reglab/statecodes huggingface dataset:
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 4 - ENFORCEMENT › CHAPTER 2 - Powers of the Commissioner › Section 31406.

31406. (a) If, upon inspection or investigation, based upon a complaint or otherwise, the commissioner has cause to believe that a person is violating or has violated any provision of this division or any rule or order promulgated pursuant to this division, the commissioner may issue a citation to that person in writing describing with particularity the basis of the citation. Each citation may contain an order to desist and refrain and an assessment of an administrative penalty not to exceed two thousand five hundred dollars ($2,500) per violation and shall contain reference to this section, including the provisions of subdivision (c). All penalties collected under this section shall be deposited in the State Corporations Fund.
(b) The sanctions authorized under this section shall be separate from, and in addition to, all other administrative, civil, or criminal remedies.
(c) If within 60 days from the receipt of the citation, the person cited fails to notify the commissioner that the person intends to request a hearing as described in subdivision (d), the citation shall be deemed final.
(d) Any hearing under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(e) After the exhaustion of the review procedures provided for in this section, the commissioner may apply to the appropriate superior court for a judgment in the amount of the administrative penalty and order compelling the cited person to comply with the order of the commissioner. The application shall include a certified copy of the final order of the commissioner and shall constitute a sufficient showing to warrant the issuance of the judgment and order.
(Amended by Stats. 2022, Ch. 188, Sec. 5. (AB 2433) Effective January 1, 2023.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 4 - ENFORCEMENT › CHAPTER 2 - Powers of the Commissioner › Section 31407.

31407. (a) If, after examination or investigation, the commissioner has reasonable grounds to believe that any person is conducting or has conducted business in violation of any provision of this division or related rule or order binding upon it, the commissioner may, by written order addressed to the person, direct the discontinuance of the violation. The order shall be effective immediately, but shall not become final except in accordance with subdivision (b).
(b) An order issued pursuant to this section shall not become final except after notice to the affected person of the commissioner’s intention to make the order final and of the reasons for the finding. The commissioner shall also notify the person that upon receiving a request the matter shall be set for hearing to commence within 15 business days after receipt of the request. The person may consent to have the hearing commence at a later date. If no hearing is requested within 60 days after the mailing or service of the required notice, and none is ordered by the commissioner, the order may become final without a hearing and that person shall immediately discontinue the practices named in the order. If a hearing is requested or ordered it shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all of the powers granted under that chapter. If, upon the conclusion of the hearing, it appears to the commissioner that the person is violating or has violated any provision of this division or any related rule or order binding upon it, the commissioner shall make the order of discontinuance final and the person shall immediately discontinue the practices named in the order.
(Amended by Stats. 2022, Ch. 188, Sec. 6. (AB 2433) Effective January 1, 2023.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 4 - ENFORCEMENT › CHAPTER 2 - Powers of the Commissioner › Section 31408.

31408. (a) If the commissioner determines it is in the public interest, the commissioner may include in any administrative action brought under this division, including a stop order, a claim for ancillary relief, including, but not limited to, a claim for rescission, restitution or disgorgement or damages on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the administrative law judge shall have jurisdiction to award additional relief. The person affected may be required to attend remedial education, as directed by the commissioner.
(b) In an administrative action brought under this part the commissioner is entitled to recover costs, which in the discretion of the administrative law judge may include any amount representing reasonable attorney’s fees and investigative expenses for the services rendered, for deposit into the State Corporations Fund for the use of the Department of Financial Protection and Innovation.
(Amended by Stats. 2022, Ch. 452, Sec. 93. (SB 1498) Effective January 1, 2023.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 4 - ENFORCEMENT › CHAPTER 3 - Crimes › Section 31410.

31410. Any person who willfully violates any provision of this law, or who willfully violates any rule or order under this law, shall upon conviction be fined not more than one hundred thousand dollars ($100,000) or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or be punished by both that fine and imprisonment; but no person may be imprisoned for the violation of any rule or order if he or she proves that he or she had no knowledge of the rule or order.
(Amended by Stats. 2011, Ch. 15, Sec. 53. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 4 - ENFORCEMENT › CHAPTER 3 - Crimes › Section 31411.

