Hawaii Revised Statutes > Chapter 101 – Eminent Domain


Part I	Condemnation of Private Property	101-1 – 101-39
Part II	Irrigation Corporations	101-41 – 101-44
Part III	Special Proceedings Relating to Public Property	101-51 – 101-54
Part IV	Acquisition of Private Personal Property	101-71 – 101-72

Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Hawaii Revised Statutes > Chapter 101 - Eminent Domain

Active treatment: means provision of services as specified in an individualized service plan. See Hawaii Revised Statutes 333F-1
Adjusted risk-based capital report: means a risk-based capital report that has been adjusted by the commissioner in accordance with section 431:3-402(f). See Hawaii Revised Statutes 431:3-401
Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 340E-1
Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-1
Adult: means an individual who is eighteen years of age or older. See Hawaii Revised Statutes 327L-1
Advance health-care directive: means an individual instruction or a power of attorney for health care. See Hawaii Revised Statutes 327E-2
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 327G-2
Advanced practice registered nurse: means a registered nurse licensed to practice in the State who has met the qualifications of chapter 457 and who, because of advanced education and specialized clinical training, is authorized to assess, screen, diagnose, order, utilize, or perform medical, therapeutic, preventive, or corrective measures, including prescribing medication. See Hawaii Revised Statutes 327L-1
Advisory committee: means an advisory committee on small business as established in section 201M-4. See Hawaii Revised Statutes 201M-1
affects small business: means any potential or actual requirement imposed upon a small business through an agency's proposed or adopted rule that will cause a direct and significant economic burden upon a small business, or is directly related to the formation, operation, or expansion of a small business. See Hawaii Revised Statutes 201M-1
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Hawaii Revised Statutes 431:3A-102
Agency: means each state or county board, commission, department, or officer authorized by law to make rules, except those in the legislative or judicial branches. See Hawaii Revised Statutes 201M-1
Agency: means any department, office, board, or commission of the State or a county government which is a part of the executive branch of that government, but does not include any public corporation or authority that may be established by the legislature for the purposes of the project. See Hawaii Revised Statutes 196D-3
Agency: means any agency, department, authority, board, commission, the University of Hawaii, or any other unit of the State or its political subdivisions. See Hawaii Revised Statutes 201B-1
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 327E-2
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 327G-2
Air pollution: means the presence in the outdoor air of substances in quantities and for durations which may endanger human health or welfare, plant or animal life, or property or which may unreasonably interfere with the comfortable enjoyment of life and property throughout the State and in such areas of the State as are affected thereby, but excludes all aspects of employer-employee relationships as to health and safety hazards. See Hawaii Revised Statutes 342B-1
Ambient air: means the general outdoor atmosphere. See Hawaii Revised Statutes 342B-1
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
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.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant: means any person who, pursuant to statute, ordinance, rule, or regulation, requests approval or a permit of the proposed project. See Hawaii Revised Statutes 196D-3
Applicant: means the person applying for a permit to operate as a hemp processor under this chapter. See Hawaii Revised Statutes 328G-1
Applicant: means every person applying for a license to become a provider of an adult foster home or developmental disabilities domiciliary home. See Hawaii Revised Statutes 333F-1
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Approval: means a discretionary consent required from an agency prior to the actual implementation of the project. See Hawaii Revised Statutes 196D-3
Aquatic life: means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral or other animal that inhabits the freshwater and marine environment and includes any part, product, egg or offspring thereof; or freshwater and marine plants, including seeds, roots, and other parts thereof. See Hawaii Revised Statutes 197-1
Arrest: Taking physical custody of a person by lawful authority.
Article: means any previously owned good or chattel, including, but not limited to, precious or semiprecious metals or precious or semiprecious gems. See Hawaii Revised Statutes 486M-1
Artificially derived cannabinoid: means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant genus cannabis. See Hawaii Revised Statutes 328G-1
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
Attending provider: means a physician licensed pursuant to chapter 453 or advanced practice registered nurse licensed pursuant to chapter 457 who has responsibility for the care of the patient and treatment of the patient's terminal disease. See Hawaii Revised Statutes 327L-1
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authority: means the Mauna Kea stewardship and oversight authority. See Hawaii Revised Statutes 195H-2
Authority: means the Hawaii tourism authority established in section 201B-2. See Hawaii Revised Statutes 201B-1
Authorized control level risk-based capital: means , with respect to any insurer, the number determined under the risk-based capital formula in accordance with the risk-based capital instructions; and
(4) "Mandatory control level risk-based capital" means, with respect to any insurer, the product of 0. See Hawaii Revised Statutes 431:3-401
Automated recycling kiosk: means an interactive device that is installed within a secure retail space and performs the following technological functions:
(1)Only accepts for recycling previously owned handheld electronic cellular phone devices;
(2)Verifies a seller's identity through a combination of technology within the kiosk and remote examination of a government-issued identification by a live representative during each transaction;
(3)Securely stores devices accepted by the kiosk;
(4)Records images of the seller and the devices accepted during the transaction;
(5)Possesses computerized record-keeping and transmittal capabilities;
(6)Electronically transmits transaction records to law enforcement within twenty-four hours from when the device was received; and
(7)Can be remotely opened upon request by law enforcement during normal business hours. See Hawaii Revised Statutes 486M-1
Available surplus: means the excess over the minimum amount of surplus required for the classes of insurance the insurer is authorized to transact. See Hawaii Revised Statutes 431:4-101
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Bar: means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars. See Hawaii Revised Statutes 328J-1
Barge: means a vessel that is not self propelled or fitted for propulsion by sail, paddle, oar, or similar device. See Hawaii Revised Statutes 200A-2
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Benefit society: means a mutual benefit society registered under section 432:1-301 or a fraternal benefit society organized under § 432:2-301. See Hawaii Revised Statutes 431:3-401
Bequest: Property gifted by will.
