also disseminate information to the public concerning the status of endangered and rare species.

(c) The cost to the department to carry out the provisions of this section may be charged to this account.
Cal. WAT § 40659 — California Code / Code wat / Division 14 / Part 3 / Chapter 3 / Section 40659
Section 40659
Status: in_force

The board of a district in existence on the effective date of this section shall file a certificate with the Secretary of State on or before January 1, 1964, listing:

(a) The name of the district.

(b) The date of formation.

(c) The county or counties in which the district is located, and a description of the boundaries of the district, or reference to a map showing such boundaries, which map shall be attached to the certificate, or reference to the county recorder’s office where a description of such boundaries has been recorded.

If the order declaring the district formed contains all of the information required to be in the certificate, the board may file a copy of the order in lieu of the certificate.
Cal. BPC § 6044 — California Code / Code bpc / Division 3 / Chapter 4 / Article 3 / Section 6044
Section 6044
Status: in_force

The chief trial counsel, with or without the filing or presentation of any complaint, may initiate and conduct investigations of all matters affecting or relating to:

(a) The discipline of the licensees of the State Bar.

(b) The acts or practices of a person whom the chief trial counsel has reason to believe has violated or is about to violate any provision of Articles 7 (commencing with Section 6125) and 9 (commencing with Section 6150) of this chapter.

(c) Any other matter within the jurisdiction of the State Bar.
Cal. WAT § 50015 — California Code / Code wat / Division 15 / Part 1 / Chapter 1 / Section 50015
Section 50015
Status: in_force

“Legal representative” means an officer or other person or persons appointed to serve in that capacity by a landowner.
Cal. HSC § 1570.2 — California Code / Code hsc / Division 2 / Chapter 3.3 / Article 1 / Section 1570.2
Section 1570.2
Status: in_force

The Legislature hereby finds and declares that there exists a pattern of overutilization of long-term institutional care for elderly persons or adults with disabilities, and that there is an urgent need to establish and to continue a community-based system of quality adult day health care which will enable elderly persons or adults with disabilities to maintain maximum independence. While recognizing that there continues to be a substantial need for facilities providing custodial care, overreliance on this type of care has proven to be a costly panacea in both financial and human terms, often traumatic, and destructive of continuing family relationships and the capacity for independent living.

It is, therefore, the intent of the Legislature in enacting this chapter and related provisions to provide for the development of policies and programs that will accomplish the following:

(a)  Ensure that elderly persons and adults with disabilities are not institutionalized inappropriately or prematurely.

(b)  Provide a viable alternative to institutionalization for those elderly persons and adults with disabilities who are capable of living at home with the aid of appropriate health care or rehabilitative and social services.

(c)  Establish adult day health centers in the community for this purpose, that will be easily accessible to all participants, including economically disadvantaged elderly persons and adults with disabilities, and that will provide outpatient health, rehabilitative, and social services necessary to permit the participants to maintain personal independence and lead meaningful lives.

(d)  Include the services of adult day health centers as a benefit under the Medi-Cal Act, that shall be an initial and integral part in the development of an overall plan for a coordinated, comprehensive continuum of optional long-term care services based upon appropriate need.

(e)  Establish a rural alternative adult day health care program designed to meet the special needs and requirements of rural areas to enable the implementation of subdivisions (a) through (d), inclusive, for all Californians in need of those services.

(f)  Ensure that all laws, regulations, and procedures governing adult day health care be enforced equitably regardless of organizational sponsorship and that all program flexibility provisions be administered equitably.
Cal. PRC § 36401 — California Code / Code prc / Division 27 / Chapter 5 / Section 36401
Section 36401
Status: in_force

The chairperson of the task force shall submit the report and plan to the Governor and the Legislature as specified in Section 36500.
Cal. WAT § 4051 — California Code / Code wat / Division 2 / Part 4 / Chapter 3 / Section 4051
Section 4051
Status: in_force

The department may from time to time discontinue watermaster service in any service area, if necessity therefor ceases, and revive the service whenever and as frequently as necessity exists.
Cal. HSC § 34322 — California Code / Code hsc / Division 24 / Part 2 / Chapter 1 / Article 4 / Section 34322
Section 34322
Status: in_force

Except as provided by Section 34312.3, in the operation or management of housing projects, an authority shall:

(a)  Rent or lease the dwelling accommodations only to persons of low income and only at rentals within their financial reach.

(b)  Rent or lease to a tenant dwelling accommodations consisting of the number of rooms which it deems necessary to provide safe and sanitary accommodations to the occupants, without overcrowding.

(c)  Fix income limits for occupancy and rents after taking into consideration (1) the family size, composition, age, physical handicaps, and other factors which might affect the rent-paying ability of the person, and (2) the economic factors which affect the financial stability and solvency of the project.

(d)  Prohibit subletting by tenants.