1-1 Common law of the State; exceptions
1-2 Certain laws not obligatory until published
1-3 Laws not retrospective
1-4 Persons and property subject to laws
1-4.5 Cession of concurrent jurisdiction
1-5 Contracts in contravention of law
1-6 Prohibitory law, effect
1-7 Repeal of laws
1-8 No revivor on repeal; exception
1-9 Express or implied repeals
1-10 Effect of repeal on accrued rights
1-11 Effect of repeal on pending suit or prosecution
1-12 Application of statutory construction provisions
1-13 Official languages
1-13.5 Hawaiian language; spelling
1-14 Words have usual meaning
1-15 Construction of ambiguous context
1-16 Laws in pari materia
1-17 Number and gender
1-18 “Or”, “and”
1-19 “Person”, “others”, “any”, etc.
1-20 “Month”, “year”
1-21 “Oath”
1-22 “County”
1-23 Severability
1-24 Interpretation of uniform acts
1-25 References apply to amendments
1-26 References inclusive
1-27 Citations of laws included in supplements and replacement volumes
1-28 Service of notice by mail
1-28.5 Publication of notice
1-29 Computation of time
1-30 Hawaiian standard time applicable
1-31 Hawaiian standard time; definition; observance
1-32 Acts to be done on holidays

Terms Used In Hawaii Revised Statutes > Chapter 1

  • Administrator of the state procurement office: means the chief procurement officer for the governmental bodies of the executive branch of the State, other than the University of Hawaii, department of education, the several counties, and those governmental bodies administratively attached thereto. See Hawaii Revised Statutes 304A-2153
  • Advance health-care directive: means an individual instruction or a power of attorney for health care. See Hawaii Revised Statutes 431:9A-160
  • Advance mental health care directive: means a written document expressing preferences, instructions, or a power of attorney for mental health treatment. See Hawaii Revised Statutes 431:10-207
  • Agent: means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power. See Hawaii Revised Statutes 431:9A-160
  • Agent: means a competent adult designated in a power of attorney contained in an advance mental health care directive to make a mental health care decision for the individual granting the power and includes all designated alternate agents. See Hawaii Revised Statutes 431:10-207
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Approved continuing education course: means a course approved by the commissioner following receipt of recommendations from insurance professionals. See Hawaii Revised Statutes 431:9A-102
  • Approved course provider: means an organization or person that has been approved by the commissioner. See Hawaii Revised Statutes 431:9A-102
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Authority: means the Hawaii community development authority. See Hawaii Revised Statutes 431:9A-101
  • Authority: means the Hawaii community development authority established by section 206E-3. See Hawaii Revised Statutes 431:9-105
  • Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment and shall include:

         (1)  The effect of the treatment on the physical, emotional, and cognitive functions of the patient;

         (2)  The degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of the treatment;

         (3)  The degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, results in a severe and continuing impairment;

         (4)  The effect of the treatment on the life expectancy of the patient;

         (5)  The prognosis of the patient for recovery, with and without the treatment;

         (6)  The risks, side effects, and benefits of the treatment or the withholding of treatment; and

         (7)  The religious beliefs and basic values of the individual receiving treatment, to the extent that these may assist the surrogate decision-maker in determining benefits and burdens. See Hawaii Revised Statutes 431:9A-160

  • Best interests: means that the benefits to the principal resulting from a mental health treatment outweigh the burdens to the principal resulting from that treatment and includes:

         (1)  The effect of the mental health treatment on the physical, mental, emotional, and cognitive functions of the principal;

         (2)  The degree of physical and mental pain or discomfort caused to the principal by the mental health treatment or the withholding or withdrawal of that treatment;

         (3)  The degree to which the principal's medical condition, the mental health treatment, or the withholding or withdrawal of mental health treatment, results in a severe and continuing impairment;

         (4)  The effect of the mental health treatment on the life expectancy of the principal;

