Sections
Part I General Provisions 149A-1 – 149A-4
Part II Pesticide Licensing and Sale 149A-11 – 149A-23
Part IIA Pesticide Reporting and Regulation Program 149A-25 – 149A-29
Part III Pesticide Use 149A-31 – 149A-37
Part IV Violations, Warning Notice, and Penalties 149A-41
Part V Advisory Committee 149A-51
Part VI Miscellaneous Provisions 149A-52 – 149A-53

Terms Used In Hawaii Revised Statutes > Chapter 149A

  • Active ingredient: means :

         (1)  In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;

         (2)  In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

         (3)  In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and

         (4)  In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissues. See Hawaii Revised Statutes 149A-2

  • Adjusted risk-based capital report: means a risk-based capital report which has been adjusted by the commissioner in accordance with section 431:3-402(e). See Hawaii Revised Statutes 431:3-401
  • Adulterated: means any pesticide if its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted. See Hawaii Revised Statutes 149A-2
  • 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
  • Alternative fuel: means methanol, denatured ethanol, and other alcohols; mixtures containing eighty-five per cent or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-derived liquid fuels; biodiesel; mixtures containing twenty per cent or more by volume of biodiesel with diesel or other fuels; fuels (other than alcohol) derived from biological materials; and any other fuel that is substantially not a petroleum product and that the governor determines would yield substantial energy security benefits or substantial environmental benefits. See Hawaii Revised Statutes 243-1
  • Animal: means all vertebrate and invertebrate species, including but not limited to humans and other mammals, birds, fish, and shellfish. See Hawaii Revised Statutes 149A-2
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • Appraisal: A determination of property value.
  • 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.
  • 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.
  • 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.
  • 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

  • Aviation fuel: means all liquid substances of whatever chemical composition usable for the propulsion of airplanes. See Hawaii Revised Statutes 243-1
  • Ballot: includes a ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. See Hawaii Revised Statutes 11-1
  • Bank: means and includes any national banking association and any bank chartered or licensed pursuant to chapter 412. See Hawaii Revised Statutes 241-1
  • Barrel: means forty-two United States gallons of crude oil or petroleum product. See Hawaii Revised Statutes 243-1
  • Benefit society: means a mutual benefit society registered under section 432:1-301 or a fraternal benefit society organized under section 432:2-301. See Hawaii Revised Statutes 431:3-401
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 197-1
  • Board: means board of agriculture. See Hawaii Revised Statutes 149A-2
  • 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
  • Bonds: means bonds, notes, and other instruments of indebtedness. See Hawaii Revised Statutes 47-1
  • Building and loan association: means any corporation that has been authorized to operate as a savings bank or savings and loan association pursuant to chapter 412, and any federal savings and loan association. See Hawaii Revised Statutes 241-1
  • Business day: means any day excluding Saturdays, Sundays, and state or federal holidays. See Hawaii Revised Statutes 11-1
  • calendar month: means each full month of the calendar year; provided that whenever the books of any distributor in any county are kept on such a basis that its monthly records are made up on a basis other than a calendar month so that each business month of the distributor ends on some other day than the last day of the calendar month, and the distributor presents a sworn application to the department of taxation setting forth such facts and requesting that it be granted the privilege of making returns and paying the taxes and performing other duties required of it under this chapter upon the basis of such business month rather than a calendar month, the department shall in writing grant such privilege and thereupon, as to such distributor, the terms "month" or "calendar month" shall be deemed to mean and refer to such business month, and all returns and payments under this chapter shall be made upon the basis of such business month and all delinquencies and penalties shall attach and be calculated as of the last day of such business month. See Hawaii Revised Statutes 243-1
  • Capital: means :

         (1)  The aggregate par value or other amount received and allocated to the issued and outstanding capital stock of a financial institution; or

         (2)  The total amount of a credit union's outstanding and unimpaired membership shares or share accounts. See Hawaii Revised Statutes 412:1-109