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 327E-2
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 327G-2
Board: means the small business regulatory review board. See Hawaii Revised Statutes 201M-1
Board: means the board of land and natural resources. See Hawaii Revised Statutes 195-2
Board: means the board of land and natural resources. See Hawaii Revised Statutes 195F-2
Board: means the board of education. See Hawaii Revised Statutes 302A-101
Board: means the board of land and natural resources. See Hawaii Revised Statutes 197-1
Board: means the board of directors of the Hawaii tourism authority established in section 201B-2, and any successor thereto. See Hawaii Revised Statutes 201B-1
bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-151
Branch: means the insurance fraud investigations branch of the insurance division of the department of commerce and consumer affairs. See Hawaii Revised Statutes 431:2-401
Building: means any area enclosed or partially enclosed by a roof and at least three walls. See Hawaii Revised Statutes 328J-1
Business: means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold, professional corporations, and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. See Hawaii Revised Statutes 328J-1
Business: includes every trade, occupation, and profession. See Hawaii Revised Statutes 425-101
Business day: means any calendar day on which the health club is open for inspection and use by the buyer, except Saturdays, Sundays, and state or federal holidays. See Hawaii Revised Statutes 486N-1
Buyer: means a natural person who enters into a health club contract. See Hawaii Revised Statutes 486N-1
Buyer: means a person that buys or contracts to buy a vessel. See Hawaii Revised Statutes 200A-2
Buyer in ordinary course of business: means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. See Hawaii Revised Statutes 200A-2
Cannabinoids: means any of the various naturally occurring, biologically active, chemical constituents of cannabis that bind to or interact with receptors of the endogenous cannabinoid system. See Hawaii Revised Statutes 328G-1
Cannabis: means the genus of the flowering plant in the family Cannabaceae. See Hawaii Revised Statutes 328G-1
Capable: means that in the opinion of the patient's attending provider or consulting provider, psychiatrist, psychologist, or clinical social worker, a patient has the ability to understand the patient's choices for care, including risks and benefits, and make and communicate health care decisions to health care providers. See Hawaii Revised Statutes 327L-1
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 327E-2
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 327G-2
Case management services: means services to persons with developmental or intellectual disabilities that assist them in gaining access to needed social, medical, legal, educational, and other services, and includes:
(1) Follow-along services which assure, through a continuing relationship between an agency or provider and a person with a developmental or intellectual disability and the person's parent, if the person is a minor, or guardian, if a guardian has been appointed for the purpose, that the changing needs of the person and the family are recognized and appropriately met. See Hawaii Revised Statutes 333F-1
Certificate of origin: includes a manufacturer's certificate or statement of origin and an importer's certificate or statement of origin. See Hawaii Revised Statutes 200A-2
Certificate of title: means a record, created by the department under this chapter or by a governmental agency of another jurisdiction under the law of that jurisdiction, that is designated as a certificate of title by the department or agency and is evidence of ownership of a vessel. See Hawaii Revised Statutes 200A-2
Chairperson: means the chairperson of the authority. See Hawaii Revised Statutes 195H-2
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Clean Air Act: means the federal Clean Air Act of 1963 as amended (42 United States Code § 7401 et seq. See Hawaii Revised Statutes 342B-1
Clear and conspicuous: means reasonably understandable and designed to call attention to the nature and significance of the information in the notice. See Hawaii Revised Statutes 431:3A-102
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Commission: means the natural area reserves system commission. See Hawaii Revised Statutes 195-2
Commission: means the animal species advisory commission. See Hawaii Revised Statutes 197-1
Commissioner: means the insurance commissioner of the State. See Hawaii Revised Statutes 431:3A-102
Commissioner: means the insurance commissioner of the State. See Hawaii Revised Statutes 431:3B-101
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Company: means a corporation, limited liability company, business trust, general or limited partnership, association, sole proprietorship, mutual benefit society, health maintenance organization, nonprofit corporation, or similar organization. See Hawaii Revised Statutes 431:3A-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 327G-2
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Complex: means the high school and those elementary, middle, and intermediate schools that feed into the high school as designated by the department. See Hawaii Revised Statutes 302A-101
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
Confirmatory test: means a drug or alcohol test that uses a method of analysis determined by the director of health to be reliable in establishing the identity and quantity of alcohol, drugs, or metabolites of drugs detected in an initial screening test. See Hawaii Revised Statutes 329B-2
Conservation: means to use and the use of all methods and procedures for the purpose of managing populations of aquatic life and wildlife and their habitats. See Hawaii Revised Statutes 197-1
Consulting provider: means a physician licensed pursuant to chapter 453 who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease or advanced practice registered nurse licensed pursuant to chapter 457 who is qualified by specialty or experience to diagnose and prescribe medication. See Hawaii Revised Statutes 327L-1
Consumer: means an individual, or that individual's legal representative, who seeks to obtain, obtains, or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family, or household purposes, and about whom the licensee has nonpublic personal information. See Hawaii Revised Statutes 431:3A-102
Consumer: means an individual, including but not limited to applicants, policyholders, insureds, beneficiaries, claimants, and certificate holders, who is a resident of this State and whose nonpublic information is in a licensee's possession, custody, or control. See Hawaii Revised Statutes 431:3B-101
Consumer goods: means goods that are used or bought for use primarily for personal, family, or household purposes. See Hawaii Revised Statutes 200A-2
Contaminant: means any physical, chemical, biological, or radiological substance or matter in water. See Hawaii Revised Statutes 340E-1
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in section 490:1-303. See Hawaii Revised Statutes 200A-2
Contract price: means the price for the purchase of a membership in a health club or for services offered by a health club or for use of the facilities of a health club. See Hawaii Revised Statutes 486N-1
Control: means :
(1) Ownership, control, or power to vote twenty-five per cent or more of the outstanding shares of any class of voting security of the company, directly or indirectly, or acting through one or more other persons;
(2) Control in any manner over the election of a majority of the directors, trustees, or general partners or individuals exercising similar functions of the company; or
(3) The power to exercise, directly or indirectly, a controlling influence over the management or policies of the company, as the commissioner determines. See Hawaii Revised Statutes 431:3A-102
Controlled substance: means a substance as defined in section 329-1. See Hawaii Revised Statutes 329C-1
convention center: means any combination of land, buildings, and improvements thereon, acquired or developed by the State, and includes exhibition halls, meeting rooms, a plenary session hall, and support space that reflect a Hawaiian sense of place; any other structure or facility required or useful for the operation of a convention center, including commercial, office, community service, parking, garage, and other supporting service structures; and, all necessary, useful, and related equipment, furnishings, and appurtenances. See Hawaii Revised Statutes 201B-1
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Corrective order: means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Hawaii Revised Statutes 431:3-401
Council: means the [invasive species council]. See Hawaii Revised Statutes 194-1
Council: means the Kaneohe Bay regional council. See Hawaii Revised Statutes 200D-1
Council: means the compliance advisory council. See Hawaii Revised Statutes 342B-1
Counseling: means one or more consultations, which may be provided through telehealth, as necessary between a psychiatrist licensed under chapter 453, psychologist licensed under chapter 465, clinical social worker licensed pursuant to chapter 467E, advanced practice registered nurse or clinical nurse specialist licensed under chapter 457 with psychiatric or mental health training, or marriage and family therapist licensed pursuant to chapter 451J, and a patient for the purpose of determining that the patient is capable, and that the patient does not appear to be suffering from undertreatment or nontreatment of depression or other conditions that may interfere with the patient's ability to make an informed decision pursuant to this chapter. See Hawaii Revised Statutes 327L-1
county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
Creative industries: means those sectors that comprise Hawaii's creative economy, including media, arts, culture, music, design, fashion, publishing, animation, interactive, and emerging media. See Hawaii Revised Statutes 201-111
cushion: includes only those that are filled with rubber, feathers, or down. See Hawaii Revised Statutes 332-1
Cybersecurity event: means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on that information system. See Hawaii Revised Statutes 431:3B-101
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dealer: means any person, firm, partnership, corporation, or other entity who engages in a business which includes the buying of previously owned [articles,] and includes any pawnbroker or secondhand dealer. See Hawaii Revised Statutes 486M-1
Dealer: means a person, including a manufacturer, in the business of selling vessels. See Hawaii Revised Statutes 200A-2
Debtor: means :
(1) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;
(2) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or
(3) A consignee. See Hawaii Revised Statutes 200A-2
Decarboxylated: means the completion of the chemical reaction that converts naturally occurring cannabinoid acid into a cannabinoid, including delta-9 tetrahydrocannabinol's acids (THCA) into delta-9-tetrahydrocannabinol. See Hawaii Revised Statutes 328G-1
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means any entity that is a member of the [invasive species council] established under section [ 194-2(a) ]. See Hawaii Revised Statutes 194-1
Department: means the department of health. See Hawaii Revised Statutes 327K-1
Department: means the department of land and natural resources. See Hawaii Revised Statutes 195-2
Department: means the department of land and natural resources. See Hawaii Revised Statutes 195F-2
Department: means the department of health. See Hawaii Revised Statutes 327L-1
Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-1
Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-61
Department: means the department of health. See Hawaii Revised Statutes 327N-1
Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-101.5
Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-111
Department: means the department of land and natural resources or any successor agency. See Hawaii Revised Statutes 196D-3
Department: means the department of health. See Hawaii Revised Statutes 328G-1
Department: means the department of education. See Hawaii Revised Statutes 302A-101
Department: means the department of land and natural resources. See Hawaii Revised Statutes 197-1
Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 486N-1
Department: means the department of land and natural resources. See Hawaii Revised Statutes 200A-2
Department: means the department of health. See Hawaii Revised Statutes 328J-1
Department: means the department of health. See Hawaii Revised Statutes 328L-1
Department: means the department of health. See Hawaii Revised Statutes 329B-2
Department: means the department of health. See Hawaii Revised Statutes 329D-1
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-151
Department: means the department of health. See Hawaii Revised Statutes 333F-1
Department: means the department of health. See Hawaii Revised Statutes 340E-1
Department: means the department of health. See Hawaii Revised Statutes 342B-1
Department school: means any school that falls within the definition of "public schools" as that term is defined in section 302A-101, and is not a charter school. See Hawaii Revised Statutes 302A-101
Dependent: A person dependent for support upon another.
Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
Developmental disabilities: means a severe, chronic disability of a person which:
(1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;
(2) Is manifested before the person attains age twenty-two;
(3) Is likely to continue indefinitely;
(4) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic sufficiency; and
(5) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. See Hawaii Revised Statutes 333F-1
Devise: To gift property by will.
Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 201-101.5
Director: means the director of health. See Hawaii Revised Statutes 328G-1
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 486N-1
Director: means the director of health. See Hawaii Revised Statutes 328J-1
Director: means the director of health. See Hawaii Revised Statutes 328L-1
Director: means the director of health. See Hawaii Revised Statutes 329B-2
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 425-101
Director: means the director of health. See Hawaii Revised Statutes 333F-1
Director: means the director of health or the director's authorized agent. See Hawaii Revised Statutes 340E-1
Director: means the director of health. See Hawaii Revised Statutes 342B-1
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Discretionary consent: means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent. See Hawaii Revised Statutes 196D-3
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
dispensary: means a person licensed by the State pursuant to this chapter to own, operate, or subcontract no more than three production centers and up to two retail dispensing locations. See Hawaii Revised Statutes 329D-1
dispensing: means the act of a licensed dispensary providing cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for a fee. See Hawaii Revised Statutes 329D-1
Distribute: means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance. See Hawaii Revised Statutes 329C-1
District: means the state public education system as a whole, except as used by the department for federal compliance and reporting requirements. See Hawaii Revised Statutes 302A-101
Documented vessel: means a vessel covered by a certificate of documentation issued pursuant to title 46 United States Code § 12105, as amended. See Hawaii Revised Statutes 200A-2
Domestic insurer: includes an insurer, a benefit society or a health maintenance organization. See Hawaii Revised Statutes 431:3-401
Donor: The person who makes a gift.
Drinking water fund: means the drinking water treatment revolving loan fund established by section 340E-35. See Hawaii Revised Statutes 340E-31
Drug: means a controlled substance as defined in chapter 329. See Hawaii Revised Statutes 329B-2
Dry weight basis: refers to a method of determining the percentage of a chemical in a substance after removing the moisture from the substance. See Hawaii Revised Statutes 328G-1
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 200A-2
Electronic certificate of title: means a certificate of title consisting of information that is stored solely in an electronic medium and is retrievable in perceivable form. See Hawaii Revised Statutes 200A-2
Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately. See Hawaii Revised Statutes 328J-1
Emancipated minor: means a person under eighteen years of age who is totally self-supporting. See Hawaii Revised Statutes 327E-2
Emancipated minor: means an individual less than eighteen years of age who is deemed to be emancipated pursuant to § 577-25. See Hawaii Revised Statutes 327G-2
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}
Emission: means the act of releasing or discharging air pollutants into the ambient air from any source. See Hawaii Revised Statutes 342B-1
Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers the person's services for a nonprofit entity. See Hawaii Revised Statutes 328J-1
Employer: means a person, business, partnership, association, corporation, including the State or any of its political subdivisions, a trust, or nonprofit entity that employs the services of one or more individual persons, but shall not include the United States. See Hawaii Revised Statutes 328J-1
Enclosed indoor facility: means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from the elements of weather. See Hawaii Revised Statutes 328G-1
Enclosed indoor facility: means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from any exterior view and elements of weather; provided that the roof of an enclosed indoor facility utilized as a production center pursuant to a medical cannabis dispensary license application or license renewal application submitted after January 29, 2016, may be partially or completely transparent or translucent. See Hawaii Revised Statutes 329D-1
Enclosed or partially enclosed: means closed in by a roof or overhang and at least two walls. See Hawaii Revised Statutes 328J-1
enrollment: means a student has met all of the department's requirements for entrance and is formally placed on a school's roll. See Hawaii Revised Statutes 302A-101
Environmental impact statement: means , as applicable, an informational document prepared in compliance with chapter 343 or with the National Environmental Policy Act of 1969 (Public Law 91-190). See Hawaii Revised Statutes 196D-3
EPA risk assessment guidelines: means guidelines developed by the United States Environmental Protection Agency for the assessment of health risks from environmental pollutants and includes, but is not limited to, Guidelines for Estimating Exposures, Guidelines for Mutagenicity Risk Assessment, Guidelines for the Health Assessment of Suspect Developmental Toxicants, and Guidelines for the Health Risk Assessment of Chemical Mixtures. See Hawaii Revised Statutes 340E-21
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Equity security: means any stock or similar security; any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; any such warrant or right; or any security that the commissioner, by rules and regulations as the commissioner may prescribe in the public interest or for the protection of investors, designates as an equity security. See Hawaii Revised Statutes 431:4-101
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
Exceptional children: includes :
(1) Persons under twenty-two years of age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities; provided that "exceptional children" shall not include "gifted and talented children";
(2) Persons under twenty-two years of age who by reason of physical defects cannot attend the regular public school classes with normal children; and
(3) Persons under twenty-two years of age who are certified by a licensed physician eligible for membership in the state medical society as being emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods. See Hawaii Revised Statutes 302A-101
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
FDA: means the United States Food and Drug Administration. See Hawaii Revised Statutes 328G-1
Federal Act: means the Safe Drinking Water Act, Public Law 93-523, as amended by the Safe Drinking Water Act Amendments of 1986, Public Law 99-339, and the Safe Drinking Water Act Amendments of 1996, Public Law 104-182. See Hawaii Revised Statutes 340E-1
Federal drinking water guidelines: means a proposed maximum contamination level, health advisory, or other guidance developed by the United States Environmental Protection Agency to assist a state agency in responding to a contaminant in drinking water for which no maximum contamination level (MCL) is established. See Hawaii Revised Statutes 340E-21
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fiduciary: A trustee, executor, or administrator.