31411. Any person who willfully employs, directly or indirectly, any device, scheme, or artifice to defraud in connection with the offer or sale of any franchise or willfully engages, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with the offer, purchase, or sale of any franchise shall upon conviction be fined not more than one hundred thousand dollars ($100,000) or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or be punished by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 54. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 4 - ENFORCEMENT › CHAPTER 3 - Crimes › Section 31412.

31412. Nothing in this law limits the power of the state to punish any person for any conduct which constitutes a crime under any other statute.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 4 - ENFORCEMENT › CHAPTER 4 - Service of Process › Section 31420.

31420. When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this law or any rule or order hereunder, whether or not he has filed a consent to service of process under Section 31155, and personal jurisdiction over him cannot otherwise be obtained in this state, that conduct shall be considered equivalent to his appointment of the commissioner or his successor in office to be his attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against him or his successor, executor, or administrator which grows out of that conduct and which is brought under this law or any rule or order hereunder, with the same force and validity as if served on him personally. Service may be made by leaving a copy of the process in the office of the commissioner, but it is not effective unless (a) the plaintiff, who may be the commissioner in a suit, action, or proceeding instituted by him, forthwith sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at his last known address or takes other steps which are reasonably calculated to give actual notice, and (b) the plaintiff’s affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 5 - ADMINISTRATION › Section 31500.

31500. (a) The commissioner shall charge and collect the fees fixed by this section. All fees and charges collected under this section shall be transmitted to the Treasurer at least weekly, accompanied by a detailed statement thereof and shall be credited to the State Corporations Fund.
(b) The fee for filing an application for registration of the offer of franchises under Section 31111 is six hundred seventy-five dollars ($675).
(c) The fee for filing an application for renewal of a registration under Section 31121 is four hundred fifty dollars ($450).
(d) The fee for filing an amendment to the application filed under Section 31111 or 31121 after the effective date of the registration of the offer of franchises, is fifty dollars ($50).
(e) The fee for filing an application for material modification under Section 31125 is fifty dollars ($50), whether or not it accompanies an application under Section 31111 or 31121.
(f) The fee for filing the initial notice of exemption under Section 31101 is four hundred fifty dollars ($450) and the fee for filing each consecutive subsequent notice of exemption under these provisions is one hundred fifty dollars ($150).
(g) The fee for filing an application for approval of a written notice of violation under Section 31303 or 31304 is six hundred seventy-five dollars ($675).
(Amended by Stats. 1992, Ch. 427, Sec. 22. Effective January 1, 1993.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 5 - ADMINISTRATION › Section 31502.

31502. The commissioner may from time to time make, amend and rescind such rules, forms, and orders as are necessary to carry out the provisions of this law, including rules and forms governing applications and reports, and defining any terms, whether or not used in this law, insofar as the definitions are not inconsistent with the provisions of this law.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 5 - ADMINISTRATION › Section 31503.

31503. All rules of the commissioner, other than those relating solely to the internal administration of the Department of Financial Protection and Innovation, shall be made, amended, or rescinded in accordance with the provisions of Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2022, Ch. 452, Sec. 94. (SB 1498) Effective January 1, 2023.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 5 - ADMINISTRATION › Section 31504.

31504. (a) All applications, reports and other papers and documents filed with the commissioner under this law shall be open to public inspection, except that the commissioner may, in his discretion, withhold from public inspection any information the disclosure of which is, in the judgment of the commissioner, not necessary in the public interest or for the protection of investors. The commissioner may publish any information filed with him or obtained by him, if, in the judgment of the commissioner, such action is in the public interest. No provision of this law authorizes the commissioner or any of his assistants, clerks, or deputies to disclose any information withheld from public inspection except among themselves or when necessary or appropriate in a proceeding or investigation under this law or to other federal or state regulatory agencies. No provision of this law either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner or any of his assistants, clerks, or deputies.
(b) It is unlawful for the commissioner or any of his assistants, clerks, or deputies to use for personal benefit any information which is filed with or obtained by the commissioner and which is not then generally available to the public.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 5 - ADMINISTRATION › Section 31505.

31505. Upon request and at such reasonable charges as he prescribes by rule, the commissioner shall furnish to any person photostatic or other copies (certified under his seal of office if requested) of any document which is retained as a matter of public record, except that he shall not charge or collect any fee for photostatic or other copies of any document furnished to public officers for use in their official capacity. In any judicial proceeding or prosecution, any copy so certified is prima facie evidence of the contents of the document certified.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 5 - ADMINISTRATION › Section 31506.