  • Capital stock: means the units of interest, whether or not having a par value, common or preferred, legally issued by a financial institution or other corporation, which represents a fractional ownership interest in the institution or corporation. See Hawaii Revised Statutes 412:1-109
  • Certificate: means a certificate of public convenience and necessity issued under this chapter to common carriers by water. See Hawaii Revised Statutes 271G-5
  • Certified pesticide applicator: means any individual who is certified under section 149A-33(1) as authorized to use or supervise the use of any pesticide which is classified for restricted use. See Hawaii Revised Statutes 149A-2
  • Chairperson: means chairperson of the board of agriculture. See Hawaii Revised Statutes 149A-2
  • Chapter: means this Water Carrier Law. See Hawaii Revised Statutes 271G-5
  • Commercial pesticide applicator: means any certified pesticide applicator, whether or not the applicator is a private pesticide applicator with respect to some uses, who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by section 149A-2. See Hawaii Revised Statutes 149A-2
  • Commission: means the animal species advisory commission. See Hawaii Revised Statutes 197-1
  • Commission: means the public utilities commission. See Hawaii Revised Statutes 271G-5
  • Commission: means the natural area reserves system commission. See Hawaii Revised Statutes 195-2
  • Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
  • Committee: means the aquatic life and wildlife advisory committee established in each of the counties of the State. See Hawaii Revised Statutes 197-1
  • common carrier by water: means any person who holds oneself out to the general public as engaging in the transportation by water of passengers or property for compensation within the State or between points within the State. See Hawaii Revised Statutes 271G-5
  • Company: means any corporation, partnership, trust (business or otherwise), association, joint venture, pool syndicate, unincorporated organization, or any form of business entity not specifically listed herein and, unless specifically excluded, a financial institution; provided that "company" does not mean any trust existing on July 1, 1993, which under its terms must terminate within twenty-five years, or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust. See Hawaii Revised Statutes 412:1-109
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • 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
  • County: means the counties of Hawaii, Kauai, and Maui and the city and county of Honolulu. See Hawaii Revised Statutes 47-1
  • Crude oil: means petroleum in an unrefined state or natural state, including condensates and natural gasoline. See Hawaii Revised Statutes 243-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, causing or without causing abscission. See Hawaii Revised Statutes 149A-2
  • Department: means the department of land and natural resources or any successor agency. See Hawaii Revised Statutes 196D-3
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 197-1
  • Department: means department of agriculture. See Hawaii Revised Statutes 149A-2
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 187A-1
  • 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 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
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Depository institution: means a financial institution that is authorized to accept deposits under its chartering or licensing authority and includes a bank, savings bank, savings and loan association, depository financial services loan company, credit union, or intra-Pacific bank. See Hawaii Revised Statutes 412:1-109
  • deposits: means money or its equivalent received or held by a person in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a demand, checking, savings, time, passbook, negotiable order of withdrawal, thrift, or share account, or which is evidenced by its passbook, certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar instrument, or a check, draft, or share draft drawn against a deposit account and certified by a person, on which the person is primarily liable. See Hawaii Revised Statutes 412:1-109
  • Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues. See Hawaii Revised Statutes 149A-2
  • Development company: means a company approved by the federal Small Business Administration to operate under the provisions of Title V of the federal Small Business Investment Act of 1958, Public Law 699, as amended. See Hawaii Revised Statutes 241-1
  • Device: means any instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any form of plant or animal life (other than humans and other than bacteria, viruses, or other microorganisms on or living in humans or other animals); but not including equipment used for application of pesticides when sold separately therefrom. See Hawaii Revised Statutes 149A-2
  • Devise: To gift property by will.
  • Director: means the director of finance of the State. See Hawaii Revised Statutes 243-1
  • Director of finance: means the director of finance of each county. See Hawaii Revised Statutes 47-1
  • 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:
  • Distributor: means :