Financial product or service: includes a financial institution's evaluation or brokerage of information that the financial institution collects in connection with a request or an application from a consumer for a financial product or service. See Hawaii Revised Statutes 431:3A-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Foreign documented vessel: means a vessel the ownership of which is recorded in a registry maintained by a country other than the United States that identifies each person that has an ownership interest in a vessel and includes a unique alphanumeric designation for the vessel. See Hawaii Revised Statutes 200A-2
Foreign limited liability partnership: means a partnership that:
(1) Is formed under laws other than the laws of this State; and
(2) Has the status of a limited liability partnership under those laws. See Hawaii Revised Statutes 425-101
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 327K-1
Fraud: Intentional deception resulting in injury to another.
Fugitive emissions: means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. See Hawaii Revised Statutes 342B-1
Fund: means the forest stewardship fund as established by § 195F-4. See Hawaii Revised Statutes 195F-2
Fund: means the Hawaii film and creative industries development special fund. See Hawaii Revised Statutes 201-111
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Hawaii Revised Statutes 200A-2
Government: means the State, or any of its political subdivisions, agencies, and instrumentalities, corporate or otherwise. See Hawaii Revised Statutes 201-1
Government issued identification: means :
(1) A passport issued by the United States of America;
(2) A [driver's] license issued pursuant to any state or District of Columbia law;
(3) An identification card issued by any state or local government or the Bureau of Indian Affairs; or
(4) An identification card issued by any branch of the Armed Forces of the United States of America. See Hawaii Revised Statutes 486M-1
Grantor: The person who establishes a trust and places property into it.
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Guardian: means a judicially appointed guardian having authority to make a health-care decision for an individual. See Hawaii Revised Statutes 327E-2
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
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 327G-2
Guest: means a person who is registered at the hotel and to whom a bedroom is assigned. See Hawaii Revised Statutes 486K-1
Habilitation: means the process by which the staff of an agency assists an individual to cope more effectively with the demands of his or her own person and environment and to raise the level of his or her physical, mental, and social functioning. See Hawaii Revised Statutes 333F-1
Habitat: means a locality or environment in which aquatic life, wildlife or land plants (as defined in chapter 195D) grow or live. See Hawaii Revised Statutes 197-1
Hazardous air pollutant: means those hazardous air pollutants listed in section 112 (b) of the Clean Air Act, as amended, 42 United States Code § 7412(b), and any other hazardous air pollutant designated by rules. See Hawaii Revised Statutes 342B-1
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 327E-2
Health care facility: means an office or institution, including all waiting rooms, hallways, private rooms, semiprivate rooms, and wards, which provides care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. See Hawaii Revised Statutes 328J-1
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 327G-2
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 327G-2
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 327K-1
Health care provider: means a person licensed, certified, or otherwise authorized or permitted by the law of this State to administer health care or dispense medication in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327L-1
Health club: means any person operating a business organized for profit, offering facilities or services for the maintenance or development of physical fitness or well-being through physical exercise. See Hawaii Revised Statutes 486N-1
Health club contract: means a contract for membership in a health club, or for services offered by a health club, or for use of facilities of a health club, for a period longer than seven days. See Hawaii Revised Statutes 486N-1
Health information: means any information or data except age or gender, whether oral or recorded in any form or medium, created by or derived from a health care provider or the consumer that relates to:
(1) The past, present, or future physical, mental, or behavioral health or condition of an individual;
(2) The provision of health care to an individual; or
(3) Payment for the provision of health care to an individual. See Hawaii Revised Statutes 431:3A-102
Health maintenance organization: means a health maintenance organization authorized under § 432D-2. See Hawaii Revised Statutes 431:3-401
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 327E-2
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 327E-2
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 327E-2
Hemp: means Cannabis sativa L. See Hawaii Revised Statutes 328G-1
Hemp biomass: means the leaf and floral parts of hemp plant material. See Hawaii Revised Statutes 328G-1
Hemp processor: means a person who processes hemp biomass or prepares a manufactured hemp product. See Hawaii Revised Statutes 328G-1
Heritage program: means a comprehensive natural resource inventory data base for public information that includes the location of rare plants, animals, and natural communities (ecosystems) in the State. See Hawaii Revised Statutes 195-2
Hull damaged: means compromised with respect to the integrity of a vessel's hull by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence, or the sinking of a vessel in a manner that creates a significant risk to the integrity of the vessel's hull. See Hawaii Revised Statutes 200A-2
Hull identification number: means the alphanumeric designation assigned to a vessel pursuant to title Title 33 of the Code of Federal Regulations, Part 181, as amended. See Hawaii Revised Statutes 200A-2
Imitation controlled substance: means a substance that is not a controlled substance, which by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. See Hawaii Revised Statutes 329C-1
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indigenous species: means any aquatic life, wildlife, or land plant (as defined in chapter 195D) growing or living naturally in Hawaii without having been brought directly or indirectly to Hawaii. See Hawaii Revised Statutes 197-1
Individual instruction: means an individual's direction concerning a health-care decision for the individual. See Hawaii Revised Statutes 327E-2
Individualized service plan: means the written plan required by section 333F-6 that is developed by the individual, with the input of family, friends, and other persons identified by the individual as being important to the planning process. See Hawaii Revised Statutes 333F-1
Individually appropriate: means responsive to the needs of the person as determined through interdisciplinary assessment and provided pursuant to an individualized service plan that is person-centered and community-based. See Hawaii Revised Statutes 333F-1
Informed decision: means a decision by a qualified patient to request and obtain a prescription to end the qualified patient's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
Injection: means the subsurface emplacement of any material, liquid, semi-solid, or solid, or any admixture thereof, which may add a contaminant to underground waters. See Hawaii Revised Statutes 340E-1
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Institutional facility: means a:
(1) Hospital;
(2) Convalescent home;
(3) Nursing home;
(4) Extended care facility;
(5) Mental institution;
(6) Rehabilitation center;
(7) Health maintenance organization;
(8) Psychiatric center;
(9) Intellectual disability center;
(10) Penal institution; or
(11) Any other organization whose primary purpose is to provide a physical environment for patients to obtain health care services or at-home care services, except those places where physicians, dentists, veterinarians, osteopaths, podiatrists, or other prescribers who are duly licensed, engage in private practice. See Hawaii Revised Statutes 328C-1
Insurance policy: means a contract issued by an insurer or other licensee. See Hawaii Revised Statutes 431:2-401
Intellectual disability: means significantly subaverage general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period. See Hawaii Revised Statutes 333F-1
Interagency group: means the body established pursuant to § 196D-6. See Hawaii Revised Statutes 196D-3
Interdisciplinary team: means a group of persons that is drawn from or represents those professions, disciplines, or service areas that are relevant to identifying an individual's needs and designing a program to meet them, and is responsible for evaluating the individual's needs, developing an individual program plan to meet them, periodically reviewing the individual's response to the plan, and revising the plan accordingly. See Hawaii Revised Statutes 333F-1
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
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 327E-2
Interim action level: means a level established by the director of health for a contaminant in a public drinking water supply for which a maximum contamination level is not established by the EPA. See Hawaii Revised Statutes 340E-21
Intestate: Dying without leaving a will.