31506. (a) The commissioner may destroy any applications or orders, together with the files and folders, as useless or obsolete, four years after the date of filing or issuance, with the approval of the Department of General Services; provided that a permanent record shall be maintained of any disciplinary action taken by the commissioner.
(b) Copies on microfilm or in other form which may be retained by the commissioner in his discretion of any records destroyed under this section shall be accepted for all purposes as equivalent to the original when certified by the commissioner.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 6 - GENERAL PROVISIONS › Section 31511.

31511. No provision of this law imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form, order, or any written interpretive opinion of the commissioner, or any opinion of the Attorney General, notwithstanding that the rule, form, order, or written interpretive opinion may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 6 - GENERAL PROVISIONS › Section 31512.

31512. Any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of this law or any rule or order hereunder is void.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 6 - GENERAL PROVISIONS › Section 31512.1.

31512.1. Any provision of a franchise agreement, franchise disclosure document, acknowledgment, questionnaire, or other writing, including any exhibit thereto, disclaiming or denying any of the following shall be deemed contrary to public policy and shall be void and unenforceable:
(a) Representations made by the franchisor or its personnel or agents to a prospective franchisee.
(b) Reliance by a franchisee on any representations made by the franchisor or its personnel or agents.
(c) Reliance by a franchisee on the franchise disclosure document, including any exhibit thereto.
(d) Violations of any provision of this division.
(Added by Stats. 2022, Ch. 728, Sec. 12. (AB 676) Effective January 1, 2023.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 6 - GENERAL PROVISIONS › Section 31513.

31513. Whenever a person is entitled under this law to a hearing in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, a formal hearing before the Department of Financial Protection and Innovation may be substituted with the consent of such person and of the commissioner for such hearing before an independent hearing officer; and in that case after such hearing before the Department of Financial Protection and Innovation such person shall not be entitled to any further administrative remedy.
(Amended by Stats. 2022, Ch. 452, Sec. 95. (SB 1498) Effective January 1, 2023.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 6 - GENERAL PROVISIONS › Section 31514.

31514. If any provision of this law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this law which can be given effect without the invalid provision or application, and to this end the provisions of this law are declared to be severable.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 6 - GENERAL PROVISIONS › Section 31515.

31515. Prior law exclusively governs all suits, actions, prosecutions or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before the effective date of this law.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 4 - SECURITIES › DIVISION 5 - FRANCHISE INVESTMENT LAW › PART 6 - GENERAL PROVISIONS › Section 31516.

31516. Nothing in this law is intended to preclude the applicability of the Real Estate Law, Part 1 (commencing with Section 10000), Division 4 of the Business and Professions Code, to any sale or lease of real property.
(Added by Stats. 1970, Ch. 1400.)
2023 California Code › Corporations Code - CORP › TITLE 10 - REPEALS › Section 100000.

100000. The following acts and sections are repealed:
GENERAL LAWS
Year: Ch: Page
Year: Ch: Page
Year: Ch: Page
Secs. 1-32, incl. and
1858  :298:264
1865- 6:478:620
175-184, incl. of
1859  : 98: 93
1867- 8:208:201
1850:128:347
1862  : 23: 17
1867- 8:255:268
1852:100:172
1863  : 94:101
1867- 8:288:310
1853: 65: 87
1863  :140:173
1867- 8:326:372
1853:175:274
1863  :248:324
1867- 8:534:708
1854: 22:148 (Spec.)
1863  :303:402
1869-70: 35: 40
1855:  1:  1
1863-  4:120:109
1869-70:116:107
1857: 80: 75
1863-  4:294:302
1869-70:165:229
1857:110:121
1863-  4:295:303
1869-70:553:822
1857:189:208
1865-  6: 54: 37
1869-70:578:881
1858: 68: 57
1865-  6:118:100
1871- 2: 44: 45
1858: 99: 80
1865-  6:270:304
1871- 2:225:300
1858:181:133
1865-  6:376:458
1871- 2:318:432
Corporations formed and existing before 12 o’clock, noon, of January 1, 1873, which have not elected to continue their existence under the provisions of the Civil Code repealed by this code or under this code are not affected by the repeal of any act or section by this section. The acts and sections repealed by this section continue to apply to all such corporations, notwithstanding their repeal by this section.
(Enacted by Stats. 1947, Ch. 1038.)
2023 California Code › Corporations Code - CORP › TITLE 10 - REPEALS › Section 100001.

