As used in this Division, the following definitions shall govern the meaning of terms defined, unless the terms are otherwise defined or modified in the context in which they are used:
"Benefit" means anything contributing to an improvement in condition, including, but not limited to, the aid or services provided as a result of State support.
"Contract" means any agreement, upon sufficient consideration, to do or not do a particular act.
"Contractor" means, unless otherwise indicated, a person or local agency which receives State support under contract or subcontract, and includes prime contractors and subcontractors at any tier.
"DFEH" means the Department of Fair Employment and Housing as defined in Section 1413.1 of the California Labor Code.
"Facility" means all or any portion of buildings, structures, vehicles, equipment, vessels, roads, walks, parking lots or other real or personal property, or interests in such property, such as a life estate.
"FEHC" means the Fair Employment and Housing Commission, as defined in Section 1414 of the California Labor Code.
"Funded directly by the State" means any payment, transfer, or allocation of State funds to any recipient.
"Grant" means an agreement to provide State support.
"Grantee" means a person or local agency which receives State support under grant or subgrant, and includes prime grantees and subgrantees at any tier.
"Local agency" means a public district, public corporation, authority, agency, board, commission, county, city, city and county, school district, or other public entity.
"May" means permissive.
"Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, corporation, association, committee, legal representative, trustee, trustee in bankruptcy, receiver and any other organization or group of persons acting in concert.
"Program or activity" means any project, action or procedure undertaken directly by recipients of State support or indirectly by recipients through others by contracts, arrangements or agreements, with respect to the public generally or with respect to any private or public entity. Such programs or activities include, but are not limited to, the provisions of employment or goods; the procurement of goods or services; the provision of education, training, health, welfare, rehabilitation, housing, or other services; the provision of cash or loan assistance; or the provision of facilities for furnishing services, financial aid or other benefits. The services, financial aid or other benefits provided under such programs or activities shall be deemed to include:
(1) any services, financial aid or other benefits provided with the aid of State support, or with the aid of other funds or resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order for the recipients to receive the State support; or
(2) any service, financial aid or other benefit provided in or through a facility which is or was provided with the aid of State support or other funds or resources.
"Real property" means land, structures on land, fixtures attached to structures, interests in such property and space on, over or under such property.
"Recipient" means any contractor, local agency, or person, who regularly employs five or more persons and who receives State support, as defined in this Section, in an amount in excess of $10,000 in the aggregate per State fiscal year or in an amount in excess of $1000 per transaction, by grant, contract or otherwise, directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the State support. "Recipient" does not include State agencies. However, State agencies may look to this Division for guidance in the administration of their programs and activities.
"Secretary" means the Secretary of the Health and Welfare Agency, as defined in Part 2.5 of Division 3 of Title 2 of the Government Code, or the Secretary's designee.
"Services to be provided to the public" means the aid or benefits provided directly to the public by a recipient of State support.
"Shall" means mandatory.
"Should" means advisory.
"State agency" means an administrative subdivision or instrumentality of State government, including, but not limited to, agencies, departments, offices, commissions, boards, bureaus and divisions, which has the statutory or constitutional authority to provide State support to any person.
"State financial assistance" means any grant, entitlement, loan, cooperative agreement, contract or any other arrangement by which a State agency provides or otherwise makes available aid to recipients in the form of:
(1) funds;
(2) services of State personnel; or
(3) real or personal property or any interest in or use of such property, including:
(A) transfers or leases of property for less than fair market value or for reduced consideration; or
(B) proceeds from a subsequent transfer or lease of property if the State share of its fair market value is not returned to the State.
"State support" means the funds or financial assistance provided by the State to a recipient which:
(1) is "Funded directly by the State" as defined in this Section; or
(2) receives "State financial assistance" as defined in this Section.
"State supported program" means any program or activity which receives State support, in whole or in part.
"Ultimate beneficiary" means a person identified in Government Code Section 11135 who receives, applies for, or is unlawfully deterred from receiving or applying for, the benefits of, or employment under a program of activity which receives State support.
Cal. Code Regs. Tit. 2, § 11150
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135- 11139.5, Government Code.