Sections
Part I General Provisions 149A-1 – 149A-4
Part II Pesticide Licensing and Sale 149A-11 – 149A-23
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

  • 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 412:9-402
  • 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 431:3A-102
  • Agency: means any state or county department, commission, board, bureau, office, or other establishment of the state or county government or semi-autonomous part thereof. See Hawaii Revised Statutes 431:3-107
  • Animal: means all vertebrate and invertebrate species, including but not limited to humans and other mammals, birds, fish, and shellfish. See Hawaii Revised Statutes 412:9-402
  • 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 431:3A-102
  • Approval: means a discretionary consent required from an agency prior to the actual implementation of the project. See Hawaii Revised Statutes 431:3A-102
  • 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 431:3A-403
  • 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

  • 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 431:3-304
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 431:3-407
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 431:3A-403
  • Board: means board of agriculture. See Hawaii Revised Statutes 412:9-402
  • Bonds: means bonds, notes, and other instruments of indebtedness. See Hawaii Revised Statutes 47-1
  • 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
  • Center: means the one call center. See Hawaii Revised Statutes 431:3-107
  • Certificate: means a certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle. See Hawaii Revised Statutes 431:3-214
  • Certificate: means a certificate of public convenience and necessity issued under this chapter to common carriers by water. See Hawaii Revised Statutes 431:3A-303
  • 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 412:9-402
  • Chairperson: means chairperson of the board of agriculture. See Hawaii Revised Statutes 412:9-402
  • Chapter: means the Motor Carrier Law. See Hawaii Revised Statutes 431:3-214
  • Chapter: means this Water Carrier Law. See Hawaii Revised Statutes 431:3A-303
  • Circuit court: means the court established in each of the judicial circuits of this State pursuant to chapter 603 and which has jurisdiction under section 412:1-108 over a matter. See Hawaii Revised Statutes 412:1-109
  • Commission: means the natural area reserves system commission. See Hawaii Revised Statutes 431:3-304
  • Commission: means the animal species advisory commission. See Hawaii Revised Statutes 431:3A-403
  • Commission: means the public utilities commission. See Hawaii Revised Statutes 431:3-107
  • Commission: means the public utilities commission. See Hawaii Revised Statutes 431:3-214
  • Commission: means the public utilities commission. See Hawaii Revised Statutes 431:3A-303
  • Commissioner: means the insurance commissioner of the State. See Hawaii Revised Statutes 431:3A-102
  • 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 431:3A-403
  • Committee: means the one call center advisory committee. See Hawaii Revised Statutes 431:3-107
  • Common carrier by motor vehicle: means any person which holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property or any class or classes thereof for compensation. See Hawaii Revised Statutes 431:3-214
  • 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 431:3A-303
  • 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
  • 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 431:3A-403
  • Contract carrier by motor vehicle: means any person which engages in transportation by motor vehicle of passengers or property for compensation (other than transportation referred to in paragraph (11)) under continuing contracts with one person or a limited number of persons either (A) for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served, or (B) for the furnishing of transportation services designed to meet the distinct need of each individual customer. See Hawaii Revised Statutes 431:3-214
  • Control: means , unless the context clearly requires otherwise, directly or indirectly, solely or through another person or transaction, or in concert with another:

         (1)  Owning or having the power to vote twenty-five per cent or more of any class of voting securities;

         (2)  Owning or having the power to exercise twenty-five per cent or more of the votes of a mutual association, credit union, or other entity whose voting rights are not determined by voting securities;

         (3)  Owning or having the power to vote ten per cent or more of any class of voting securities if:  (A) the issuer of that class of securities has issued any class of securities under section 12 of the Securities Exchange Act of 1934, as amended; or (B) immediately after the acquisition, no other person will own a greater percentage of that class of voting securities;

         (4)  Having the power to elect by any means a majority of the directors; or

         (5)  Having the power to exercise a dominant influence over management, if so determined by the commissioner after notice and a hearing. See Hawaii Revised Statutes 412:1-109

  • 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 431:3-218
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 54-17
  • County: means the counties of Hawaii, Kauai, and Maui and the city and county of Honolulu. See Hawaii Revised Statutes 47-1
  • Customer: means a consumer who has a customer relationship with a licensee. See Hawaii Revised Statutes 431:3A-102
  • Customer relationship: means a continuing relationship between a consumer and a licensee under which the licensee provides one or more insurance products or services to the consumer that are to be used primarily for personal, family, or household purposes. See Hawaii Revised Statutes 431:3A-102
  • Damage: means :

         (1)  The substantial weakening of the structural or lateral support of a subsurface installation;

         (2)  The penetration or destruction of any protective coating, housing, or other protective device of a subsurface installation; or