100001. The following acts and sections are repealed:
GENERAL LAWS
Year:Ch:Page
Year:Ch:Page
Year: Ch: Page
1871-2:566:826
1877-8:450:695
1915:190: 422
1873-4:216:320
1877-8:561:883
1931:862:1762
Secs. 1, 2, 3, 5, 14 of
1873-4:340: 499
1895:183  :221
1931:866:1838
1901: 93  :108
1931:871:1847
1875-6:456:653
1913:336  :680
1935:289:1006
CIVIL CODE
_____
Sections
Sections
Sections
277
317
330.10
278
318
330.11
279
319
330.12
280
320
330.13
281
320a
330.15
285
320b
330.16
287
320c
330.17
288
320d
330.18
290
321
330.19
291
321a
330.20
292
321b
330.21
293
322
330.22
294
322a
330.23
295
323
332
296
324
333
297
325
334
297a
325a
334a
298
326
335
299
326a
336
300a
326b
337
300b
327
338
301
328
339
302
328a
340
303
328b
341
304
328c
342
305
328d
342a
306
328e
342b
307
328f
343
307a
329
343b
307b
330
344
308
330.1
345
309
330.2
346
310
330.3
346a
311
330.4
346b
312
330.5
346c
313
330.6
347
314
330.7
348
315
330.8
348a
316
330.9
348b
348c
402
601
352
402a
602
353
403
603
354
403a
604
355
403b
605
356
403c
605a
357
403d
605b
358
404
605c
359
404a
605d
361
404b
605dd
361a
404c
605e
361b
405
605g
362
405a
605h
362a
406
605i
362b
406a
605j
362c
406b
605k
362d
407
605l
363
408
605m
364
409
605n
365
411
606
366
412
607
367
413
607a
368
591
607b
369
592
607c
370
592a
653.1
370a
592b
653.2
371
592c
653.3
372
592d
653.5
373
592e
653.6
374
593
653.7
375
593a
653.8
399
594
653.9
399a
594.5
653.10
400
595
653.11
400a
596
653.12
401
597
653.13
401a
598
653.14
401c
599
653.15
600
653.16
_____ _____
_____ _____
_____ _____
PENAL CODE
Sections
Sections
Sections
557
559
563
558
560
564
POLITICAL CODE
Sections
Sections
Sections
3666c
3669cc
3669d
3669c
(Enacted by Stats. 1947, Ch. 1038.)
2023 California Code › Corporations Code - CORP › TITLE 10 - REPEALS › Section 100002.

100002. The following acts and code sections are repealed:
GENERAL LAWS
Year
Ch:
Page
1869-70
129
123
CIVIL CODE
Sections
Sections
Sections
2395
2420
2481
2396
2421
2482
2397
2422
2483
2398
2423
2484
2399
2424
2485
2400
2425
2486
2401
2426
2487
2402
2427
2488
2403
2428
2489
2404
2429
2490
2405
2430
2491
2406
2431
2492
2407
2432
2493
2408
2433
2494
2409
2434
2495
2410
2435
2496
2411
2436
2497
2412
2437
2498
2413
2438
2499
2414
2439
2500
2415
2472
2501
2416
2477
2502
2417
2478
2503
2418
2479
2504
2419
2480
2505
2506
PENAL CODE
Section
358
(Added by Stats. 1949, Ch. 383.)
2023 California Code › Corporations Code - CORP › TITLE 10 - REPEALS › Section 100003.

100003. The following acts and code sections are repealed:
GENERAL LAWS
Year: Ch: Page
1911 :572 :1093
1933 :409 :1037
1933 :869 :2249
1945 :144 : 630
CIVIL CODE
Sections
Sections
2523
2525
2524
PENAL CODE
Sections
Sections
559
564
563
568
(Enacted by Stats. 1947, Ch. 1038.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 1.

1. This code shall be known as the Education Code.
(Amended by Stats. 1976, Ch. 1011.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 2.

2. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 3.

3. The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 4.

4. Whenever reference is made to any portion of this code or of any other law of this state, such reference applies to all amendments and additions now or hereafter made.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 5.