Introduction: means an act of establishing aquatic life or wildlife into a habitat to which it is not indigenous. See Hawaii Revised Statutes 197-1
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
keeper: includes any individual, firm, or corporation actually operating a hotel. See Hawaii Revised Statutes 486K-1
Knowledge: means actual knowledge. See Hawaii Revised Statutes 200A-2
Landowner: means any person or entity having the fee simple interest in land in the State. See Hawaii Revised Statutes 195-2
Landowner: means any person having an interest in or holding any encumbrance upon land in the State, including any person having a lease interest in the real property with an unexpired term of ten or more years. See Hawaii Revised Statutes 195F-2
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.
Lease: means the contractual right to possess and use a specified portion of land for a term of years. See Hawaii Revised Statutes 195H-2
Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Hawaii Revised Statutes 200A-2
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Least restrictive: means the least intrusive and least disruptive intervention into the life of a person with developmental or intellectual disability that represents the least departure from normal patterns of living that can be effective in meeting the person's developmental needs. See Hawaii Revised Statutes 333F-1
Legally authorized representative: means an agent, guardian, or surrogate, as those terms are defined in § 327E-2, or agent designated through a power of attorney for health care, as defined in § 327E-2. See Hawaii Revised Statutes 327K-1
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Lessor: means a person who transfers the right to possession and use of goods under a lease. See Hawaii Revised Statutes 200A-2
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. See Hawaii Revised Statutes 302A-101
Licensee: means an entity licensed under and governed by title 24, including an insurer governed by chapter 431, a mutual benefit society governed by article 1 of chapter 432, a fraternal benefit society governed by article 2 of chapter 432, or a health maintenance organization governed by chapter 432D, and their respective agents and employees engaged in the business of the licensee. See Hawaii Revised Statutes 431:2-401
Lien: A claim against real or personal property in satisfaction of a debt.
Life or accident and health or sickness insurer: means any insurer that is within the definition of § 431:1-204 or 431:1-205 and is licensed under article 3, or a licensed property and casualty insurer writing only accident and health or sickness insurance. See Hawaii Revised Statutes 431:3-401
Limited liability partnership: means a partnership that has filed a statement of qualification under section 425-152 and does not have a similar statement in effect in any other jurisdiction. See Hawaii Revised Statutes 425-101
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Major source: means any stationary source, or any group of stationary sources that are located on one or more contiguous properties, and are under common control, belonging to a single major industrial grouping and that emits or has the potential to emit, considering controls:
(1) Any hazardous air pollutant, except radionuclides, in the aggregate of ten tons per year or more, twenty-five tons per year or more of any combination, or such lesser quantity as the director may establish by rule;
(2) One hundred tons per year or more of any regulated air pollutant, including fugitive emissions of any such regulated air pollutant as the director may establish by rule; and
(3) For radionuclides, "major source" shall have the meaning specified by the director by rule. See Hawaii Revised Statutes 342B-1
Manufacture: means the production, preparation, or repackaging, labeling, or relabeling, of an imitation controlled substance. See Hawaii Revised Statutes 329C-1
Manufacture: means the preparation, propagation, compounding, conversion, or processing of a substance containing cannabis or its principal psychoactive constituent tetrahydrocannabinol, either directly or indirectly, by a person other than a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for the qualifying patient's or qualifying out of state patient's use, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. See Hawaii Revised Statutes 329D-1
Manufactured cannabis product: means :
(1) Any capsule, lozenge, oil or oil extract, tincture, ointment or skin lotion, pill, transdermal patch, or pre-filled and sealed container used to aerosolize and deliver cannabis orally or by inhalation, such as an inhaler , nebulizer, or device that provides safe pulmonary administration, that has been manufactured using cannabis;
(2) Edible cannabis products;
(3) Pre-rolled cannabis flower products; or
(4) Any other products as specified by the department pursuant to section 329D-10(a)(11). See Hawaii Revised Statutes 329D-1
Manufactured hemp product: means a product created by processing, as defined in this chapter, that:
(1) Is either:
(A) Intended to be consumed orally to supplement the human or animal diet in tablet, capsule, powder, softgel, gelcap, or liquid form (e. See Hawaii Revised Statutes 328G-1
Master plan: means the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, and amended by section 200D-3. See Hawaii Revised Statutes 200D-1
mattress: as used in this chapter means any quilted pad, comforter, mattress, mattress-pad, bunk quilt, or cushion, stuffed or filled with wool, hair, or other soft material to be used on a couch or other bed and on which persons sleep or recline; provided that:
(1) The term "mattress" shall not include any items considered "beddings" under the federal Textile Fiber Products Identification Act (15 United States Code § 70 et seq. See Hawaii Revised Statutes 332-1
Mauna Kea lands: means lands under the state lease, as defined in this chapter. See Hawaii Revised Statutes 195H-2
Media: means film, motion pictures, television, interactive, over-the-top television productions, virtual reality, augmented reality and other forms of emerging media, multi-player videogame publishing, and other digitally-developed content for theatrical or digital distribution via streaming, mobile, and broadcast media. See Hawaii Revised Statutes 201-111
Medical review officer: means an individual who has knowledge of substance abuse disorders and toxicology as determined by the department, and is appointed by the third party to receive, review, and interpret the results of laboratory tests requested by the third party. See Hawaii Revised Statutes 329B-2
Medically confirmed: means the medical opinion of the attending provider has been confirmed by a consulting provider who has examined the patient and the patient's relevant medical records. See Hawaii Revised Statutes 327L-1
Members: means the members of the Kaneohe Bay regional council. See Hawaii Revised Statutes 200D-1
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 327G-2
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 327G-2
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 327G-2
Monitor: means to conduct a systematic, coordinated, objective, qualitative review of services provided by any person, agency, or organization. See Hawaii Revised Statutes 333F-1
month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
National primary drinking water regulations: means primary drinking water regulations promulgated by the administrator pursuant to the Federal Act. See Hawaii Revised Statutes 340E-1
Native vegetation: means a diverse vegetation consisting mostly of plants endemic or indigenous to Hawaii. See Hawaii Revised Statutes 195F-2
Natural area reserve: means an area designated as a part of the Hawaii natural area reserves system, pursuant to criteria established by the commission. See Hawaii Revised Statutes 195-2
Negative trend: means , with respect to a life or accident and health or sickness insurer, a negative trend over a period of time, as determined in accordance with the "trend test calculation" included in the risk-based capital instructions. See Hawaii Revised Statutes 431:3-401
Nonaffiliated third party: means any person except:
(1) A licensee's affiliate; or
(2) A person employed jointly by a licensee and any company that is not the licensee's affiliate; provided that for purposes of this paragraph, a nonaffiliated third party includes the other company that jointly employs the person. See Hawaii Revised Statutes 431:3A-102
oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
Oath: A promise to tell the truth.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Open to the public: means enclosed or partially enclosed areas to which the public is invited or permitted and areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities, including but not limited to bars, educational facilities, financial institutions, health care facilities, hotel and motel lobbies, lanais, laundromats, public transportation facilities, including airport areas from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms, but does not include a private residence unless it is used as a child care, adult day care, or health care facility. See Hawaii Revised Statutes 328J-1