         (3)  The partial or complete severance of a subsurface installation. See Hawaii Revised Statutes 431:3-107

  • Department: means the department of taxation. See Hawaii Revised Statutes 412:9-402
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 431:3-206
  • Department: means any entity that is a member of the [invasive species council] established under section [194-2(a)]. See Hawaii Revised Statutes 431:3-218
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 431:3-304
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 187A-1
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 431:3-407
  • Department: means the department of land and natural resources or any successor agency. See Hawaii Revised Statutes 431:3A-102
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 431:3A-403
  • Department: means department of agriculture. See Hawaii Revised Statutes 412:9-402
  • Department: means the department of education. See Hawaii Revised Statutes 302A-101
  • 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
  • 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 412:9-402
  • Director: means the director of taxation. See Hawaii Revised Statutes 412:9-402
  • Director: means any member of the board of directors of a financial institution, whether or not receiving compensation. See Hawaii Revised Statutes 412:1-109
  • Director of finance: means the director of finance of each county. See Hawaii Revised Statutes 47-1
  • Division: means the division of financial institutions of the department of commerce and consumer affairs of this State. See Hawaii Revised Statutes 412:1-109
  • Domestic insurer: includes an insurer, a benefit society or a health maintenance organization. See Hawaii Revised Statutes 431:3-401
  • Emergency: means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. See Hawaii Revised Statutes 431:3-107
  • Enforcement officer: means any person employed and authorized by the commission to investigate any matter on behalf of the commission. See Hawaii Revised Statutes 431:3-214
  • Enforcement officer: means any person employed and authorized by the commission to investigate any matter on behalf of the commission. See Hawaii Revised Statutes 431:3A-303
  • 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 412:9-402
  • 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 431:3A-102
  • EPA: means the United States Environmental Protection Agency. See Hawaii Revised Statutes 412:9-402
  • Excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives, including but not limited to the following:  grading, trenching, digging, ditching, boring, drilling, auguring, tunneling, scraping cable or pipe plowing and driving, demolition, and dredging. See Hawaii Revised Statutes 431:3-107
  • Excavator: means any person, including an operator, who performs any excavation, other than an operator whose employees are performing maintenance work on the operator's subsurface installation. See Hawaii Revised Statutes 431:3-107
  • Fair market rental value: means an amount equal to one-half of the gross daily maintenance fees that are paid by the owner and are attributable to the time share unit located in Hawaii. See Hawaii Revised Statutes 412:9-402
  • 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 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 Bank: means a federal reserve bank created and organized under the authority of the Federal Reserve Act. See Hawaii Revised Statutes 412:1-109
  • FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. See Hawaii Revised Statutes 412:9-402
  • Financial institution: means any institution in the business of engaging in activities that are financial in nature or incidental to financial activities as described in the Bank Holding Company Act of 1956, Title 12 United States Code section 1843(k), as amended. See Hawaii Revised Statutes 431:3A-102
  • 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 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
  • Fund: means the forest stewardship fund as established by section 195F-4. See Hawaii Revised Statutes 431:3-407
  • General excise tax law: means chapter 237, as amended from time to time. See Hawaii Revised Statutes 412:10-111
  • 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
  • gross rental proceeds: means the gross receipts, cash or accrued, of the taxpayer received as compensation for the furnishing of transient accommodations and the value proceeding or accruing from the furnishing of such accommodations without any deductions on account of the cost of property or services sold, the cost of materials used, labor cost, taxes, royalties, interest, discounts, or any other expenses whatsoever. See Hawaii Revised Statutes 412:9-402
  • 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 431:3A-403
  • 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 431:3-304
  • Highway: means the public roads, highways, streets, and ways in this State. See Hawaii Revised Statutes 431:3-214
  • immediate family: means the spouse of an individual, the individual's minor children, and any of the individual's children (including adults) residing in the individual's home. See Hawaii Revised Statutes 412:1-109
  • 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 412:9-402
  • 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 431:3A-403
  • 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 412:9-402