5. Title, division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 6.

6. If any provision of this code, or the application thereof to any person or circumstances is held invalid, the remainder of the code, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 7.

7. Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 8.

8. Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the provisions of the code giving the authority.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 9.

9. The time in which any act provided by this code is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 10.

10. Unless the provisions or the context otherwise requires these general provisions, rules of construction, and definitions shall govern the construction of this code.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 1 - Construction of Provisions › Section 11.

11. (a) For purposes of this code, “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; and, tax rates shall be expressed in dollars, or fractions thereof, on each one hundred dollars ($100) of assessed value to, and including, the 1980–81 fiscal year and as a percentage of full value for the 1981–82 fiscal year and fiscal years thereafter.
(b) Whenever this code requires comparison of assessed values, tax rates or property tax revenues for different years, the assessment ratios and tax rates shall be adjusted as necessary so that the comparisons are made on the same basis, and the same amount of tax revenues would be produced, or the same relative value of an exemption or subvention will be realized regardless of the method of expressing tax rates or the assessment ratio utilized.
(c) For purposes of expressing tax rates on the same basis, a tax rate based on a 25 percent assessment ratio and expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value may be multiplied by a conversion factor of twenty-five hundredths of 1 percent to determine a rate comparable to a rate expressed as a percentage of full value; and, a rate expressed as a percentage of full value may be multiplied by a factor of 400 to determine a rate comparable to a rate expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value and based on a 25 percent assessment ratio.
(Added by Stats. 1978, Ch. 1207.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 2 - Continuation of Rights and Duties › Section 20.

20. All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code shall continue to hold them according to their former tenure.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 2 - Continuation of Rights and Duties › Section 21.

21. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 2 - Continuation of Rights and Duties › Section 22.

22. No rights given by any license or certificate under any act repealed by this code are affected by the enactment of this code or by such repeal, but such rights shall hereafter be exercised according to the provisions of this code.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 2 - Continuation of Rights and Duties › Section 23.

23. All persons who, at the time this code goes into effect, are entitled to a certificate or credential under any act repealed by this code, are thereby entitled to a certificate or credential under the provisions of this code so far as the provisions of this code are applicable.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 3 - Language of Instruction › Section 30.

30. (a) English shall be the basic language of instruction in all schools.
(b) The governing board of a school district, or community college district, and any private school may determine when and under what circumstances instruction may be given bilingually.
(c) It is the policy of the state to ensure the mastery of English by all pupils in the schools, provided that bilingual instruction may be offered in those situations when that instruction is educationally advantageous to the pupils. Bilingual instruction is authorized to the extent that it does not interfere with the systematic, sequential, and regular instruction of all pupils in the English language.
(d) Pupils who are proficient in English and who, by successful completion of advanced courses in a world language or by other means, have become fluent in that language may be instructed in classes conducted in that world language.
(e) (1) A community college may offer courses taught in languages other than English. Students may enroll in these courses without being required to concurrently enroll in an English as a Second Language (ESL) course.
(2) Nothing in this section shall be construed to prohibit a community college student from enrolling in an ESL course, or preclude a community college from complying with the requirements set forth in subdivision (a) of Section 78221.5.
(Amended by Stats. 2023, Ch. 559, Sec. 1. (AB 1096) Effective January 1, 2024.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 3 - Language of Instruction › Section 30.5.

30.5. (a) Notwithstanding any other provision of law, bilingual education shall be defined as a system of instruction which builds upon the language skills of a pupil whose primary language is neither English nor derived from English. For purposes of this paragraph:
(1) “Primary language” is a language, other than English or a language derived from English, which is the language the pupil first learned.
(2) “Derived from English” means any dialect, idiom, or language derived from English. Both of the following shall be construed as being derived from English:
(A) Any dialect, idiom, or language that has linguistic roots connected to English.
(B) Any dialect, idiom, or language that has a syntax distinct from English, yet can be traced linguistically as derived from English.
(b) A school district shall not utilize, as part of a bilingual education program, state funds or resources for the purpose of recognition of, or instruction in, any dialect, idiom, or language derived from English, as defined in paragraph (1).
(Amended by Stats. 2001, Ch. 750, Sec. 1. Effective January 1, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 5 - General Provisions, Public Schools › Section 50.