         (5)  The prognosis of the principal for recovery or remission, with and without the mental health treatment;

         (6)  The risks, side effects, and benefits of the mental health treatment or the withholding of mental health treatment; and

         (7)  The religious beliefs and basic values of the principal receiving mental health treatment known to the agent, to the extent that these may assist the agent in determining benefits and burdens. See Hawaii Revised Statutes 431:10-207

  • Board: means the neurotrauma advisory board established under section 321H-3. See Hawaii Revised Statutes 431:9A-101
  • Board: means the board of water supply of each county;

         "Council" means the council of each county;

         "County" means a county or city and county of the State;

         "County attorney" means the legal advisor of a county;

         "County auditor" means the auditor or finance officer of a county performing the audit function;

         "County treasurer" means the county official maintaining its treasury;

         "Mayor" means the executive officer of a county. See Hawaii Revised Statutes 54-11

  • Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. See Hawaii Revised Statutes 304A-117
  • Business entity: means an association, corporation, individual, limited liability company, limited liability partnership, partnership, person, or other legal entity. See Hawaii Revised Statutes 431:9A-102
  • Capacity: means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health-care decision. See Hawaii Revised Statutes 431:9A-160
  • Capacity: means a principal's ability to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate a mental health care decision. See Hawaii Revised Statutes 431:10-207
  • Change order: means a written order signed by the procurement officer, directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor. See Hawaii Revised Statutes 304A-117
  • Class: means the general categories of insurance, as set forth in sections 431:1-204 to 431:1-210, in which insurers may be authorized to transact the business of insurance. See Hawaii Revised Statutes 431:9A-102
  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:9A-102
  • Competent adult: means an individual eighteen years of age or older who has the capacity to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate mental health care decisions. See Hawaii Revised Statutes 431:10-207
  • Construction: means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. See Hawaii Revised Statutes 304A-117
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: means all types of agreements, regardless of what they may be called, for the procurement or disposal of goods or services, or for construction. See Hawaii Revised Statutes 304A-117
  • Contract: means any policy of life, accident and health or sickness, credit life, credit disability, homeowners, and motor vehicle insurance covering personally owned or personally leased private passenger motor vehicles prepared for delivery by an insurer. See Hawaii Revised Statutes 431:10-102
  • Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Hawaii Revised Statutes 304A-117
  • Contractor: means any person having a contract with a governmental body. See Hawaii Revised Statutes 304A-117
  • Cooperative purchasing: means procurement conducted by a public or external procurement unit with one or more public procurement units, external procurement units, or nonprofit private procurement units, pursuant to this chapter. See Hawaii Revised Statutes 304A-1755
  • County: means any county of the State. See Hawaii Revised Statutes 431:9-105
  • Covered entity: means a person or organization receiving state financial assistance, including grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to the person or organization for the purpose of rendering services to the public. See Hawaii Revised Statutes 431:9-238