         (1)  Every person who refines, manufactures, produces, or compounds liquid fuel or fossil fuel in the State and sells or uses the same therein;

         (2)  Every person who imports or causes to be imported into the State any liquid fuel or fossil fuel and sells it therein, whether in the original packages or containers in which it is imported or otherwise than in the original packages or containers, or who imports any liquid fuel or fossil fuel for the person's own use in the State;

         (3)  Every person who acquires liquid fuel or fossil fuel  from a person not a licensed distributor and sells or uses it, whether in the original package or container in which it was imported (if imported) or otherwise than in the original package or container; and

         (4)  Every person who acquires liquid fuel or fossil fuel from a licensed distributor as a wholesaler thereof and sells or uses it. See Hawaii Revised Statutes 243-1

  • Docket: A log containing brief entries of court proceedings.
  • Domestic insurer: includes an insurer, a benefit society or a health maintenance organization. See Hawaii Revised Statutes 431:3-401
  • End user: means any person or government entity who acquires petroleum products for their own use and not for resale. See Hawaii Revised Statutes 243-1
  • Enforcement officer: means any person employed and authorized by the commission to investigate any matter on behalf of the commission. See Hawaii Revised Statutes 271G-5
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Environment: includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these. See Hawaii Revised Statutes 149A-2
  • 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: means the United States Environmental Protection Agency. See Hawaii Revised Statutes 149A-2
  • Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal financial institution: means a national banking association, federal savings bank, federal savings and loan association or federal credit union. See Hawaii Revised Statutes 412:1-109
  • Federal Home Loan Bank: means a federal home loan bank created and organized under the authority of the Federal Home Loan Bank Act. See Hawaii Revised Statutes 412:1-109
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. See Hawaii Revised Statutes 149A-2
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Financial corporation: means :

         (1)  Any corporation, domestic or foreign, other than a bank or building and loan association, that is a financial corporation within the meaning of section 5219 of the Revised Statutes of the United States, as amended (12 U. See Hawaii Revised Statutes 241-1

  • Financial holding company: means any corporation registered under the Federal Bank Holding Company Act of 1956, as amended, or registered as a savings and loan holding company under the Home Owners' Loan Act of 1933, as amended. See Hawaii Revised Statutes 241-1
  • Financial institution: means a Hawaii financial institution, and unless the context indicates otherwise, a federal financial institution or foreign financial institution. See Hawaii Revised Statutes 412:1-109
  • Financial services loan company: means any company which has been authorized to engage in the business of a financial services loan company pursuant to chapter 412. See Hawaii Revised Statutes 241-1
  • Fraud: Intentional deception resulting in injury to another.
  • fuel: means all liquids ordinarily, practically, and commercially usable in internal combustion engines for the generation of power and includes liquefied petroleum gases, all distillates of and condensates from petroleum, natural gas, coal, coal tar, and vegetable ferments, such distillates and condensates being ordinarily designated as a gasoline, naphtha, benzol, benzine, and alcohols so usable but not restricted to such designation. See Hawaii Revised Statutes 243-1
  • Fund: means the forest stewardship fund as established by section 195F-4. See Hawaii Revised Statutes 195F-2
  • General excise tax law: means chapter 237, as amended from time to time. See Hawaii Revised Statutes 238-1
  • Governing body: means the council of each county, or any other body exercising the legislative powers of the county. See Hawaii Revised Statutes 47-1
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • 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
  • Health maintenance organization: means a health maintenance organization authorized under section 432D-2. See Hawaii Revised Statutes 431:3-401
  • 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
  • Imminent hazard: means a situation which exists when the continued use of a pesticide during the time required for a cancellation proceeding would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior under the Endangered Species Act. See Hawaii Revised Statutes 149A-2
  • Income year: means that year, either the calendar year or fiscal year, the income of which is the measure of the tax for the franchise tax year involved. See Hawaii Revised Statutes 241-1
  • 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
  • Ingredient statement: means :