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means a person that has legal title to a vessel. See Hawaii Revised Statutes 200A-2
Owner of record: means the owner indicated in the department's files or, if the files indicate more than one owner, the owner indicated first. See Hawaii Revised Statutes 200A-2
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under § 425-109, a predecessor law, or comparable law of another jurisdiction. See Hawaii Revised Statutes 425-101
Party: means each person named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342B-1
Patient: means a person who is under the care of an attending provider. See Hawaii Revised Statutes 327L-1
Pawnbroker: means any person, firm, partnership, corporation, or other entity who advances for interest or for or in expectation of profit, gain, or reward any sum of money upon security of any goods or chattels taken by such person by way of pawn or pledge, and includes any person subject to part V of chapter 445. See Hawaii Revised Statutes 486M-1
Permit: means any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program which is related to the protection, conservation, use of, or interference with the natural resources of land, air, or water in the State, and which is required prior to constructing or operating a project. See Hawaii Revised Statutes 201-61
Permit: means any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program which is related to the protection, conservation, use of, or interference with the natural resources of land, air, or water in the State and which is required prior to or in connection with the undertaking of the project. See Hawaii Revised Statutes 196D-3
Permit: means the certificate issued by the department attesting that the applicant is permitted to operate as a hemp processor. See Hawaii Revised Statutes 328G-1
Permit: means written authorization from the director to construct, modify, relocate, or operate any regulated air pollutant source. See Hawaii Revised Statutes 342B-1
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 327E-2
Person: includes an individual, a partnership, a corporation, or an association, except as otherwise defined in this chapter. See Hawaii Revised Statutes 195H-2
Person: includes any individual, partnership, firm, association, trust, estate, corporation, joint venture, consortium, any public corporation or authority that may be established by the legislature for the purposes of the project, or other legal entity other than an agency. See Hawaii Revised Statutes 196D-3
Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 328G-1
Person: means an individual; corporation; business trust; estate; trust; statutory trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Hawaii Revised Statutes 200A-2
Person: includes any individual or entity. See Hawaii Revised Statutes 425-101
Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 329D-1
Person: means any individual, company, association, organization, group, partnership, business, trust, or corporation; but shall exclude:
(1) Insurers, as defined in § 431:1-202, and other licensees, as defined in this part; and
(2) Licensed attorneys acting in their capacity as attorneys for a claimant other than the licensed attorney. See Hawaii Revised Statutes 431:2-401
Person: means an individual, corporation, company, association, partnership, county, city and county, state, or federal agency. See Hawaii Revised Statutes 340E-1
Person: means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, political subdivision of the State, or, to the extent they are subject to this chapter, the United States or any interstate body. See Hawaii Revised Statutes 342B-1
Personal property: All property that is not real property.
Pharmaceuticals and health care supplies: means any medicine (prescription or nonprescription, excluding all controlled substances listed in chapter 329) or health care supplies such as soap, personal sanitary products, baby formula, dietary supplement, health care aids such as thermometers, surgical gloves, or bandages, or any other item which is customarily fit for human consumption or external use, before the expiration date stamped on the product, if any. See Hawaii Revised Statutes 328C-1
Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 327E-2
Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 327G-2
Physician: means a doctor of medicine or osteopathy licensed to practice medicine pursuant to chapter 453 by the Hawaii medical board. See Hawaii Revised Statutes 327L-1
Place of employment: means an area under the control of a public or private employer that employees normally frequent during the course of employment, including but not limited to auditoriums, cafeterias, classrooms, clubs, common work areas, conference rooms, elevators, employee lounges, hallways, medical facilities, meeting rooms, private offices, restrooms, and stairs. See Hawaii Revised Statutes 328J-1
Plaintiff: The person who files the complaint in a civil lawsuit.
poison: as used in this chapter , includes any chemical or preparation that has properties that are commonly considered poisonous or is capable of affecting the human organism in such a way and to such an extent that its possession, sale, transfer, use, or storage is found by the department to require regulation for public health and safety. See Hawaii Revised Statutes 330-1
Positive test result: means a finding through confirmatory testing of the presence of drugs, alcohol, or the metabolites of drugs in the sample tested in the levels at or above the cutoff levels established by the director. See Hawaii Revised Statutes 329B-2
Potential natural area reserve: means land or water areas within the protective subzone of the conservation district established pursuant to chapter 183C, intact native natural communities identified by the heritage program under chapter 195, and other lands or waters meeting criteria established by the natural area reserves system commission. See Hawaii Revised Statutes 195F-2
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 327G-2
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 327E-2
Prescription: means prescription medication or medications that the qualified patient may self-administer to end the qualified patient's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
Primary drinking water regulation: means a regulation or rule which:
(1) Applies to public water systems;
(2) Specifies contaminants which, in the judgment of the director, may have any adverse effect on the health of persons;
(3) Specifies for each contaminant either:
(A) A maximum contaminant level if, in the judgment of the director, it is economically and technologically feasible to ascertain the level of such contaminant in public water systems; or
(B) If, in the judgment of the director, it is not economically or technologically feasible to ascertain the contaminant level[,] each treatment technique known to the director which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of § 340E-2; and
(4) Contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels, including accepted methods for quality control and testing procedures to insure compliance with such levels and proper operation and maintenance of the system, and requirements as to:
(A) The minimum quality of water which may be taken into the system; and
(B) Siting for new facilities for public water systems. See Hawaii Revised Statutes 340E-1
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 327E-2
Primary physician: means a physician designated by a principal or the principal's agent or guardian to have primary responsibility for the principal's health care, including mental 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 327G-2
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 327G-2
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Processing: means :
(1) Making a transformative change to hemp biomass following harvest by converting it into a crude extract or manufactured hemp product; or
(2) Compounding, blending, extracting, infusing, or otherwise producing a manufactured hemp product by:
(A) Completing the manufacturing process of transforming crude extract into a manufactured hemp product; or
(B) Using a manufactured hemp product as an ingredient in the production of another manufactured hemp product. See Hawaii Revised Statutes 328G-1
produce: means the planting, cultivating, growing, or harvesting of cannabis. See Hawaii Revised Statutes 329D-1
Production: includes the manufacture of medical cannabis products pursuant to this chapter. See Hawaii Revised Statutes 329D-1
