Terms Used In Hawaii Revised Statutes Chapter 182 - Reservation and Disposition of Government Mineral Rights

• Advanced life support: means initiating all basic life support care as well as invasive patient care designed to stabilize and support a patient's condition due to sudden illness or injury. See Hawaii Revised Statutes 321-222
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Advisory committee: means the emergency medical services advisory committee. See Hawaii Revised Statutes 321-222
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Appraisal: A determination of property value.
• Articles of incorporation: include amended and restated articles of incorporation and articles of merger. See Hawaii Revised Statutes 414-3
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Audiologist: means an individual professional licensed as an audiologist pursuant to chapter 468E. See Hawaii Revised Statutes 321-361
• Basic life support: means initiating noninvasive emergency patient care designed to optimize the patient's chances of surviving the emergency situation. See Hawaii Revised Statutes 321-222
• Biological risk: means prenatal, perinatal, neonatal, or early developmental events suggestive of biological insults to the developing central nervous system which increase the probability of delayed development. See Hawaii Revised Statutes 321-351
• Birth defect: means an abnormality of structure, function, or body metabolism present at birth that adversely affects a child's health and development, results in a physical or mental disability, or is fatal. See Hawaii Revised Statutes 321-421
• Board: means the Hawaii board of optometry. See Hawaii Revised Statutes 459-1.5
• Board: means the pest control board. See Hawaii Revised Statutes 460J-1
• Board: means the board of physical therapy. See Hawaii Revised Statutes 461J-1
• Case management: means an ongoing service of shared responsibility between families and professionals that identifies needs and assists in obtaining coordinated, appropriate services and resources. See Hawaii Revised Statutes 321-351
• Child: means a person under eighteen years of age. See Hawaii Revised Statutes 321-342
• Child death review information: means information regarding the child and child's family, including but not limited to:
  (1) Social, medical, and legal histories;
  (2) Death and birth certificates;
  (3) Law enforcement investigative data;
  (4) Medical examiner or coroner investigative data;
  (5) Parole and probation information and records;
  (6) Information and records of social service agencies;
  (7) Educational records; and
  (8) Health care institution information. See Hawaii Revised Statutes 321-342
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Corporation: means the issuer of the shares held by a dissenter before the corporate action, or the surviving or acquiring corporation by merger or share exchange of that issuer. See Hawaii Revised Statutes 414-341
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deaf or hard of hearing: means any type and degree of permanent hearing loss as assessed by an audiologist or physician specialized in hearing function. See Hawaii Revised Statutes 321-361
• Delayed development: means a significant delay in one or more of the following areas of development: cognition, speech, language, physical, motor, vision, hearing, psychosocial, or self-help skills. See Hawaii Revised Statutes 321-351
• Deliver: includes mail. See Hawaii Revised Statutes 414-3
• Department: means the department of health. See Hawaii Revised Statutes 321-222
• Department: means the department of health. See Hawaii Revised Statutes 321-342
• Department: means the department of health. See Hawaii Revised Statutes 321-351
• Department: means the department of health. See Hawaii Revised Statutes 321-361
• Department: means the department of health. See Hawaii Revised Statutes 321-372
• Department: means the department of health. See Hawaii Revised Statutes 321-411
• Department director: means the director of commerce and consumer affairs, unless the context otherwise requires. See Hawaii Revised Statutes 414-3
• Diagnostic audiologic evaluation: means an evaluation of the sensitivity of a person 's sense of hearing as assessed by an audiologist or physician specialized in hearing function. See Hawaii Revised Statutes 321-361
• Director: means the director of health or the director's designated representatives. See Hawaii Revised Statutes 321-342
• Director: means the director of health. See Hawaii Revised Statutes 321-351
• Director: means the director of health. See Hawaii Revised Statutes 321-372
• Director: means the director of health. See Hawaii Revised Statutes 321-411
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 459-1.5
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 460J-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dissenter: means a shareholder who is entitled to dissent from corporate action under § 414-342 and who exercises that right when and in the manner required by sections 414-351 to 414-359. See Hawaii Revised Statutes 414-341
• domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to this chapter. See Hawaii Revised Statutes 414-3
• Early intervention services: means services which:

  (1) Are provided under public supervision;

