Terms Used In Hawaii Revised Statutes > Chapter 431 - Insurance Code

• Able-bodied inmate: means any person in the custody of the department of corrections and rehabilitation who, as determined by the department, is physically and mentally able to participate in a work program or other training program authorized by this chapter. See Hawaii Revised Statutes 354D-2
• Acceptance: means a formal determination that the document required to be filed pursuant to § 343-5 fulfills the definition of an environmental impact statement, adequately describes identifiable environmental impacts, and satisfactorily responds to comments received during the review of the statement. See Hawaii Revised Statutes 343-2
• Accidental harm: means bodily injury, death, sickness, or disease caused by a motor vehicle accident to a person. See Hawaii Revised Statutes 431:10C-103
• Accidental harm: means bodily injury, death, sickness, or disease caused by a motorcycle or motor scooter accident to a person. See Hawaii Revised Statutes 431:10G-101
• Account: means any of the three accounts created under section 431:16-206(a). See Hawaii Revised Statutes 431:16-205
• Acquiring person: means a person who is required to deliver an information statement. See Hawaii Revised Statutes 414E-1
• Acquisition: means acquiring by contract supplies or services, including construction, by and for the use of the State through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, or evaluated. See Hawaii Revised Statutes 196-11
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Action: means any program or project to be initiated by any agency or applicant. See Hawaii Revised Statutes 343-2
• active course of treatment: includes treatment of a covered person on a regular basis by a provider being removed from or leaving the network. See Hawaii Revised Statutes 431:26-101
• Active treatment: means provision of services as specified in an individualized service plan. See Hawaii Revised Statutes 333F-1
• Activities of daily living: means at least bathing, continence, dressing, eating, toileting, and transferring. See Hawaii Revised Statutes 346C-1
• Actual earnings from employment: means the total compensation, including reported amount of tips for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation, but shall not include the reasonable cost to an employer of furnishing an employee with fringe benefits or board, lodging, or other facilities and non-cash gratuities of any kind. See Hawaii Revised Statutes 373-1
• Additional unemployment benefits: means the unemployment compensation benefits payable under this chapter. See Hawaii Revised Statutes 385-2
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adjusted risk-based capital report: means a risk-based capital report that has been adjusted by the commissioner in accordance with section 431:3-402(f). See Hawaii Revised Statutes 431:3-401
• Administrator: means the administrator of the correctional industries program. See Hawaii Revised Statutes 354D-2
• Administrator: means the chief executive officer of the Hawaii employers' mutual insurance company. See Hawaii Revised Statutes 431:14A-102
• Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 128E-1
• Administrator: means the captive insurance administrator established in section 431:19-101. See Hawaii Revised Statutes 431:19-101
• Adoption assistance: means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to this chapter. See Hawaii Revised Statutes 350C-2
• Adult: means an individual who is eighteen years of age or older. See Hawaii Revised Statutes 327L-1
• Adult entertainment: means an activity to which a minor would not be able to legally gain admittance and shall include but not be limited to:

  (1) Performing of exotic entertainment;

  (2) Nude, exotic, or lap dancing;

  (3) Showing of film, video, still picture, electronic reproduction, or other visual reproduction depicting:

  (A) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts that are prohibited by law;

  (B) Any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitalia;

  (C) Scenes wherein a person displays the anus or genitalia; or

  (D) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above. See Hawaii Revised Statutes 390-1