production center: means a farm or series of structures located within the same secured perimeter fence-line wholly owned, operated, or subcontracted by a person licensed by the State pursuant to this chapter as a medical cannabis dispensary that produces cannabis and manufactured cannabis products to supply cannabis and manufactured cannabis products to one or more of the retail dispensing locations of any licensed medical cannabis dispensary. See Hawaii Revised Statutes 329D-1
Program: means the forest stewardship program established in § 195F-3. See Hawaii Revised Statutes 195F-2
Program implementation agreement: means a written forest stewardship management contract between the board and program applicant. See Hawaii Revised Statutes 195F-2
Project: means any land or water use activity or any construction or operation which requires permits from one or more state agencies or permits from a state agency and a county or federal agency. See Hawaii Revised Statutes 201-61
Project: means the commercial development, construction, installation, financing, operation, maintenance, repair, and replacement, including without limitation all applicable exploratory, testing, and predevelopment activities related to the foregoing of:
(1) A geothermal power plant or plants, including all associated equipment, facilities, wells, and transmission lines, on the island of Hawaii for the purpose of generating electric energy for transmission primarily to the island of Oahu through the cable system; and
(2) An interisland deep water electrical transmission cable system, including all land-based transmission lines and other ancillary facilities, to transmit geothermally generated electric energy from the island of Hawaii to the island of Oahu, regardless of whether the cable system is used to deliver electric energy to any intervening point. See Hawaii Revised Statutes 196D-3
Project: means any combination of land, buildings, and other improvements thereon, including without limitation parking facilities, for use of, or for, or to assist an industrial enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-151
Project agreement: means any agreement entered into under this part by the department with a project party to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist an industrial enterprise, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-151
Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct an industrial enterprise in this State. See Hawaii Revised Statutes 39A-151
Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See Hawaii Revised Statutes 425-101
Property and casualty insurer: means any insurer that is within the definition of § 431:1-206, 431:1-207, 431:1-208, 431:1-209, 431:1-210, or 431:1-211 and is licensed under article 3, but shall not include monoline mortgage guaranty insurers, financial guaranty insurers, and title insurers. See Hawaii Revised Statutes 431:3-401
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Provider: means the person who is issued the license or certificate of registration, as the case may be, by the department to provide care in an adult foster or developmental disabilities domiciliary home. See Hawaii Revised Statutes 333F-1
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 327K-1
Psychologist: means an individual authorized to practice psychology under chapter 465. See Hawaii Revised Statutes 327G-2
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public schools: means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D. See Hawaii Revised Statutes 302A-101
Public water system: means a system which provides water for human consumption through pipes or other constructed conveyances if the system has at least fifteen service connections or regularly serves at least twenty-five individuals. See Hawaii Revised Statutes 340E-1
Purchase: means to take by sale, lease, mortgage, pledge, consensual lien, security interest, gift, or any other voluntary transaction that creates an interest in a vessel. See Hawaii Revised Statutes 200A-2
Purchaser: means a person that takes by purchase. See Hawaii Revised Statutes 200A-2
Qualified patient: means a capable adult who is a resident of the State and has satisfied the requirements of this chapter in order to obtain a prescription to end the qualified patient's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
Quorum: The number of legislators that must be present to do business.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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 327E-2
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 200A-2
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Regulated air pollutant: means :
(1) Nitrogen oxides or any volatile organic compound;
(2) Any air pollutant for which a national or state ambient air quality standard has been adopted; and
(3) Any air pollutant that is established by rule pursuant to this chapter pertaining to standards of performance for new stationary sources and emissions standards for hazardous air pollutants. See Hawaii Revised Statutes 342B-1
Regulatory action level risk-based capital: means , with respect to any insurer, the product of 1. See Hawaii Revised Statutes 431:3-401
Reliable analytical data: means information approved by the director as indicating the presence of a contaminant in a water sample at or above the limit of detection and developed according to generally recognized standards of good field practices and good laboratory practices for sampling and analysis of contaminants in water. See Hawaii Revised Statutes 340E-21
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Representative: means any individual who can advise and advocate for a person with developmental or intellectual disabilities and who shall serve at the request and pleasure of such person; provided that if the person with developmental or intellectual disabilities is a minor or is legally incapacitated and has not requested a representative, the parent or guardian may request a representative to assist on behalf of the person with developmental or intellectual disabilities. See Hawaii Revised Statutes 333F-1
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
residential: means the living space occupied by the person with a developmental or intellectual disability, including single-person homes, natural family homes, care homes, group homes, foster homes, institutional facilities, and all other types of living arrangements. See Hawaii Revised Statutes 333F-1
Respite care: means a service provided in a least restrictive environment for short term care to meet the needs, ranging from simple to complex, of persons with developmental or intellectual disabilities. See Hawaii Revised Statutes 333F-1
restaurant: includes a bar area within the restaurant and outdoor areas of restaurants. See Hawaii Revised Statutes 328J-1
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retail dispensing location: means an establishment owned, operated, or subcontracted by a medical cannabis dispensary where cannabis and manufactured cannabis are made available for retail sale to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. See Hawaii Revised Statutes 329D-1
Risk assessment: means the risk assessment that each licensee is required to conduct under section 431:3B-202. See Hawaii Revised Statutes 431:3B-101
Risk-based capital instructions: means the risk-based capital report including risk-based capital instructions adopted by the National Association of Insurance Commissioners, as such risk-based capital instructions may be amended by the National Association of Insurance Commissioners from time to time in accordance with the procedures adopted by the National Association of Insurance Commissioners. See Hawaii Revised Statutes 431:3-401
Secondhand dealer: means any person who trades in secondhand or previously owned articles, including the operation of an automated recycling kiosk, and includes any person subject to part VII of chapter 445. See Hawaii Revised Statutes 486M-1
Secured party of record: means the secured party whose name is indicated as the name of the secured party in the department's files or, if the files indicate more than one secured party, the name indicated first. See Hawaii Revised Statutes 200A-2
Security agreement: means an agreement that creates or provides for a security interest. See Hawaii Revised Statutes 200A-2
Security box: means any metal or alloy box, used in a hotel for the safekeeping of any valuables, which may be securely locked with a locking mechanism that meets or exceeds Underwriters Laboratories standards and which shall be secured in a manner which precludes its removal from the room. See Hawaii Revised Statutes 486K-1
Security interest: includes any interest of a consignor in a vessel in a transaction that is subject to article 9 of chapter 490. See Hawaii Revised Statutes 200A-2
Self-administer: means an individual performing an affirmative, conscious, voluntary act to take into the individual's body prescription medication to end the individual's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 200A-2
Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
Service of process: The service of writs or summonses to the appropriate party.