  (2) Are provided at no cost, except where federal or state law provides for a system of payments by families, including a sliding fee schedule;

  (3) Are designed to meet the developmental needs of infants and toddlers with special needs, which include but are not limited to physical development, cognitive development, and self-help skills;

  (4) Are provided by qualified professional and paraprofessional personnel;

  (5) Are provided in conformity with an individualized family support plan; and

  (6) Include but are not limited to: family support, counseling, and home visits; special instruction; speech pathology and audiology; occupational therapy; physical therapy; psychological services; case management services; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; and health services necessary to enable the infant or toddler to benefit from the other early intervention services. See Hawaii Revised Statutes 321-351

• Educational institution: means public schools as defined under chapter 302A, privately operated schools of lower education, and colleges, the University of Hawaii, and other universities. See Hawaii Revised Statutes 461J-1
• Efficacy and safety data: means data from experiments conducted by qualified scientists to determine the efficacy and safety of a nonchemical pest control device. See Hawaii Revised Statutes 460J-1
• Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling the device, an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product. See Hawaii Revised Statutes 321-211
• Emergency aeromedical services: means a secondary response system that provides immediate critical care and transport by rotary-wing aircraft of a patient to a facility that provides specialized medical care. See Hawaii Revised Statutes 321-222
• Emergency medical services for children: means emergency medical services, including preventive, pre-hospital, hospital, rehabilitative, and other post-hospital care for children. See Hawaii Revised Statutes 321-222
• Emergency medical services personnel: means any mobile intensive care technician or emergency medical technician who is certified or licensed by the State. See Hawaii Revised Statutes 321-222
• Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having a joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 414-3
• Environmental risk: means physical, social, or economic factors which may limit development. See Hawaii Revised Statutes 321-351
• 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.
• Ex officio: Literally, by virtue of one's office.
• Family: means :
  (1) Each legal parent;
  (2) Each natural parent;

  (3) The adjudicated, presumed, or concerned natural parent as defined under section 578-2;
  (4) Each parent's spouse or former spouses;
  (5) Each sibling or person related by consanguinity or marriage;
  (6) Each person residing in the same dwelling unit; and
  (7) Any other person who, or legal entity that, is a child's legal or physical custodian or guardian, or who is otherwise responsible for the child's care, other than an authorized agency that assumes such a legal status or relationship with the child under chapter 587A. See Hawaii Revised Statutes 321-342
• First responder personnel: means a person who has successfully completed a United States Department of Transportation approved First Responder Course of training in emergency basic life support. See Hawaii Revised Statutes 321-222
• 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.
• Foreign corporation: means a corporation for profit incorporated under a law other than the law of this State. See Hawaii Revised Statutes 414-3
• Fraud: Intentional deception resulting in injury to another.
• Fumigation: means the use of any substance or substances that emit or liberate gases, fumes, or vapors which may be used for the destruction or control of insects, vermin, rodents, or other pests, which, in the opinion of the board, may be lethal, poisonous, noxious, or dangerous to human life. See Hawaii Revised Statutes 460J-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Hearing screening: means objective procedures to detect possible hearing loss and determine the need for diagnostic audiologic evaluation and medical evaluation. See Hawaii Revised Statutes 321-361
• Infant: means a child from birth to thirty-six months of age. See Hawaii Revised Statutes 321-361
• Infants and toddlers with special needs: means infants and toddlers from birth to the age of three with delayed development, biological risk, or environmental risk. See Hawaii Revised Statutes 321-351
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institutional review board: means an institutional review board established in accordance with 7 Code of Federal Regulations 1c. See Hawaii Revised Statutes 321-421
• Interest: means interest from the effective date of the corporate action until the date of payment, at the average rate currently paid by the corporation on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances. See Hawaii Revised Statutes 414-341
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Nonchemical pest control device: means any device that purports to eliminate or control pests by attracting, repelling, or killing pests without the use of chemicals. See Hawaii Revised Statutes 460J-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.
• Pest control: means , with respect to wood-destroying pests, or other pests which may invade households or other structures, including railroad cars, ships, docks, trucks, airplanes, or the contents thereof, the engaging in, offering to engage in, advertising for, soliciting, or performing the following for hire:

  (1) Identifying pests or infestations;

