Terms Used In Hawaii Revised Statutes > Chapter 161 > Part IV - Inspection, Labeling, Sanitation, and Exemptions

• Active candidate status: means documentation of eligibility to take the American Board of Genetic Counseling or its equivalent certification examinations. See Hawaii Revised Statutes 451K-1
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorizer: means an entity established under this chapter with chartering authority to review charter applications, decide whether to approve or deny charter applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to authorize, renew, deny renewal of, or revoke charter contracts. See Hawaii Revised Statutes 302D-1
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the board of education. See Hawaii Revised Statutes 302D-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

• charter: means a fixed-term, bilateral, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See Hawaii Revised Statutes 302D-1
• Charter application: means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status. See Hawaii Revised Statutes 302D-1
• Commission: means the state public charter school commission established pursuant to [section] 302D-3 as a statewide authorizer. See Hawaii Revised Statutes 302D-1
• Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
• 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
• Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
• Contract: A legal written agreement that becomes binding when signed.
• Conversion charter school: means :

  (1) Any existing department school that converts to a charter school and is managed and operated in accordance with section 302D-13; or

  (2) Any existing department school that converts to a charter school and is managed and operated by a nonprofit organization in accordance with section 302D-13. See Hawaii Revised Statutes 302D-1

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of health. See Hawaii Revised Statutes 451K-1
• Department: means the department of education. See Hawaii Revised Statutes 302A-101
• Department: means the department of education. See Hawaii Revised Statutes 302D-1
• Department school: means any school that falls within the definition of "public schools" as that term is defined in section 302A-101, and is not a charter school. See Hawaii Revised Statutes 302A-101
• Department school: means any school that falls within the definition of "public schools" as defined in § 302A-101 and that is not a charter school. See Hawaii Revised Statutes 302D-1
• Dependent: A person dependent for support upon another.
• 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
• Devise: To gift property by will.
• 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: means the director of health. See Hawaii Revised Statutes 451K-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the state public charter school commission. See Hawaii Revised Statutes 302D-1
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Genetic counseling practice: includes :

  (1) Obtaining and interpreting individual, family, medical, developmental, and reproductive histories;

  (2) Determining the mode of inheritance and risk of transmission of genetic conditions and birth defects;

  (3) Discussing the inheritance, features, natural history, means of diagnosis, and management of these conditions;

  (4) Identifying, coordinating, interpreting, and explaining genetic laboratory tests and other diagnostic studies;

  (5) Assessing psychological factors and recognizing social, educational, and cultural issues related to having or being at risk for genetic conditions;

  (6) Evaluating the client's or family's responses to the genetic condition or risk of having the genetic condition, and providing client-centered counseling and anticipatory guidance;

  (7) Communicating information to their clients in an understandable manner;

  (8) Facilitating informed decision-making about testing, treatment, and management;

  (9) Identifying and effectively using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and

  (10) Providing accurate written documentation of medical, genetic, and counseling information for families and health care professionals. See Hawaii Revised Statutes 451K-1

• Genetic counselor: means a person licensed under this chapter who engages in genetic counseling practice. See Hawaii Revised Statutes 451K-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing board: means the independent board of a public charter school that is party to the charter contract with the authorizer that:

  (1) Is responsible for the financial, organizational, and academic viability of the charter school and implementation of the charter;

  (2) Possesses the independent authority to determine the organization and management of the school, the curriculum, and virtual education;

  (3) Has the power to negotiate supplemental collective bargaining agreements with exclusive representatives of their employees and is considered the employer of charter school employees for purposes of chapters 76, 78, and 89; and

  (4) Ensures compliance with applicable state and federal laws. See Hawaii Revised Statutes 302D-1

• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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}
• License: means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. See Hawaii Revised Statutes 302A-101
• Licensed genetic counselor: means an individual who holds a license in good standing to practice genetic counseling under this chapter. See Hawaii Revised Statutes 451K-1
• Lien: A claim against real or personal property in satisfaction of a debt.
• mark: means any trademark or service mark entitled to registration under chapter 482, whether registered or not. See Hawaii Revised Statutes 302A-1901
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Nonprofit organization: means a private, nonprofit, tax-exempt entity that:

  (1) Is recognized as a tax-exempt organization under the Internal Revenue Code; and

  (2) Is registered to do business in this State in accordance with chapter 414D. See Hawaii Revised Statutes 302D-1

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• public charter school: refers to those public schools and their respective governing boards, as defined in this section, that are holding current charter contracts to operate as charter schools under this chapter, including start-up and conversion charter schools, and that have the flexibility and independent authority to implement alternative frameworks with regard to curriculum, facilities management, instructional approach, virtual education, length of the school day, week, or year, and personnel management. See Hawaii Revised Statutes 302D-1
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Statute: A law passed by a legislature.
• Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
• surplus: includes retained earnings, whether or not transferred or allocated to surplus. See Hawaii Revised Statutes 412:1-109
• Testator: A male person who leaves a will at death.
• 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
• Trustee: A person or institution holding and administering property in trust.