• Advance health-care directive: means an individual instruction or a power of attorney for health care. See Hawaii Revised Statutes 327E-2
• Advance mental health care directive: means a written document expressing preferences, instructions, or a power of attorney for mental health treatment. See Hawaii Revised Statutes 327G-2
• Advanced practice registered nurse: means a registered nurse licensed to practice in the State who has met the qualifications of chapter 457 and who, because of advanced education and specialized clinical training, is authorized to assess, screen, diagnose, order, utilize, or perform medical, therapeutic, preventive, or corrective measures, including prescribing medication. See Hawaii Revised Statutes 327L-1
• Advertisement: means any material designed to create public interest in a product, or induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace, or retain a policy, as more specifically defined in the rules and operating procedures of the commission. See Hawaii Revised Statutes 431:30-102
• 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 component of the Hawaii children's trust fund coalition that serves in an advisory capacity to the trust fund and the department of health. See Hawaii Revised Statutes 350B-1
• Advisory committee: means the correctional industries advisory committee established in § 354D-5. See Hawaii Revised Statutes 354D-2
• Advisory committee: means the committee established in section [226-55] to advise and assist in the formulation of the state functional plans. See Hawaii Revised Statutes 226-2
• Aerial device: means any fireworks containing one hundred thirty milligrams or less of explosive materials that produces an audible or visible effect and is designed to rise into the air and explode or detonate in the air or to fly about above the ground, and that is prohibited for use by any person who does not have a permit for display issued by a county under § 132D-16. See Hawaii Revised Statutes 132D-2
• 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.
• Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Hawaii Revised Statutes 431:3A-102
• Affiliate: means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer. See Hawaii Revised Statutes 431:16-105
• Affiliated entity: means any company, person, or other entity in the same corporate system as a parent or a member organization by virtue of common ownership, control, operation, or management. See Hawaii Revised Statutes 431:19-101
• Affiliated public service company group: means an affiliated group of domestic corporations within the meaning of chapter 235, all of the members of which are public service companies. See Hawaii Revised Statutes 239-2
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Affordable Care Act: refers to the Patient Protection and Affordable Care Act (42 U. See Hawaii Revised Statutes 431:26-101
• Agency: means any department, office, board, or commission of the state or county government which is a part of the executive branch of that government. See Hawaii Revised Statutes 343-2
• Agency: means any executive department, independent commission, board, bureau, office, or other establishment of the State, or any quasi-public institution that is supported in whole or in part by state funds. See Hawaii Revised Statutes 196-11
• Agency: means any department, office, board, or commission of the State or a county government which is a part of the executive branch of that government, but does not include any public corporation or authority that may be established by the legislature for the purposes of the project. See Hawaii Revised Statutes 196D-3
• Agency: means any agency, department, authority, board, commission, the University of Hawaii, or any other unit of the State or its political subdivisions. See Hawaii Revised Statutes 201B-1
• Agency: means any agency, board, commission, department, or officer of a county government or the state government, including the authority as defined in part II. See Hawaii Revised Statutes 205A-1
• Agency: means any department, office or board or commission of the state or county government which is a part of the executive branch of that government. See Hawaii Revised Statutes 340A-1
• Agency having jurisdiction: means that agency with the authority to direct the release of a person serving a sentence or term of confinement or place a person on probation, supervised release, or parole and includes the department of corrections and rehabilitation, the Hawaii paroling authority, the courts, and the department of health. See Hawaii Revised Statutes 846E-1
• Agent: means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power. See Hawaii Revised Statutes 327E-2
• Agent: means a competent adult designated in a power of attorney contained in an advance mental health care directive to make a mental health care decision for the individual granting the power and includes all designated alternate agents. See Hawaii Revised Statutes 327G-2
• Aggravating character: means circumstances and behavior that increase the seriousness or outrageousness of contemptuous conduct. See Hawaii Revised Statutes 396-3
• Agricultural activities: includes :
  (1) The care and production of livestock, livestock products, poultry, and poultry products;
  (2) The care and production of apiary, horticultural, and floricultural products;
  (3) The planting, cultivating, and harvesting of crops or trees; and
  (4) Any other activity that is directly associated with agriculture. See Hawaii Revised Statutes 141D-2
• agricultural activities: means the activities described in paragraphs (1) to (3);
  (22) Geothermal resources exploration and geothermal resources development, as defined under § 182-1;
  (23) Hydroelectric facilities, including the appurtenances associated with the production and transmission of hydroelectric energy, subject to § 205-2; provided that the hydroelectric facilities and their appurtenances:

  (A) Shall consist of a small hydropower facility as defined by the United States Department of Energy, including:

  (i) Impoundment facilities using a dam to store water in a reservoir;

  (ii) A diversion or run-of-river facility that channels a portion of a river through a canal or channel; and

  (iii) Pumped storage facilities that store energy by pumping water uphill to a reservoir at higher elevation from a reservoir at a lower elevation to be released to turn a turbine to generate electricity;

  (B) Comply with the state water code, chapter 174C;

  (C) Shall, if over five hundred kilowatts in hydroelectric generating capacity, have the approval of the commission on water resource management, including a new instream flow standard established for any new hydroelectric facility; and