         (1)  A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide; and

         (2)  In case the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic. See Hawaii Revised Statutes 149A-2

  • Insect: means invertebrate animals belonging to the class insecta, including beetles, bugs, bees, flies, and other allied classes of arthropods, including spiders, mites, ticks, centipedes, and wood lice. See Hawaii Revised Statutes 149A-2
  • Integrated pest management: means a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks. See Hawaii Revised Statutes 149A-2
  • Interagency group: means the body established pursuant to section 196D-6. See Hawaii Revised Statutes 196D-3
  • Interbank broker: means a person, who for a fee, brokerage, or other compensation, either directly or indirectly, provides brokerage services as an intermediary or agent in transactions between financial institutions where one financial institution:

         (1)  Supplies funds to another financial institution by making a loan, placing funds in a deposit account, or otherwise extending credit to the other institution;

         (2)  Buys, sells, trades, or swaps currency, commercial paper, banker's acceptances, negotiable certificates of deposit, treasury bills, notes, or bonds with another financial institution; or

         (3)  Enters into interest rate swaps, forward rate agreements, or interest rate futures contracts with another financial institution. See Hawaii Revised Statutes 241-1

  • 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
  • Label: means the written, printed, or graphic matter on or attached to the pesticide or device or any of its containers or wrappers. See Hawaii Revised Statutes 149A-2
  • Labeling: means all labels and other written, printed, or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the EPA, the United States Departments of Agriculture and the Interior, the United States Department of Health and Human Services, state experiment stations, state agriculture colleges, or other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides. See Hawaii Revised Statutes 149A-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
  • Landowner: means any person or entity having the fee simple interest in land in the State. See Hawaii Revised Statutes 195-2
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • License: means the process of being allowed to register a pesticide product pursuant to provisions of this chapter. See Hawaii Revised Statutes 149A-2
  • Licensee: means a person who has been licensed to register a product pursuant to provisions of this chapter. See Hawaii Revised Statutes 149A-2
  • Life or accident and health or sickness insurer: means any insurer that is within the definition of section 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
  • Loans and extensions of credit: includes a contractual commitment to advance funds. See Hawaii Revised Statutes 412:1-109
  • Marine life: means any type or species of saltwater fish, shellfish, mollusks, crustaceans, coral, or other marine animals, including any part, product, egg, or offspring thereof; or seaweeds or other marine plants, including any part, product, seed, or root thereof. See Hawaii Revised Statutes 187A-1
  • Misbranded: includes any of the following:

         (1)  The labeling of the pesticide or device bears any statement, design, or graphic representation relative thereto or to its ingredients or functions which is false or misleading in any particular;

         (2)  The pesticide is contained in a package or other container or wrapping which does not conform to the standards established by federal law;

         (3)  The pesticide is an imitation or is offered for sale under the name of another pesticide;

         (4)  The label does not bear the federal registration number assigned to each establishment in which it was produced;

         (5)  Any word, statement, or other information required by or under authority of the federal law to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in terms to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

         (6)  The labeling accompanying the pesticide does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under FIFRA are adequate to protect health and the environment;

         (7)  The label does not contain a warning or caution statement which may be necessary and if complied with, together with any requirements imposed under federal law, is adequate to protect health and the environment;

         (8)  The label does not bear an ingredient statement on that part of the immediate container (and on the outside container or wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or displayed under customary conditions of purchase, except that a pesticide is not misbranded under this section if:

              (A)  The size or form of the immediate container, or the outside container or wrapper of the retail package, makes it impracticable to place the ingredient statement on the part which is presented or displayed under customary conditions of purchase; and

              (B)  The ingredient statement appears prominently on another part of the immediate container, or outside container or wrapper, permitted by the department;

         (9)  The labeling does not contain a statement of the use classification under which the product is registered;

        (10)  There is not affixed to its container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing:

              (A)  The name and address of the producer, registrant, or person for whom produced;

