Cal. Code Regs. tit. 5 § 42000

Current through Register 2024 Notice Reg. No. 17, April 26, 2024
Section 42000 - Definitions

Unless the context otherwise requires, the definitions hereafter set forth shall govern the construction of Articles 5 and 6 of this Subchapter.

(a) Licensee. Licensee means any student or other person who has executed a license and who has been granted permission to use a housing facility for a fee period. Where the context requires it, the term licensee also means any student or other person who has a reservation for a housing facility.
(b) License. License means the document approved by the president which grants permission to use a housing facility and which contains the terms and conditions upon which such use is permitted. The license shall have imprinted thereon the words, "The use of housing facilities is subject to Articles 5 and 6 of Subchapter 5 of Chapter 1 of Part V (Sections 42000 through 42103) of Title 5 of the California Code of Regulations."
(c) Campus. Campus means any campus issuing licenses to students or other persons for the use of housing facilities.
(d) Housing Facility. Housing facility includes, but is not limited to, any individual or group living unit in a state owned or operated residence hall, family dwelling, apartment, trailer or trailer space which is operated under the authority of Sections 90000-90002 or Section 90012 of the Education Code.
(e) President. President means the campus president or his or her authorized representative or representatives.
(f) Student. Student means any individual currently matriculated and/or enrolled in the regular program of the campus where the student housing facility is located or any individual currently enrolled in one or more courses during a special session.
(g) Fee Period. Fee period means a period for which a license is granted and may extend for an academic year, semester, quarter, or other period or session established by the president.
(h) License Fee. License fee means the consideration required of a licensee for the right to use a campus housing facility for a fee period.
(i) Service Fee. Service fee means a non-refundable fee required of a licensee to cover the added costs incurred in collecting and processing a license fee by installments.
(j) Late Fee. Late fee means a payment required of a licensee who fails to pay any fee when due.
(k) Advance Payment of Fees. Advance payment of fees means the receipt by the president of the license fee and any security deposit or service fee from a licensee on or before the first day of the fee period or due date of any payment by installment.
(l) Reservation. Reservation means a confirmation by the president, upon receipt of the designated advance payment of fees, that a housing facility will be made available in accordance with this Article.
(m) Cancellation. Cancellation means the termination of a reservation by the licensee as provided in this Article, prior to the beginning of the fee period.
(n) Vacating. Vacating means the termination of a license by the licensee as provided in this Article, on or after the beginning of the fee period.
(o) Revocation. Revocation means the termination of a reservation or license by the president as provided in this Article, whether before, on, or after the beginning of a fee period.
(p) Visitor. Visitor means any person permitted by the licensee or president to visit a housing facility.
(q) Guest. Guest means any person other than a Licensee, who is permitted by a Licensee and approved by the campus president or designee to occupy and/or reside in any housing facility.
(r) Guest Fee. Guest fee means the consideration required of a guest for the use of a campus housing facility.
(s) Administrative Necessity. Administrative necessity exists when any condition not reasonably foreseen at the time of confirming a reservation, issuing a license, or renewing a license occurs and prevents the campus from making or continuing to make a housing facility available to the licensee. Such conditions shall include, but not be limited to, damage caused by floods, slides, fire, earthquake, other natural disasters and vandalism; civil disorder; compliance with state or federal law; or interruption of basic services because of labor strife. Such conditions shall also include a drop in the rate of cancellations not reasonably foreseen by the campus, if such drop results in an overbooking of available housing facilities.
(t) Shall and May. The word "shall" means that the action is mandatory. The word "may" means that the action is permissive.

Cal. Code Regs. Tit. 5, § 42000

1. Repealer of Article 5 (Sections 42000-42013) and new Article 5 (Sections 42000-42024) filed 7-28-76; effective thirtieth day thereafter (Register 76, No. 31). For former history, see Registers 65, No. 20; 67, No. 32; and 72, No. 35.
2. Amendment of subsection (d) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsections (b), (f) and (q) filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).

Note: Authority cited: Sections 66600, 89030, 89035, and 90012, Education Code. Reference: Section 90000, Education Code.

1. Repealer of Article 5 (Sections 42000-42013) and new Article 5 (Sections 42000-42024) filed 7-28-76; effective thirtieth day thereafter (Register 76, No. 31). For former history, see Registers 65, No. 20; 67, No. 32; and 72, No. 35.
2. Amendment of subsection (d) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsections (b), (f) and (q) filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).