  • Inquiry identification number: means the number issued by the center to every excavator who contacts the center for the purpose of excavating. See Hawaii Revised Statutes 431:3-107
  • Insurance product or service: includes a licensee s evaluation, brokerage, or distribution of information that the licensee collects in connection with a request or an application from a consumer for an insurance product or service. See Hawaii Revised Statutes 431:3A-102
  • 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 412:9-402
  • Interagency group: means the body established pursuant to section 196D-6. See Hawaii Revised Statutes 431:3A-102
  • Introduction: means an act of establishing aquatic life or wildlife into a habitat to which it is not indigenous. See Hawaii Revised Statutes 431:3A-403
  • 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 412:9-402
  • 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 412:9-402
  • Landowner: means any person or entity having the fee simple interest in land in the State. See Hawaii Revised Statutes 431:3-304
  • 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 431:3-407
  • License: means the process of being allowed to register a pesticide product pursuant to provisions of this chapter. See Hawaii Revised Statutes 412:9-402
  • Licensee: includes an unauthorized insurer that accepts business placed through a licensed surplus lines broker in this State, but only in regard to the surplus lines placements under article 8, chapter 431. See Hawaii Revised Statutes 431:3A-102
  • Licensee: means a person who has been licensed to register a product pursuant to provisions of this chapter. See Hawaii Revised Statutes 412:9-402
  • 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
  • Local contact: means an individual residing on the same island as the transient accommodation or resort time share vacation unit or an entity with a place of business and at least one employee, officer, partner, member, or other person working on behalf of the company who is residing on the same island as the transient accommodation or resort time share vacation unit. See Hawaii Revised Statutes 412:9-402
  • Management area: means the West Hawaii regional fishery management area established in section 188F-2. See Hawaii Revised Statutes 431:3-206
  • 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 412:9-402

  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 54-15
  • Motor carrier: includes both a common carrier by motor vehicle and a contract carrier by motor vehicle. See Hawaii Revised Statutes 431:3-214
  • Motor vehicle: means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the commission, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. See Hawaii Revised Statutes 431:3-214
  • Native vegetation: means a diverse vegetation consisting mostly of plants endemic or indigenous to Hawaii. See Hawaii Revised Statutes 431:3-407
  • 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 431:3-304
  • 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: includes any company that is an affiliate solely by virtue of the direct or indirect ownership or control of the company by the licensee or its affiliate in conducting merchant banking or investment banking activities of the type described in section 4(k)(4)(H) of the federal Bank Holding Company Act, Title 12 United States Code section 1843(k)(4)(H), as amended, or insurance company investment activities of the type described in the federal Bank Holding Company Act, Title 12 United States Code section 1843(k)(4)(H) and (I). See Hawaii Revised Statutes 431:3A-102
  • Nonpublic personal financial information: means :

         (1)  Personally identifiable financial information; and

         (2)  Any list, description, or other grouping of consumers and publicly available information pertaining to them, that is derived using any personally identifiable financial information that is not publicly available. See Hawaii Revised Statutes 431:3A-102

  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 54-16
  • Occupant: means an owner of a resort time share vacation plan or other person occupying the resort time share vacation unit. See Hawaii Revised Statutes 412:9-402
  • One call center: means a private provider selected by the commission pursuant to section 269E-5 that provides advance warning to excavators of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage. See Hawaii Revised Statutes 431:3-107
  • Operator: means any person operating a transient accommodation, whether as owner or proprietor or as lessee, sublessee, mortgagee in possession, licensee, or otherwise, or engaging or continuing in any service business which involves the actual furnishing of transient accommodation. See Hawaii Revised Statutes 412:9-402
  • Operator: means any person who owns, operates, or maintains a subsurface installation. See Hawaii Revised Statutes 431:3-107
  • Opt out: means a direction by a consumer that a licensee not disclose nonpublic financial information about that consumer to a nonaffiliated third party, other than as permitted by part IV of this article. See Hawaii Revised Statutes 431:3A-102
  • Overhead: means continuous or general costs occurring in the normal course of a business, including but not limited to costs for labor, rent, taxes, royalties, interest, discounts paid, insurance, lighting, heating, cooling, accounting, legal fees, equipment and facilities, telephone systems, depreciation, and amortization. See Hawaii Revised Statutes 412:10-111
  • Owner: means any person who owns a resort time share vacation interest; provided that to the extent and for those purposes provided in an agreement of sale, the vendee under the agreement of sale shall be considered the owner of the resort time share vacation interest. See Hawaii Revised Statutes 412:9-402
  • Paid-in capital: means the amount of capital actually received by the financial institution for its capital stock, membership shares or share accounts, as the case may be. 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 431:3A-102
  • Permit: means a permit issued under this chapter to contract carriers by motor vehicle. See Hawaii Revised Statutes 431:3-214
  • 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 431:3A-102
  • Person: means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not. See Hawaii Revised Statutes 412:9-402
  • Person: means any individual, firm, joint venture, partnership, corporation, association, agency, cooperative or joint stock association, contractor, subcontractor, operator, or other entity. See Hawaii Revised Statutes 431:3-107
  • 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
  • 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 431:3-214
  • 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 431:3A-303
  • 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 412:9-402
  • 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 412:9-402
  • 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 412:9-402