  (D) Do not impact or impede the use of agricultural land or the availability of surface or ground water for all uses on all parcels that are served by the ground water sources or streams for which hydroelectric facilities are considered; or
  (24) Notwithstanding any other law to the contrary, composting and co-composting operations; provided that operations that process their own green waste and do not require permits from the department of health shall use the finished composting product only on the operation's own premises to minimize the potential spread of invasive species. See Hawaii Revised Statutes 205-4.5
• Agricultural activity: means any activity described in paragraphs (1) to (3) of this subsection. See Hawaii Revised Statutes 205-4.5
• agricultural education programs: means activities or events designed to promote knowledge and understanding of agricultural activities and practices conducted on a farming operation as defined in § 165-2;
  (20) Solar energy facilities that do not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser or for which a special use permit is granted pursuant to § 205-6; provided that this use shall not be permitted on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A;
  (21) Solar energy facilities on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating B or C for which a special use permit is granted pursuant to § 205-6; provided that:

  (A) The area occupied by the solar energy facilities is also made available for compatible agricultural activities at a lease rate that is at least fifty per cent below the fair market rent for comparable properties;

  (B) Proof of financial security to decommission the facility is provided to the satisfaction of the appropriate county planning commission prior to date of commencement of commercial generation; and

  (C) Solar energy facilities shall be decommissioned at the owner's expense according to the following requirements:

  (i) Removal of all equipment related to the solar energy facility within twelve months of the conclusion of operation or useful life; and

  (ii) Restoration of the disturbed earth to substantially the same physical condition as existed prior to the development of the solar energy facility. See Hawaii Revised Statutes 205-4.5
• Agricultural enterprise: means an activity directly and primarily supporting the production and sale of agricultural products in the State. See Hawaii Revised Statutes 141D-2
• Agricultural enterprise lands: means agricultural lands that are transferred to and managed by the department pursuant to this chapter. See Hawaii Revised Statutes 141D-2
• Agricultural solid waste: means the solid waste that results from the rearing of animals and the harvesting of crops. See Hawaii Revised Statutes 340A-1
• Agricultural-energy enterprise: means an enterprise that integrally incorporates an agricultural activity with an agricultural-energy facility. See Hawaii Revised Statutes 205-4.5
• Agricultural-energy facility: means a facility that generates, stores, or distributes renewable energy as defined in § 269-91 or renewable fuel including electrical or thermal energy or liquid or gaseous fuels from products of agricultural activities from agricultural lands located in the State. See Hawaii Revised Statutes 205-4.5
• Agriculture: means agriculture as defined in section 3(f) of the Federal Fair Labor Standards Act of 1938, or as the same may be amended from time to time. See Hawaii Revised Statutes 387-1
• Ahupuaa: means a traditional native Hawaiian resource and behavioral management system that ensures respect for the air, land, water, and other scarce natural resources that make life sustainable from the mountains to the sea. See Hawaii Revised Statutes 226-2
• Allegation: something that someone says happened.
• 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.
• Amortization: Paying off a loan by regular installments.
• Amusement ride: means a mechanically or electrically operated device designed to carry passengers in various modes and used for entertainment and amusement. See Hawaii Revised Statutes 397-3
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appeals board: means the Hawaii labor relations board. See Hawaii Revised Statutes 396-3
• Appeals board: means the labor and industrial relations appeals board established by § 371-4. See Hawaii Revised Statutes 397-3
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means any person who, pursuant to statute, ordinance, or rule, officially requests approval for a proposed action. See Hawaii Revised Statutes 343-2
• Applicant: means any person who, pursuant to statute, ordinance, rule, or regulation, requests approval or a permit of the proposed project. See Hawaii Revised Statutes 196D-3
• Applicant: means the person applying for a permit to operate as a hemp processor under this chapter. See Hawaii Revised Statutes 328G-1
• Applicant: means any person who uses the services of an employment agency to secure employment for that person. See Hawaii Revised Statutes 373-1
• Applicant: means :

  (1) In the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and

  (2) In the case of a group long-term care insurance policy, the proposed certificate holder. See Hawaii Revised Statutes 431:10H-104