              (B)  The name, brand, or trademark under which the pesticide is sold;

              (C)  The net weight or measure of the content; provided that the EPA Administrator may permit reasonable variations; and

              (D)  When required by federal regulations to effectuate the purposes of this law, the registration number assigned to the pesticide under federal law and the use classification; and

        (11)  The pesticide contains any substance or substances in quantities highly toxic to humans, unless the label shall bear, in addition to any other matter required by this law:

              (A)  The skull and crossbones;

              (B)  The word "poison" prominently in red on a background of distinctly contrasting color; and

              (C)  A statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide. See Hawaii Revised Statutes 149A-2

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • 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
  • Nematode: means invertebrate animals of the phylum nemathelminthes and the class nematoda, including unsegmented round worms with elongated fusiform or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts. See Hawaii Revised Statutes 149A-2
  • Normal school hours: means Monday through Friday from 7:00 a. See Hawaii Revised Statutes 149A-25
  • Obligation: means any bond, debt, debenture, loan, note or similar undertaking. See Hawaii Revised Statutes 412:1-109
  • 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
  • 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 any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not. See Hawaii Revised Statutes 149A-2
  • Person: means a natural person, entity or organization, including without limitation an individual, corporation, joint venture, partnership, sole proprietorship, association, cooperative, estate, trust, or governmental unit. See Hawaii Revised Statutes 412:1-109
  • Personal property: All property that is not real property.
  • persons: means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof. See Hawaii Revised Statutes 271G-5
  • Pest: means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacterium, or any other microorganism, except viruses, bacterium, or any other microorganisms on or in living humans or other living animals, which the Administrator of the United States Environmental Protection Agency determines to be a pest pursuant to the [Federal Insecticide, Fungicide, and Rodenticide Act]. See Hawaii Revised Statutes 149A-2
  • Pest control operator: means a commercial pesticide applicator, who is required to possess a valid license for pest control under chapter 460J. See Hawaii Revised Statutes 149A-2
  • Pesticide: means :

         (1)  Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

         (2)  Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. See Hawaii Revised Statutes 149A-2

  • Petroleum product: means any liquid hydrocarbon at standard temperature and pressure that is the product of the fractionalization, distillation, or other refining or processing of crude oil. See Hawaii Revised Statutes 243-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plant regulator: means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or maturation or for otherwise altering the behavior of plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. See Hawaii Revised Statutes 149A-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-generating facility: means any electricity-generating facility that requires a permit issued under the federal Clean Air Act (42 U. See Hawaii Revised Statutes 243-1
  • Private pesticide applicator: means a certified pesticide applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator's employer if applied without compensation other than trading of personal services between producers of agricultural commodities on the property of another person. See Hawaii Revised Statutes 149A-2
  • Produce: means to manufacture, prepare, compound, propagate, or process any pesticide or device. See Hawaii Revised Statutes 149A-2
  • Producer: means any person who manufactures, prepares, compounds, propagates, or processes any pesticide or device. See Hawaii Revised Statutes 149A-2
  • Program: means the forest stewardship program established in section 195F-3. See Hawaii Revised Statutes 195F-2
  • 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

  • Property: means tangible personal property, intangible property, and prepaid telephone calling services but does not include:

         (1)  Newspapers or other periodical publications purchased on the subscription plan, issued at stated intervals as frequently as four times a year, and of the class admitted to the United States mails as second class matter under the laws and regulations governing the postal service on January 1, 1965;

         (2)  Securities as defined in title 15 United States Code section 78c or similar laws of jurisdictions outside the United States;

         (3)  Commodities for future delivery and other agreements, options, and rights as defined in title 7 United States Code section 2 that are permitted to be traded on a board of trade designated by the Commodities Futures Trading Commission under the Commodity Exchange Act;

         (4)  Evidence of indebtedness;