  • Plan: means the West Hawaii regional fishery management area plan established in section 188F-4. See Hawaii Revised Statutes 431:3-206
  • Plan manager: means a person who undertakes the duties, responsibilities, and obligations of managing a resort time share vacation plan or is required to act for a resort time share vacation plan under this chapter. See Hawaii Revised Statutes 412:9-402
  • 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 431:3-407
  • Price: means the total amount for which tangible personal property, services, or contracting are purchased, valued in money, whether paid in money or otherwise, and wheresoever paid; provided that cash discounts allowed and taken on sales shall not be included. See Hawaii Revised Statutes 412:10-111
  • Producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See Hawaii Revised Statutes 431:3A-102
  • Program: means the forest stewardship program established in section 195F-3. See Hawaii Revised Statutes 431:3-407
  • 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 431:3A-102

  • Property: means tangible personal property and prepaid telephone calling services but does not include 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. See Hawaii Revised Statutes 412:10-111
  • 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 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
  • 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 412:10-111
  • Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise. See Hawaii Revised Statutes 431:3-214
  • Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise. See Hawaii Revised Statutes 431:3A-303
  • Registrant: means the person registering or licensing any pesticide pursuant to this chapter. See Hawaii Revised Statutes 412:9-402
  • Regulatory action level risk-based capital: means , with respect to any insurer, the product of 1. See Hawaii Revised Statutes 431:3-401
  • Representation: refers to any or all of the following:

         (1)  A seller being present in the State;

         (2)  A seller having in the State a salesperson, commission agent, manufacturer's representative, broker, or other person who is authorized or employed by the seller to assist the seller in selling property, services, or contracting for use or consumption in the State, by procuring orders for the sales, making collections or deliveries, or otherwise; and

         (3)  A seller having in the State a person upon whom process directed to the seller from the courts of the State may be served, including the director of commerce and consumer affairs and the deputy director in the cases provided in section 414-64. See Hawaii Revised Statutes 412:10-111

  • Resort time share vacation interest: means any interest in a resort time share vacation unit or plan which entitles the owner thereof to the use, occupancy, or possession of a resort time share vacation unit on a periodically recurring basis. See Hawaii Revised Statutes 412:9-402
  • Resort time share vacation plan: means any plan or program subject to chapter 514E in which the use, occupancy, or possession of one or more resort time share vacation units circulates among various persons for less than a sixty-day period in any year, for any occupant. See Hawaii Revised Statutes 412:9-402
  • Resort time share vacation unit: means the actual and promised accommodations, and related facilities, which are the subject of a resort time share vacation plan. See Hawaii Revised Statutes 412:9-402
  • 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 412:9-402

  • Retained earnings: means the net income of a financial institution earned since its inception which has not been distributed to its shareholders or transferred or allocated to capital stock or surplus or, as the case may be, the accumulated deficits of the financial institution. See Hawaii Revised Statutes 412:1-109
  • 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
  • sale: means any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means, wheresoever consummated, of tangible personal property, services, or contracting for a consideration. See Hawaii Revised Statutes 412:10-111
  • Seller: means any person engaged in the business of selling tangible personal 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 412:10-111
  • Service business or calling: includes all activities engaged in for other persons for a consideration that involve the rendering of a service as distinguished from the sale of tangible personal property or the production and sale of tangible property. See Hawaii Revised Statutes 412:10-111
  • Subsurface installation: means any pipeline, conduit, cable, duct, wire, sewer line, storm drain, vault, or other structure that is located underground. See Hawaii Revised Statutes 431:3-107
  • surplus: includes retained earnings, whether or not transferred or allocated to surplus. See Hawaii Revised Statutes 412:1-109
  • Taxpayer: means any person liable for any tax hereunder. See Hawaii Revised Statutes 412:5A-200
  • this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109
  • to fish: means catching, taking, or harvesting, or attempting to catch, take, or harvest, aquatic life. See Hawaii Revised Statutes 187A-1
  • 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 431:3-214
  • 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 431:3A-303
  • Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, carriage, ventilation, refrigeration, icing, dunnage, storage in transit, handling, and its consolidation for the purposes of forwarding within the State. See Hawaii Revised Statutes 431:3-214
  • 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 431:3A-303
  • trend test calculation: include d in the risk-based capital instructions. See Hawaii Revised Statutes 431:3-401
  • Unlicensed seller: means any seller who, with respect to the particular sale, is not subject to the tax imposed by chapter 237, whether or not the seller holds a license under that chapter, but does not include any seller with respect to any sale which is expressly exempted from the tax imposed by chapter 237. See Hawaii Revised Statutes 412:10-111
  • 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 412:9-402
  • Value: means fair and reasonable cash value at the time of accrual of the tax. See Hawaii Revised Statutes 412:10-111
  • 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 431:3A-403