  • Credit hour: means the value assigned to an approved continuing education course that is equivalent to at least fifty minutes of classroom instruction. See Hawaii Revised Statutes 431:9A-102
  • Data: means recorded information, regardless of form or characteristic. See Hawaii Revised Statutes 304A-117
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 206E-17
  • Department: means department of health. See Hawaii Revised Statutes 431:9A-101
  • Direct labor: means all work required for preparation, processing, or packing of goods or performance of services, but not work relating to supervision, administration, inspection, or shipping. See Hawaii Revised Statutes 304A-1904
  • Director: means the director of finance. See Hawaii Revised Statutes 206E-17
  • Director: means the director of health. See Hawaii Revised Statutes 431:9A-101
  • Donee: The recipient of a gift.
  • Eligible loan: means a loan to an eligible borrower for the purchase of a reserved housing unit; provided that the property financed is located in the community development district, is and will be occupied as the principal place of residence by the eligible borrower, and meets other requirements as established by rules adopted by the authority. See Hawaii Revised Statutes 431:9A-101
  • Emancipated minor: means a person under eighteen years of age who is totally self-supporting. See Hawaii Revised Statutes 431:9A-160
  • Emancipated minor: means an individual less than eighteen years of age who is deemed to be emancipated pursuant to section 577-25. See Hawaii Revised Statutes 431:10-207
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any noncompensated individual performing services for any governmental body. See Hawaii Revised Statutes 304A-117
  • Excess property: means any property which has a remaining useful life but which is no longer required by the using agency in possession of the property. See Hawaii Revised Statutes 304A-2153
  • Executive director: means the executive director of the office of language access. See Hawaii Revised Statutes 431:9-238
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • External procurement unit: means any buying organization not located in this State which, if located in this State, would qualify as a public procurement unit. See Hawaii Revised Statutes 304A-1755
  • Fair market price: means the price of a product or service paid by a willing buyer to a willing seller, that is reasonably comparable to prices on the open market. See Hawaii Revised Statutes 304A-1904
  • Flesch reading ease test: means the test set forth in section 431:10-106. See Hawaii Revised Statutes 431:10-102
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Form: means a provider orders for life-sustaining treatment form adopted by the department. See Hawaii Revised Statutes 431:10-219
  • Goods: means all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals. See Hawaii Revised Statutes 304A-117
  • Governmental body: means any department, commission, council, board, bureau, authority, committee, institution, legislative body, agency, government corporation, or other establishment or office of the executive, legislative, or judicial branch of the State, including the office of Hawaiian affairs, and the several counties of the State. See Hawaii Revised Statutes 304A-117
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guardian: means a judicially appointed guardian having authority to make a health-care decision for an individual. See Hawaii Revised Statutes 431:9A-160
  • Guardian: means a judicially appointed guardian or conservator having authority to make a mental health care decision for a principal, appointed under part 3 of article V of chapter 560. See Hawaii Revised Statutes 431:10-207
  • Hawaii products: means products that are mined, excavated, produced, manufactured, raised, or grown in the State and where the cost of the Hawaii input towards the product exceeds fifty per cent of the total cost of the product; provided that:

         (1)  Where the value of the input exceeds fifty per cent of the total cost, the product shall be classified as class I; and

         (2)  Where any agricultural, aquacultural, horticultural, silvicultural, floricultural, or livestock product is raised, grown, or harvested in the State, the product shall be classified as class II. See Hawaii Revised Statutes 304A-1904

  • Hawaii software development business: means any person, agency, corporation, or other business entity with its principal place of business or ancillary headquarters located in the State and that proposes to obtain eighty per cent of the labor for software development from persons domiciled in Hawaii. See Hawaii Revised Statutes 304A-1904
  • Health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition, including:

         (1)  Selection and discharge of health-care providers and institutions;

         (2)  Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and

         (3)  Direction to provide, withhold, or withdraw artificial nutrition and hydration; provided that withholding or withdrawing artificial nutrition or hydration is in accord with generally accepted health care standards applicable to health-care providers or institutions. See Hawaii Revised Statutes 431:9A-160

  • Health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 431:10-207
  • Health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 431:10-207
  • Health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of the individual's business or profession. See Hawaii Revised Statutes 431:10-219
  • Health-care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care. See Hawaii Revised Statutes 431:9A-160
  • Health-care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 431:9A-160
  • Health-care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 431:9A-160
  • Home state: means the District of Columbia or any state or territory of the United States in which an insurance producer maintains the producer's principal place of residence or principal place of business and is licensed to act as an insurance producer. See Hawaii Revised Statutes 431:9A-102
  • Inactive: means that the authority of a license issued by the commissioner is not in effect. See Hawaii Revised Statutes 431:9A-102
  • Independent adjuster: means an adjuster representing the interests of the insurer. See Hawaii Revised Statutes 431:9-105
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means a natural person or a business entity. See Hawaii Revised Statutes 431:9A-102
  • Individual instruction: means an individual's direction concerning a health-care decision for the individual. See Hawaii Revised Statutes 431:9A-160
  • Insurer: means any company, corporation, exchange, society, or association organized on the stock, mutual, assessment, or fraternal plan of insurance and authorized under the insurance laws of this State to issue life, disability, credit life, credit disability, homeowners, and motor vehicle insurance, including but not limited to fraternal benefit societies, nonprofit health service corporations, nonprofit hospital service corporations, health maintenance organizations, and mutual benefit societies. See Hawaii Revised Statutes 431:10-102
  • Interested persons: means the patient's spouse, unless legally separated or estranged, a reciprocal beneficiary, any adult child, either parent of the patient, an adult sibling or adult grandchild of the patient, or any adult who has exhibited special care and concern for the patient and who is familiar with the patient's personal values. See Hawaii Revised Statutes 431:9A-160
  • Invitation for bids: means all documents, whether attached or incorporated by reference, utilized for soliciting bids. See Hawaii Revised Statutes 304A-117
  • Language: means human speech or the expression of ideas by written characters and includes systems used by nations, people, or other distinct communities. See Hawaii Revised Statutes 431:9-238
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legally authorized representative: means an agent, guardian, or surrogate, as those terms are defined in section 327E-2, or agent designated through a power of attorney for health care, as defined in section 327E-2. See Hawaii Revised Statutes 431:10-219
  • License: means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. See Hawaii Revised Statutes 431:9A-102
  • Licensee: means any type of insurance producer or producer. See Hawaii Revised Statutes 431:9A-102
  • Limited line credit insurance: includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection ("gap") insurance, and any other form of insurance offered in connection with an extension of credit, that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line of credit insurance. See Hawaii Revised Statutes 431:9A-102
  • Limited line credit insurance producer: means a person who sells, solicits, or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group, or individual policy. See Hawaii Revised Statutes 431:9A-102
  • Limited lines insurance: means those lines of insurance a producer may be licensed to sell pursuant to section 431:9A-107. See Hawaii Revised Statutes 431:9A-102
  • Limited lines producer: means a person authorized by the commissioner to sell, solicit, or negotiate limited lines insurance. See Hawaii Revised Statutes 431:9A-102
  • Line of authority: means a category of insurance products, as set forth in section 431:9A-107(a), which an insurance producer may be licensed to sell pursuant to this article. See Hawaii Revised Statutes 431:9A-102
  • Line of insurance: means an insurance product, contract, or policy designed to cover specified risks that fall within one or more of the classes or types of insurance as defined in sections 431:1-204 to 431:1-211, the lines of authority defined in section 431:9A-107(a), or any other section of this code. See Hawaii Revised Statutes 431:9A-102
  • Mental health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a principal's mental condition, including:

         (1)  Selection and discharge of health care providers and institutions;

         (2)  Approval or disapproval of diagnostic tests, surgical procedures, and programs of medication; and

         (3)  Approval or disapproval of electroconvulsive treatment. See Hawaii Revised Statutes 431:10-207