• Applicant: means every person applying for a license to become a provider of an adult foster home or developmental disabilities domiciliary home. See Hawaii Revised Statutes 333F-1
• Appointing authority: means a department head or designee having the power to make appointments or changes in the status of employees. See Hawaii Revised Statutes 76-11
• Appraisal: A determination of property value.
• Apprentice: means a worker at least sixteen years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation in accordance with the standards of apprenticeship established by this chapter. See Hawaii Revised Statutes 372-2
• Apprenticeship agreement: is a written agreement between an apprentice and either the apprentice's program sponsors or an apprenticeship committee acting as agent for the program sponsors. See Hawaii Revised Statutes 372-2
• Apprenticeship committee: means a group of persons designated by the sponsors to administer an apprenticeship program. See Hawaii Revised Statutes 372-2
• 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
• Approval: means a discretionary consent required from an agency prior to actual implementation of an action. See Hawaii Revised Statutes 343-2
• Approval: means a discretionary consent required from an agency prior to the actual implementation of the project. See Hawaii Revised Statutes 196D-3
• Approved continuing education course: means a course approved by the commissioner following receipt of recommendations from insurance professionals. See Hawaii Revised Statutes 431:8-102
• Approved continuing education course: means a course approved by the commissioner following receipt of recommendations from insurance professionals. See Hawaii Revised Statutes 431:9A-102
• Approved course provider: means an individual or entity that is approved to offer continuing education courses pursuant to article 9A. See Hawaii Revised Statutes 431:8-102
• Approved course provider: means an organization or person that has been approved by the commissioner. See Hawaii Revised Statutes 431:9A-102
• Appurtenances: means operational infrastructure of the appropriate type and scale for economic commercial storage and distribution, and other similar handling of feedstock, fuels, and other products of biofuel processing facilities. See Hawaii Revised Statutes 205-4.5
• Aquacultural activities: means the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that the farm or ranch is on or directly adjacent to land. See Hawaii Revised Statutes 141D-2
• Aquatic life: means any type of species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animals that inhabit the freshwater or marine environment, and includes any part, product, egg, or offspring thereof, or freshwater or marine plants, including seeds, roots, and other parts thereof. See Hawaii Revised Statutes 195D-2
• Aquatic life: means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral or other animal that inhabits the freshwater and marine environment and includes any part, product, egg or offspring thereof; or freshwater and marine plants, including seeds, roots, and other parts thereof. See Hawaii Revised Statutes 197-1
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Articles pyrotechnic: means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 by the United States Department of Transportation. See Hawaii Revised Statutes 132D-2
• Artificially derived cannabinoid: means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant genus cannabis. See Hawaii Revised Statutes 328G-1
• Assessment: means an ongoing process through which a substance abuse professional collaborates with a client and other persons to gather and interpret information necessary for planning treatment and evaluating the client's progress. See Hawaii Revised Statutes 353G-2
• Assessment program: refers to a not-for-profit corporation, government agency, or other entity accredited by the department of health to provide substance abuse services, or to a substance abuse professional certified pursuant to section 321-193. See Hawaii Revised Statutes 353G-2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means the Hawaii life and disability insurance guaranty association created under § 431:16-206. See Hawaii Revised Statutes 431:16-205
• Association: means two or more members who are engaged in business or activities similar or related to the liability to which these members are exposed by virtue of any related, similar, or common business trade, product, services, premises, or operations; provided that the members of the association shall be individuals, corporations, limited liability companies, partnerships, associations, or other entities, except labor organizations, the member organizations of which or which does itself, whether or not in conjunction with some or all of the member organizations:

  (1) Own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer;

  (2) Have complete voting control over an association captive insurance company incorporated as a mutual insurer;

  (3) Constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer; or

  (4) Have complete voting control over an association captive insurance company formed as a limited liability company. See Hawaii Revised Statutes 431:19-101

• Association: means the Hawaii insurance guaranty association created under § 431:16-106. See Hawaii Revised Statutes 431:16-105
• Association captive insurance company: means a captive insurance company that insures risks of the member organizations of the association, and that may insure the risks of affiliated entities of the member organizations and the risks of the association itself. See Hawaii Revised Statutes 431:19-101
• Association of boards of certification for operating personnel in water and wastewater utilities: means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs. See Hawaii Revised Statutes 340F-1
• Association of boards of certification for operating personnel in water and wastewater utilities: means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs. See Hawaii Revised Statutes 340B-1
• Assumed name: means any fictitious, alias, maiden, or trade name used in the past

  ""Business entity" means an association, corporation, limited liability company, limited liability partnership, partnership, or other legal entity. See Hawaii Revised Statutes 431:9A-102