Services: means appropriate assistance provided to a person with a developmental or intellectual disability in the least restrictive, individually appropriate environment to provide for basic living requirements and continuing development of independence or interdependent living skills of the person. See Hawaii Revised Statutes 333F-1
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sign: means , with present intent to authenticate or adopt a record, to:
(1) Make or adopt a tangible symbol; or
(2) Attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 200A-2
Small business: means a for-profit corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legal entity that:
(1) Is domiciled and authorized to do business in Hawaii;
(2) Is independently owned and operated; and
(3) Employs fewer than one hundred full-time or part-time employees in Hawaii. See Hawaii Revised Statutes 201M-1
Small business ombudsman: means the small business ombudsman for air pollution control established pursuant to section 342B-63. See Hawaii Revised Statutes 342B-1
Smoking: includes the use of an electronic smoking device. See Hawaii Revised Statutes 328J-1
Source: means any property, real or personal, which emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
Special facilities: includes buildings, equipment, and materials; transportation; boarding homes; and personnel qualified to work with exceptional children. See Hawaii Revised Statutes 302A-101
Special services: means physiotherapy, or any form of muscle training, speech training, occupational therapy, vocational training, psychological evaluation, or any of them. See Hawaii Revised Statutes 302A-101
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 327E-2
State: means the State of Hawaii. See Hawaii Revised Statutes 431:3B-101
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 327G-2
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 200A-2
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 425-101
State lease: means all leases and easements between the board of land and natural resources and the University of Hawaii pertaining to Mauna Kea that are in effect as of July 1, 2022, including that certain lease by and between the board of land and natural resources and the University of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529. See Hawaii Revised Statutes 195H-2
State of principal use: means the state on whose waters a vessel is or will be used, operated, navigated, or employed more than on the waters of any other state during a calendar year. See Hawaii Revised Statutes 200A-2
Statement: means a registration or annual statement filed under § 425-1, a statement of correction filed under section 425-1. See Hawaii Revised Statutes 425-101
Stationary source: means any piece of equipment or any activity at a building, structure, facility, or installation that emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
Substance abuse on-site screening test: means a portable substance abuse test that meets the requirements of the United States Food and Drug Administration for commercial distributionor is manufactured by a facility that is minimally certified as meeting the ISO 13485 standard established by the International Organization for Standardization and which may be used by an employer in the workplace. See Hawaii Revised Statutes 329B-2
Substance abuse test: means any testing procedure designed to take and analyze body fluids or materials from the body for the purpose of measuring the amount of drugs, alcohol, or the metabolites of drugs in the sample tested. See Hawaii Revised Statutes 329B-2
Summons: Another word for subpoena used by the criminal justice system.
Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
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 327G-2
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 327E-2
Supplier of water: means any person who owns or operates a public water system. See Hawaii Revised Statutes 340E-1
Surplus funds: means the excess of the insurer's assets over its liabilities, including its capital stock as a liability. See Hawaii Revised Statutes 431:4-101
Surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health-care decision or to act as a medicaid authorized representative for the patient. See Hawaii Revised Statutes 327E-2
Synthetic cannabinoid: means a cannabinoid that is:
(1) Produced artificially, whether from chemicals or from recombinant biological agents including but not limited to yeast and algae; and
(2) Not derived from the genus cannabis, including biosynthetic cannabinoids. See Hawaii Revised Statutes 328G-1
Teacher: means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers. See Hawaii Revised Statutes 302A-101
Terminal disease: means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. See Hawaii Revised Statutes 327L-1
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tetrahydrocannabinol: means the cannabinoids that functions as the primary psychoactive component of cannabis. See Hawaii Revised Statutes 328G-1
Third party: means any person, agency, employer or any other entity who requests substance abuse testing of another person or persons. See Hawaii Revised Statutes 329B-2
Third-party service provider: means a person, not otherwise defined as a licensee, that contracts with a licensee to maintain, process, store, or otherwise is permitted access to nonpublic information through its provision of services to the licensee. See Hawaii Revised Statutes 431:3B-101
Title brand: means a designation of previous damage, use, or condition that shall be indicated on a certificate of title. See Hawaii Revised Statutes 200A-2
Tobacco prevention and control: means activities or programs that attempt to reduce tobacco consumption. See Hawaii Revised Statutes 328L-1
Tobacco product: means any product made or derived from tobacco, that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. See Hawaii Revised Statutes 328J-1
Tobacco settlement moneys: refers to moneys received by the State pursuant to the tobacco master settlement agreement. See Hawaii Revised Statutes 328L-1
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See Hawaii Revised Statutes 425-101
Transfer of ownership: means a voluntary or involuntary conveyance of an interest in a vessel. See Hawaii Revised Statutes 200A-2
trend test calculation: include d in the risk-based capital instructions. See Hawaii Revised Statutes 431:3-401
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Valuables: includes money, bank notes, bonds, precious stones, jewelry, ornaments, watches, securities, transportation tickets, photographic cameras, checks, drafts, and other negotiable instruments, business papers, documents, and other papers, and other articles of value. See Hawaii Revised Statutes 486K-1
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Vessel: means any watercraft used or capable of being used as a means of transportation on water, except:
(1) An amphibious vehicle for which a certificate of title is issued pursuant to part III of chapter 286 or a similar statute of another state;
(2) A watercraft less than eight feet in length and propelled solely by sail, paddle, oar, or an engine of less than ten horsepower;
(3) A watercraft that operates only on a permanently fixed, manufactured course and the movement of which is restricted to or guided by means of a mechanical device to which the watercraft is attached or by which the watercraft is controlled;
(4) A stationary floating structure that:
(A) Does not have and is not designed to have a mode of propulsion of its own;
(B) Is dependent for utilities upon a continuous utility hookup to a source originating on shore; and
(C) Has a permanent, continuous hookup to a shoreside sewage system;
(5) A watercraft owned by the United States; a state; a foreign government; or a political subdivision of the United States, a state, or a foreign government; and
(6) A watercraft used solely as a lifeboat on another watercraft. See Hawaii Revised Statutes 200A-2
Vessel number: means the alphanumeric designation for a vessel issued pursuant to title 46 United States Code § 12301, as amended. See Hawaii Revised Statutes 200A-2
Waiting room: means a designated area at the public entrance of a retail dispensing location that may be accessed by a member of the general public who is waiting for, assisting, or accompanying a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient who enters or remains on the premises of a retail dispensing location for the purpose of a transaction conducted pursuant to sections 329D-6 and 329D-13; provided that the storage, display, and retail sale of cannabis and manufactured cannabis products shall be prohibited within the waiting room area. See Hawaii Revised Statutes 329D-1
Wildlife: means any non-domesticated member of the animal kingdom, including game birds and mammals designated by law or rules for hunting, whether reared in captivity or not, and includes any part, product, egg or offspring thereof, except aquatic life as defined in this section. See Hawaii Revised Statutes 197-1
Written certificate of title: means a certificate of title consisting of information inscribed on a tangible medium. See Hawaii Revised Statutes 200A-2

LawServer

Hawaii Revised Statutes > Chapter 101 – Eminent Domain

Terms Used In Hawaii Revised Statutes > Chapter 101 - Eminent Domain

Law Offices of David W. Barlow

941 Law Help