  • Mental health care decision: means a decision made by a principal or the principal's agent or guardian regarding the principal's mental health care or mental health treatment. See Hawaii Revised Statutes 431:10-207
  • Mental health treatment: means any form of treatment used for the treatment of mental illness, including but not limited to electroconvulsive treatment, the use of psychotropic medication, and admission to and retention in a health care facility for the care or treatment of mental illness. See Hawaii Revised Statutes 431:10-207
  • Motor vehicle renter: means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a rental period not to exceed ninety days. See Hawaii Revised Statutes 431:9A-141
  • Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract; provided that the person engaged in the act either sells insurance or obtains insurance from insurers for producers. See Hawaii Revised Statutes 431:9A-102
  • Neurotrauma: means a severe chronic disability of a person that is attributable to an injury to the central nervous system, such as traumatic brain injury and spinal cord injury, and likely to continue indefinitely. See Hawaii Revised Statutes 431:9A-101
  • Nurse practitioner: means a person licensed as an advanced practice registered nurse under chapter 457. See Hawaii Revised Statutes 206E-4.5
  • Office paper: includes computer paper, bond paper, ledger paper, xerographic copier paper, envelopes, and other related types of paper on which printing, writing, or drawing is intended. See Hawaii Revised Statutes 304A-1904
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oral language services: means the free provision of oral information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. See Hawaii Revised Statutes 431:9-238
  • Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 431:9A-160
  • Person: means every individual, partnership, firm, society, unincorporated association, joint venture, group, hui, joint stock, company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other entities, whether the persons are doing business for themselves or in any agency or fiduciary capacity. See Hawaii Revised Statutes 304A-1904
  • Personal property: means all tangible goods, including equipment, materials and supplies, except land, buildings, and improvement to the land. See Hawaii Revised Statutes 304A-2004
  • Physician: means a person licensed to practice medicine and surgery, as required by section 453-2. See Hawaii Revised Statutes 206E-4.5
  • Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 431:9A-160
  • Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 431:10-207
  • Physician assistant: means a person licensed to practice medicine under the supervision of a physician or osteopathic physician, as required by section 453-5. See Hawaii Revised Statutes 206E-4.5
  • Plan: means the Hawaii dental education plan. See Hawaii Revised Statutes 206E-17
  • Policy board: means the procurement policy board created in section 103D-201. See Hawaii Revised Statutes 304A-117
  • Power of attorney: means the designation of an agent to make mental health care decisions for the principal granting the power. See Hawaii Revised Statutes 431:10-207
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Power of attorney for health care: means the designation of an agent to make health-care decisions for the individual granting the power. See Hawaii Revised Statutes 431:9A-160
  • Primary physician: means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Hawaii Revised Statutes 431:9A-160
  • Principal: means a competent adult or emancipated minor who has executed a written advance mental health care directive or power of attorney for mental health care. See Hawaii Revised Statutes 431:10-207
  • Printed material: includes business forms, stationery, business cards, brochures, reports, publications, advertising and promotional collateral, and other related materials, including reports, publications, and related materials commissioned as part of any professional services contract. See Hawaii Revised Statutes 304A-1904
  • Probate: Proving a will
  • Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 304A-117
  • Procurement officer: means any person authorized to enter into and administer contracts and make written determinations with respect thereto. See Hawaii Revised Statutes 304A-117
  • producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See Hawaii Revised Statutes 431:9A-102
  • Products: include materials, manufactures, supplies, merchandise, goods, wares, products, and foodstuffs. See Hawaii Revised Statutes 304A-1904
  • Professional services: means those services within the scope of the practice of architecture, landscape architecture, professional engineering, land surveying, real property appraisal, law, medicine, accounting, dentistry, public finance bond underwriting, public finance bond investment banking, or any other practice defined as professional by the laws of this State or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook. See Hawaii Revised Statutes 304A-117
  • Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, a redevelopment project, or a residential project, all as defined as follows, or any combination thereof, which combination shall hereinafter be called and known as a "multipurpose project". See Hawaii Revised Statutes 431:9-105
  • Property: means all goods, including equipment, materials, supplies, land, buildings, and other improvements to the land, also non-tangible items such as patents, inventions, and copyrights. See Hawaii Revised Statutes 304A-2153
  • Provider orders for life-sustaining treatment form: means a form signed by a patient, or if incapacitated, by the patient's legally authorized representative and the patient's provider, that records the patient's wishes and that directs a health care provider regarding the provision of resuscitative and life-sustaining measures. See Hawaii Revised Statutes 431:10-219
  • Psychologist: means an individual authorized to practice psychology under chapter 465. See Hawaii Revised Statutes 431:10-207
  • Public adjuster: means an adjuster employed by and solely representing the financial interests of the insured named in the policy. See Hawaii Revised Statutes 431:9-105
  • Public agency: means any agency of the State or county. See Hawaii Revised Statutes 304A-1904
  • Public facilities: includes streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the district, sites for schools, parks, parking garage, sidewalks, pedestrian ways, and other community facilities. See Hawaii Revised Statutes 431:9-105
  • Public procurement unit: means either a local public procurement unit or a state public procurement unit. See Hawaii Revised Statutes 304A-1755
  • Purchasing agency: means any governmental body which is authorized by this chapter or its implementing rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods, services, or construction. See Hawaii Revised Statutes 304A-117
  • Qualified community rehabilitation program: means a nonprofit community rehabilitation program for persons with disabilities that:

         (1)  Is organized and incorporated under the laws of the United States or this State, and located in this State;

         (2)  Is operated in the interest of and [employs] persons with disabilities;

         (3)  Does not inure any part of its net income to any shareholder or other individual;

         (4)  Complies with all applicable occupational health and safety standards required by the federal, state, and county governments; and

         (5)  Holds a current certificate from the United States Department of Labor pursuant to the Fair Labor Standards Act, Title 29 United States Code section 214(c), and is certified by the state department of labor and industrial relations under section 387-9 and applicable administrative rules relating to the employment of persons with disabilities. See Hawaii Revised Statutes 304A-1904

  • Real property: means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 431:9-105
  • Reasonably available: means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a patient's health care needs, and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Hawaii Revised Statutes 431:9A-160
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • rental agreement: means any written agreement setting forth the terms and conditions governingthe use of a motor vehicle that is rented or leased from a rental company. See Hawaii Revised Statutes 431:9A-141
  • rental company: means any person that is primarily in the business of providing motor vehicles to the public under a motor vehicle rental agreement for a rental period not to exceed ninety days. See Hawaii Revised Statutes 431:9A-141
  • rental company producer: means a motor vehicle rental company that is licensed by the commissioner to solicit and sell insurance coverages only in connection with and which are incidental to the rental company's business of renting motor vehicles. See Hawaii Revised Statutes 431:9A-141
  • Request for proposals: means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. See Hawaii Revised Statutes 304A-117
  • Reserved housing: means housing designated for residents in the low- or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule. See Hawaii Revised Statutes 431:9A-101
  • Reserved housing: means housing designated for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule. See Hawaii Revised Statutes 431:9-105
  • Reserved housing loan programs: includes all or any part of the loan to lenders program, the purchase of existing loans program, the advance commitments program, and the eligible loan and eligible project loan funding program authorized under this part. See Hawaii Revised Statutes 431:9A-101
  • Residential project: means a project or that portion of a multipurpose project, including residential dwelling units, designed and intended for the purpose of providing housing and any facilities as may be incidental or appurtenant thereto. See Hawaii Revised Statutes 431:9-105
  • Revenue bonds: means bonds, notes, or other evidence of indebtedness of the authority issued to finance any of the reserved housing loan programs under this part. See Hawaii Revised Statutes 431:9A-101
  • Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See Hawaii Revised Statutes 431:9A-102
  • Services: means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. See Hawaii Revised Statutes 304A-117
  • Small business: means a business that is independently owned and defined by detailed criteria pursuant to rules adopted by the policy board. See Hawaii Revised Statutes 304A-1893.1
  • Software development: means any work related to feasibility studies, system requirements analysis, system design alternatives analysis, system external specifications, system internal specifications, programming, testing, debugging, or implementation for an electronic data processing system. See Hawaii Revised Statutes 304A-1904
  • Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See Hawaii Revised Statutes 431:9A-102
  • Specifications: means any description of the physical or functional characteristics, or of the nature of a good, service, or construction item. See Hawaii Revised Statutes 304A-117
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 431:9A-160
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 431:10-207
  • state agency: means the executive, legislative, or judicial branches of state government, including departments, offices, commissions, boards, or other agencies within the executive, legislative, or judicial branches. See Hawaii Revised Statutes 431:9-238
  • State public procurement unit: means the office of the chief procurement officer and any other purchasing agency of this State. See Hawaii Revised Statutes 304A-1755
  • Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
  • Supervising health care provider: means the primary physician or the physician's designee, or the health care provider or the provider's designee who has undertaken primary responsibility for a principal's health care, that includes mental health care. See Hawaii Revised Statutes 431:10-207
  • Supervising health-care provider: means the primary physician or the physician's designee, or the health-care provider or the provider's designee who has undertaken primary responsibility for an individual's health care. See Hawaii Revised Statutes 431:9A-160
  • Surplus personal property: includes obsolete, scrap, and excess personal property that has completed its useful life cycle. See Hawaii Revised Statutes 304A-2004
  • Surplus property: includes obsolete, scrap, and nonexpendable property that has completed its useful life cycle. See Hawaii Revised Statutes 304A-2153
  • Surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health-care decision for the patient. See Hawaii Revised Statutes 431:9A-160
  • Text: includes all printed material in the contract except:

         (1)  The insurer's name and address;

         (2)  The name, number, or title of the contract;

         (3)  The table of contents or index;

         (4)  Any captions or subcaptions;

         (5)  Any specification pages, schedules, or tables;

         (6)  Any language required by federal law, regulation, or agency interpretation or any written certification to exclude such language;

         (7)  Any language required by any collective bargaining agreement;

         (8)  Any medical terminology; and

         (9)  Any definitions. See Hawaii Revised Statutes 431:10-102

  • Trust indenture: means an agreement by and between the authority and the trustee, which sets forth the duties of the trustee with respect to the revenue bonds, the security therefor, and other provisions as deemed necessary or convenient by the authority to secure the revenue bonds. See Hawaii Revised Statutes 431:9A-101
  • Trustee: means a national or state bank or trust company within or without the State which enters into a trust indenture. See Hawaii Revised Statutes 431:9A-101
  • Uniform application: means the current version of National Association of Insurance Commissioners' uniform application for resident and nonresident producer licensing. See Hawaii Revised Statutes 431:9A-102
  • Uniform business entity application: means the current version of National Association of Insurance Commissioners' uniform business entity application for resident and nonresident business entities. See Hawaii Revised Statutes 431:9A-102
  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • urban renewal plan: means a plan, as it exists from time to time, for an urban renewal project, which plan (1) shall conform to the master plan for the county as a whole; or if there is no master plan for the county as a whole, then to the master plan for the urban area as a whole of which the urban renewal project area constitutes a part; and (2) shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses; improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. See Hawaii Revised Statutes 53-52
  • Using agency: means any governmental body which utilizes any goods, services, or construction procured under this chapter. See Hawaii Revised Statutes 304A-117
  • vehicle: means a motor vehicle:

         (1)  Of the private passenger type including passenger vans, minivans, and sport utility vehicles; or

         (2)  Of the cargo type, including cargo vans or pickup trucks with a gross vehicle weight of less than twenty-six thousand pounds,

    that do not require a commercial driver's license for the operation of the vehicle. See Hawaii Revised Statutes 431:9A-141

  • Venue: The geographical location in which a case is tried.
  • Vital documents: means printed documents that provide important information necessary to access or participate in services, programs, and activities of a state agency or covered entity, including but not limited to applications, outreach materials, and written notices of rights, denials, losses, or decreases in benefits or services. See Hawaii Revised Statutes 431:9-238
  • WICHE: means the Western Interstate Commission for Higher Education as described in chapter 304A, part VII, subpart D. See Hawaii Revised Statutes 206E-17
  • Written language services: means the free provision of written information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. See Hawaii Revised Statutes 431:9-238