  (2) Making an inspection for the purpose of identifying or attempting to identify infestations of household or other structures by pests;

  (3) Making inspection reports, recommendations, estimates, and bids, whether oral or written, with respect to infestations; or

  (4) Making contracts, or submitting bids for, or the use of avicides, insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances, or mechanical devices, for the purpose of eliminating, exterminating, controlling, or preventing infestations of pests or organisms. See Hawaii Revised Statutes 460J-1

• Pest control operator: means any person who personally or through others offers to undertake or practice, or holds oneself out as being able to undertake or practice, or does undertake or practice pest control. See Hawaii Revised Statutes 460J-1
• Physical therapist: means a person who is licensed to practice physical therapy in this State. See Hawaii Revised Statutes 461J-1
• Physical therapist assistant: means a person who is licensed as a physical therapist assistant in the State and assists the physical therapist in selected components of treatment or intervention. See Hawaii Revised Statutes 461J-1
• physical therapy services: means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, pain from injury, disease, and any other physical or mental condition as performed by a physical therapist appropriately licensed under this chapter. See Hawaii Revised Statutes 461J-1
• Possession: means knowingly having direct physical control at a given time or knowingly having the power and the intention, at a given time, to exercise dominion or control, including the actual use of the tobacco product. See Hawaii Revised Statutes 321-211
• Practice of physical therapy: includes , but is not limited to, the use of the following:

  (1) Physical agents, such as heat, cold, water, air, sound, compression, light, electricity, and electromagnetic radiation;

  (2) Exercise with or without devices, joint mobilization, mechanical stimulation; biofeedback; postural drainage; traction; positioning, massage, splinting, training in locomotion, and other functional activities with or without assisting devices; and correction of posture, body mechanics, and gait;

  (3) Tests and measurements of: muscle strength, force, endurance, and tone; joint motion, mobility, and stability; reflexes and automatic reaction; movement skill and accuracy; sensation and perception; peripheral nerve integrity; locomotor skill, stability, and endurance; activities of daily living; cardiac, pulmonary, and vascular functions; the fit, function, and comfort of prosthetic, orthotic, and other assisting devices; posture and body mechanics; limb strength, circumference, and volume; thoracic excursion and breathing patterns; vital signs; nature and locus of pain and conditions under which pain varies; photosensitivity; and the home and work physical environments. See Hawaii Revised Statutes 461J-1

• Principal office: means the office (in or out of this State) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Hawaii Revised Statutes 414-3
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Hawaii Revised Statutes 414-3
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Publicly owned building: means any building or structure, including a hospital or a school, that is owned, leased, or operated by the State; provided that it shall be a building or structure in which individuals employed by the State work during normal operations. See Hawaii Revised Statutes 321-411
• 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.
• 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.
• Service area: means the State, excluding any county having a population of five hundred thousand or more. See Hawaii Revised Statutes 321-222
• Service of process: The service of writs or summonses to the appropriate party.
• Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Hawaii Revised Statutes 414-3
• Shareholder: means the record shareholder or the beneficial shareholder. See Hawaii Revised Statutes 414-341
• Shares: means the units into which the proprietary interests in a corporation are divided. See Hawaii Revised Statutes 414-3
• State system: means the state pre-hospital emergency medical services system. See Hawaii Revised Statutes 321-222
• Statewide: means all counties in the State. See Hawaii Revised Statutes 321-222
• Subpoena: A command to a witness to appear and give testimony.
• Surgery: means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or laser means. See Hawaii Revised Statutes 459-1.5
• Tattoo artist: means any person who creates indelible marks or decorative designs by introducing pigments beneath the surface of the skin, resulting in permanent or semi-permanent markings, with the aid of needles, electric machines, hand tools, or other devices or means. See Hawaii Revised Statutes 321-372
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tobacco product: means tobacco in any form, including an electronic smoking device, cigarettes, cigars, snuff, and chewing tobacco, that is prepared or intended for consumption by, or the personal use of, humans. See Hawaii Revised Statutes 321-211
• Unit: is a relative value assigned to continuing competence activities in which one continuing competence unit is equivalent to at least fifty minutes of classroom or hands-on instruction. See Hawaii Revised Statutes 461J-1
• Venue: The geographical location in which a case is tried.
• Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Hawaii Revised Statutes 414-3