         (5)  Interest in land; or

         (6)  Dividends as defined by chapter 235. See Hawaii Revised Statutes 238-1

  • Property and casualty insurer: means any insurer that is within the definition of section 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
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchaser: means any person purchasing property, services, or contracting and "importer" means any person importing property, services, or contracting, regardless if at the time of importation, the property, services, or contracting is owned by the importer, purchased from an unlicensed seller, or however acquired; provided that the terms "purchaser" and "importer" shall not include the State, its political subdivisions, or wholly owned agencies or instrumentalities of the State or a political subdivision; or the United States, its wholly owned agencies or instrumentalities, or any person immune from the tax imposed by this chapter under the Constitution and laws of the United States but the terms shall include national banks. See Hawaii Revised Statutes 238-1
  • Quorum: The number of legislators that must be present to do business.
  • Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise. See Hawaii Revised Statutes 271G-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registrant: means the person registering or licensing any pesticide pursuant to this chapter. See Hawaii Revised Statutes 149A-2
  • Regulatory action level risk-based capital: means , with respect to any insurer, the product of 1. See Hawaii Revised Statutes 431:3-401
  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted use pesticide: means :

         (1)  A pesticide or pesticide use classified by the Administrator, EPA, for use by certified applicators or competent persons under their direct supervision and so designated on its label; or

         (2)  A pesticide or pesticide use classified by the board for use by certified applicators or competent persons under their direct supervision. See Hawaii Revised Statutes 149A-2

  • Retail dealer: means a person who purchases liquid fuel from a licensed distributor and sells the liquid fuel at retail. See Hawaii Revised Statutes 243-1
  • 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
  • Risk-based capital plan: means a comprehensive financial plan containing the elements specified in section 431:3-403(b). See Hawaii Revised Statutes 431:3-401
  • Risk-based capital report: means the report required in section 431:3-402. See Hawaii Revised Statutes 431:3-401
  • School: means any public or private preschool, kindergarten, elementary, intermediate, middle, secondary, or high school. See Hawaii Revised Statutes 149A-25
  • Seller: means any person engaged in the business of selling property, services, or contracting, wheresoever engaged, but does not include the United States or its wholly owned agencies or instrumentalities other than national banks, the State or a political subdivision thereof, or wholly owned agencies or instrumentalities of the State or a political subdivision. See Hawaii Revised Statutes 238-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Small business investment company: means a company approved by the federal Small Business Administration to operate under the provisions of the federal Small Business Investment Act of 1958 (72 U. See Hawaii Revised Statutes 241-1
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary: means any corporation doing business in Hawaii engaged in activities set forth in Title 12 of the Code of Federal Regulations, sections 225. See Hawaii Revised Statutes 241-1
  • surplus: includes retained earnings, whether or not transferred or allocated to surplus. See Hawaii Revised Statutes 412:1-109
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109
  • Total adjusted capital: means the sum of:

         (1)  An insurer's statutory capital and surplus, or net worth, as determined in accordance with the statutory accounting applicable to the annual financial statements or reports required to be filed under section 431:3-301, 432:1-404, 432:2-602, or 432D-5; and

         (2)  Any other items that the risk-based capital instructions may provide. See Hawaii Revised Statutes 431:3-401

  • Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 271G-5
  • Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, and delivery, carriage, preservation, and all incidental services affecting these activities. See Hawaii Revised Statutes 271G-5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust company: means a corporation or joint stock company authorized to conduct business as a trust company under article 8 of chapter 412. See Hawaii Revised Statutes 241-1
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Under the direct supervision of a certified applicator: means , unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though the certified applicator is not physically present at the time and place the pesticide is applied. See Hawaii Revised Statutes 149A-2
  • Unreasonable adverse effects on the environment: means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of the pesticide. See Hawaii Revised Statutes 149A-2
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Value: means fair and reasonable cash value at the time of accrual of the tax. See Hawaii Revised Statutes 238-1
  • Weed: means any plant which grows where not wanted. See Hawaii Revised Statutes 149A-2
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.