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attending provider: means a physician licensed pursuant to chapter 453 or advanced practice registered nurse licensed pursuant to chapter 457 who has responsibility for the care of the patient and treatment of the patient's terminal disease. See Hawaii Revised Statutes 327L-1
• Attorney general: means the state attorney general or deputy attorneys general. See Hawaii Revised Statutes 245-1
• Attorney general: means the attorney general of the State of Hawaii, the department of the attorney general, or an authorized representative of the attorney general. See Hawaii Revised Statutes 846E-1
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authority: means the Hawaii green infrastructure authority as established under section 196-63. See Hawaii Revised Statutes 196-61
• Authority: means the Mauna Kea stewardship and oversight authority. See Hawaii Revised Statutes 195H-2
• Authority: means the Hawaii community development authority. See Hawaii Revised Statutes 206E-101
• Authority: means the Hawaii tourism authority established in section 201B-2. See Hawaii Revised Statutes 201B-1
• Authority: means the county planning commission, except in counties where the county planning commission is advisory only, in which case "authority" means the county council or such body as the council may by ordinance designate. See Hawaii Revised Statutes 205A-1
• Authority: means the Hawaii community development authority established by section 206E-3. See Hawaii Revised Statutes 206E-2
• authorized: when used in the context of assessments means a resolution by the board of directors that has been passed whereby an assessment will be called immediately or in the future from member insurers for a specified amount. See Hawaii Revised Statutes 431:16-205
• 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

• Authorized representative: means :

  (1) A person to whom a covered person has given express written consent to represent the covered person;

  (2) A person authorized by law to provide substituted consent for a covered person; or

  (3) The covered person's treating health care professional only when the covered person or persons authorized pursuant to paragraphs (1) and (2) of this definition are unable to provide consent. See Hawaii Revised Statutes 431:26-101

• Available: means that the vehicle is physically present and not rented for the requested rental period. See Hawaii Revised Statutes 196-2
• Available surplus: means the excess over the minimum amount of surplus required for the classes of insurance the insurer is authorized to transact. See Hawaii Revised Statutes 431:4-101
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bail agent: means a licensed insurance producer under article 9A who is appointed by an authorized surety insurer, furnishes bail for compensation in any court in this State, and has the power of attorney to execute or countersign bail bonds in connection with judicial proceedings. See Hawaii Revised Statutes 431:9N-101
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bar: means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars. See Hawaii Revised Statutes 328J-1
• Barge: means a vessel that is not self propelled or fitted for propulsion by sail, paddle, oar, or similar device. See Hawaii Revised Statutes 200A-2
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beach: includes sand deposits in nearshore submerged areas, or sand dunes or upland beach deposits landward of the shoreline, that provide benefits for public use and recreation, for coastal ecosystems, and as a natural buffer against coastal hazards. See Hawaii Revised Statutes 205A-1
• Beaches encumbered with easements in favor of the public: means any lands which lie along the shores of the State which are now, or may hereafter be, encumbered by easements granted in favor of the public for bathing, swimming, or other similar or related purposes and for foot passage. See Hawaii Revised Statutes 200-1
• 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}
• Benefit society: means a mutual benefit society registered under section 432:1-301 or a fraternal benefit society organized under § 432:2-301. See Hawaii Revised Statutes 431:3-401
• Benefit year: refers to "benefit year" as that term is defined in section 383-1. See Hawaii Revised Statutes 385-2
• Bequest: Property gifted by will.
• Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment and shall include:

  (1) The effect of the treatment on the physical, emotional, and cognitive functions of the patient;

  (2) The degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of the treatment;

  (3) The degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, results in a severe and continuing impairment;

  (4) The effect of the treatment on the life expectancy of the patient;

  (5) The prognosis of the patient for recovery, with and without the treatment;

  (6) The risks, side effects, and benefits of the treatment or the withholding of treatment; and

  (7) The religious beliefs and basic values of the individual receiving treatment, to the extent that these may assist the surrogate decision-maker in determining benefits and burdens. See Hawaii Revised Statutes 327E-2

• Best interests: means that the benefits to the principal resulting from a mental health treatment outweigh the burdens to the principal resulting from that treatment and includes:

  (1) The effect of the mental health treatment on the physical, mental, emotional, and cognitive functions of the principal;

  (2) The degree of physical and mental pain or discomfort caused to the principal by the mental health treatment or the withholding or withdrawal of that treatment;

  (3) The degree to which the principal's medical condition, the mental health treatment, or the withholding or withdrawal of mental health treatment, results in a severe and continuing impairment;

  (4) The effect of the mental health treatment on the life expectancy of the principal;

  (5) The prognosis of the principal for recovery or remission, with and without the mental health treatment;

  (6) The risks, side effects, and benefits of the mental health treatment or the withholding of mental health treatment; and

  (7) The religious beliefs and basic values of the principal receiving mental health treatment known to the agent, to the extent that these may assist the agent in determining benefits and burdens. See Hawaii Revised Statutes 327G-2

