Sections
Part I Definitions 339D-1
Part II Electronic Waste Recycling 339D-2 – 339D-6
Part III General Provisions 339D-7 – 339D-12
Part IV Television Recovery System 339D-21 – 339D-27

Terms Used In Hawaii Revised Statutes > Chapter 339D

  • Administrator: means the individual responsible for planning, organizing, directing, and controlling of the operation of a nursing home. See Hawaii Revised Statutes 457B-2
  • Administrator of the state procurement office: means the chief procurement officer for the governmental bodies of the executive branch of the State, other than the University of Hawaii, department of education, the several counties, and those governmental bodies administratively attached thereto. See Hawaii Revised Statutes 103D-1201
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Brand: means a symbol, word, or mark that identifies a covered electronic device or a covered television, rather than any of its components. See Hawaii Revised Statutes 339D-1
  • Certified nurse aide: means a nurse aide who has met the requirements for certification under section 457A-7 or 457A-8. See Hawaii Revised Statutes 457A-1.5
  • 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.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Covered entity: means any household, government entity, business, or nonprofit organization exempt from taxation under section 501(c)(3) of the United States Internal Revenue Code, regardless of size or place of operation within the State. See Hawaii Revised Statutes 339D-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457B-2
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457G-1
  • Department: means the department of health. See Hawaii Revised Statutes 339D-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457A-1.5
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457B-2
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457G-1
  • Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any noncompensated individual performing services for any governmental body. See Hawaii Revised Statutes 103D-104
  • 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.
  • Household: means any occupant of a single detached dwelling unit or of a single unit of a multiple dwelling unit who has used a covered electronic device or covered television at a dwelling unit primarily for personal or home business use. See Hawaii Revised Statutes 339D-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Medicare or medicaid certified nursing facility: means any intermediate care facility or skilled nursing facility licensed pursuant to section 321-11(10) and certified by the department of health in accordance with 42 United States Code sections 1395i-3 and 1396r. See Hawaii Revised Statutes 457A-1.5
  • Medicare or medicaid nurse aide: means a certified nurse aide who works in a medicare or medicaid certified nursing facility. See Hawaii Revised Statutes 457A-1.5
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • New covered electronic device: means a covered electronic device that is manufactured after the effective date of this chapter. See Hawaii Revised Statutes 339D-1
  • Nurse aide: means a person who performs a variety of duties relating to patients and patient care while working under the supervision of a nurse, including assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress. See Hawaii Revised Statutes 457A-1.5
  • Nursing home: means any nursing facility licensed by the department of health. See Hawaii Revised Statutes 457B-2
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • 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.
  • Occupational therapist: means a person who engages in the practice of occupational therapy in this State. See Hawaii Revised Statutes 457G-1
  • 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 any individual, business, partnership, limited liability company, corporation, not-for-profit organization, association, government entity, public benefit corporation, or public authority. See Hawaii Revised Statutes 339D-1
  • Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 103D-104
  • Program year: means a full calendar year beginning on or after January 1, 2010, and each calendar year thereafter beginning on January 1. See Hawaii Revised Statutes 339D-1
  • Property: means all goods, including equipment, materials, supplies, land, buildings, and other improvements to the land, also non-tangible items such as patents, inventions, and copyrights. See Hawaii Revised Statutes 103D-1201
  • Recover: means to reuse or recycle. See Hawaii Revised Statutes 339D-1
  • Recycling: means processing (including disassembling, dismantling, or shredding) covered electronic devices or covered televisions or their components to recover a useable product; provided that "recycling" does not include any process defined as incineration under applicable laws and rules. See Hawaii Revised Statutes 339D-1
  • Retailer: means any person who offers covered electronic devices or covered televisions for sale, other than for resale by the purchaser, through any means, including sales outlets, catalogs, or the Internet. See Hawaii Revised Statutes 339D-1
  • sale: means any transfer for consideration of title, including transactions conducted through sales outlets, catalogs, or the Internet, but excluding leases. See Hawaii Revised Statutes 339D-1
  • State-licensed or state-certified health care settings: means health care settings, other than medicare or medicaid certified nursing facilities, which are regulated by the department of health. See Hawaii Revised Statutes 457A-1.5
  • Television manufacturer: means a person who:

         (1)  Manufactures for sale in the State a covered television under a brand that it licenses or owns;

         (2)  Manufactures for sale in the State covered televisions without affixing a brand;

         (3)  Resells into the State a covered television manufactured by others under a brand that the seller owns or is licensed to use;

         (4)  Imports into the United States or exports from the United States a covered television for sale in the State;

         (5)  Sells at retail a covered television acquired from an importer described in paragraph (4), and elects to register as the manufacturer for those products;

         (6)  Manufactures covered televisions and supplies them to any person or persons within a distribution network that includes wholesalers or retailers in this State; or

         (7)  Assumes the responsibilities and obligations of a television manufacturer under this chapter. See Hawaii Revised Statutes 339D-1

  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101