50. The public schools other than those supported exclusively by the state, are day and evening elementary, and day and evening secondary schools.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 5 - General Provisions, Public Schools › Section 52.

52. The secondary schools of the state are designated as high schools, technical schools, and adult schools.
(Amended by Stats. 1990, Ch. 1372, Sec. 5.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 5 - General Provisions, Public Schools › Section 53.

53. The high schools of the state are designated as four-year high schools, junior high schools, senior high schools, continuation high schools, and evening high schools. Evening high schools may be designated as adult schools.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 5 - General Provisions, Public Schools › Section 54.

54. Notwithstanding Section 1020 of the Government Code, any pupil attending a California public secondary school who is under the age of 18 years may serve on any board or commission established pursuant to this title or Title 2 (commencing with Section 33000) that includes members who are pupils or minors.
(Added by Stats. 2018, Ch. 182, Sec. 1. (AB 1887) Effective August 24, 2018.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 6 - Administration and Certification of Oaths › Section 60.

60. The Superintendent of Public Instruction, Deputy and Assistant Superintendents of Public Instruction, secretary of the Superintendent of Public Instruction, members of the Board of Governors of the California Community Colleges, the Chancellor of the California Community Colleges, county superintendents of schools, school trustees, members of boards of education, secretaries and assistant secretaries of boards of education, city superintendents of schools, district superintendents of schools, assistant superintendents of schools, deputy superintendents of schools, principals of schools, and every other officer charged with the performance of duties under the provisions of this code may administer and certify oaths relating to officers or official matters concerning public schools.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 70.

70. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.
Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 71.

71. “Section” means a section of this code unless some other statute is specifically mentioned.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 72.

72. The present tense includes the past and future tenses, and the future, the present.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 73.

73. The masculine gender includes the feminine.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 73.2.

73.2. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
(Added by Stats. 2016, Ch. 50, Sec. 27. (SB 1005) Effective January 1, 2017.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 74.

74. The singular number includes the plural, and the plural, the singular.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 75.

75. “Shall” is mandatory and “may” is permissive.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 76.

76. “Oath” includes affirmation.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 77.

77. “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 78.

78. “Governing board” means board of school trustees, community college board of trustees, and city, and city and county board of education.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 79.

79. “City superintendent of schools” includes the superintendent of schools of a district lying wholly or partly within a city and county.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 80.

80. “Any school district” and “all school districts” mean school districts of every kind or class, except a community college district.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 81.

81. “Union school district” means a district composed of two or more school districts situated in the same county.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 82.

82. “Joint union school district” means a district composed of two or more school districts situated wholly or in part in different counties.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 83.

83. A unified school district means a district maintaining grades kindergarten or 1 through 12. A unified district may comprise territory in more than one county.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 84.

84. “City school district” includes a school district lying wholly or partly within a city and county.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 85.

85. Whenever “high school district” is used in this code, unless a contrary intent appears, it includes union high school districts, joint union high school districts, and county high school districts.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 86.

86. A high school district, other than a city high school district, comprising two or more elementary school districts lying wholly in the same county is a union high school district, and such designation shall be part of its name.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 87.

87. A school district lying in more than one county is a joint school district.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 88.

88. “State Board” or “state board” whenever used in this code means the State Board of Education, unless the context requires otherwise.
(Added by Stats. 2005, Ch. 118, Sec. 1. Effective July 25, 2005.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 89.

89. The word “department” whenever used in this code, unless the context otherwise requires, means the State Department of Education.
(Amended by Stats. 1980, Ch. 1059, Sec. 1. Effective September 26, 1980.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 90.

90. With respect to the personnel of school districts and other educational agencies, the terms “certificated” and “certified” have the same meaning.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 91.

91. “World language” means any language other than English, including American Sign Language, and is synonymous with “foreign language.”
(Added by Stats. 2018, Ch. 865, Sec. 2. (AB 2319) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - General Provisions › ARTICLE 7 - Definitions › Section 92.

92. “County” or “counties” as used in Sections 2300, 12300 to 12307, inclusive, 41000 to 41964, inclusive, 42100 to 42128, inclusive, 46000 to 46392, inclusive, 84000 to 84850.5, inclusive, and 85000 to 85430, inclusive, whichever are in effect, includes a city and county.
(Amended by Stats. 1990, Ch. 1372, Sec. 7.)