• blind: as used in this chapter , whether used as an adjective or noun, means blind or visually handicapped. See Hawaii Revised Statutes 347-2
• Board: means the board of certification established by § 340F-4. See Hawaii Revised Statutes 340F-1
• Board: means the law enforcement standards board. See Hawaii Revised Statutes 139-1
• Board: means the executive board of the judiciary history center. See Hawaii Revised Statutes 6F-1
• Board: means the board of agriculture. See Hawaii Revised Statutes 141D-2
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 195D-2
• Board: means the disability and communication access board. See Hawaii Revised Statutes 348F-1
• Board: means the Hawaii children's trust fund advisory board. See Hawaii Revised Statutes 350B-1
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 195-2
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 195F-2
• Board: means the board of directors of the Hawaii employers' mutual insurance company. See Hawaii Revised Statutes 431:14A-102
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 197-1
• Board: means the transit-oriented development infrastructure improvement district board. See Hawaii Revised Statutes 206E-242
• Board: means the Hawaii labor relations board, provided for by sections 26-20, 89-5, and 377-2. See Hawaii Revised Statutes 377-1
• Board: means the board of directors of the Hawaii tourism authority established in section 201B-2, and any successor thereto. See Hawaii Revised Statutes 201B-1
• Board: means the fund's board of directors. See Hawaii Revised Statutes 386A-1
• Board: means any department or board of a county authorized to issue revenue bonds under this chapter. See Hawaii Revised Statutes 49-1
• Board: means the board of directors of the development corporation established in section 206M-2, and any successor thereto. See Hawaii Revised Statutes 206M-1
• Board: means the board of nursing. See Hawaii Revised Statutes 334D-2
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 209-1
• Board: means the board of trustees of the Hawaii employer-union health benefits trust fund described in § 87A-5. See Hawaii Revised Statutes 87A-1
• Board: means the enhanced 911 board established under this chapter. See Hawaii Revised Statutes 138-1
• Board: means the board of certification established by § 340B-4. See Hawaii Revised Statutes 340B-1
• Board approval: means approval by the board of land and natural resources pursuant to chapter 183C. See Hawaii Revised Statutes 205A-41
• Board of trustees: means the board of trustees charged with the general administration of this program under § 346C-3. See Hawaii Revised Statutes 346C-1
• Boat dealer: means a person engaged wholly or partly, for gain or compensation, in the business of selling vessels or offering vessels for sale, buying or taking in vessels for the purpose of resale, or exchanging vessels. See Hawaii Revised Statutes 200-23
• Boat manufacturer: means a person engaged in:

  (1) The manufacture, construction, or assembly of boats or associated equipment;

  (2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or

  (3) The importation into the United States for sale of boats, associated equipment, or components thereof. See Hawaii Revised Statutes 200-23

• Boating accident: means any occurrence involving a vessel or its equipment that results in:

  (1) The death of a person;

  (2) The loss of consciousness by any person, the receipt of medical treatment by any person, or the incapacity of any person for more than twenty-four hours;

  (3) Damage to the vessel and other property totaling more than $200; or

  (4) The disappearance of a person from the vessel under circumstances that indicate possible death or injury. See Hawaii Revised Statutes 200-23

• Boiler: means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam or vapor is superheated, or any combination thereof under pressure for use external to itself, by the direct application of energy from the combustion of fuels, or from electricity or solar energy. See Hawaii Revised Statutes 397-3
• bona fide agricultural activity: means a farming operation as defined in § 165-2;
  (15) Wind energy facilities, including the appurtenances associated with the production and transmission of wind generated energy; provided that the wind energy facilities and appurtenances are compatible with agriculture uses and cause minimal adverse impact on agricultural land;
  (16) Biofuel processing facilities, including the appurtenances associated with the production and refining of biofuels that is normally considered directly accessory and secondary to the growing of the energy feedstock; provided that biofuel processing facilities and appurtenances do not adversely impact agricultural land and other agricultural uses in the vicinity. See Hawaii Revised Statutes 205-4.5
• Bond: means any bond, note, and other evidence of indebtedness that is issued by the State pursuant to part of chapter 269. See Hawaii Revised Statutes 196-61
• Branch: means the insurance fraud investigations branch of the insurance division of the department of commerce and consumer affairs. See Hawaii Revised Statutes 431:2-401
• Branch captive insurance company: means an outside captive insurance company licensed under this article by the commissioner to transact the business of insurance in this State through a business unit that has its principal place of business in this State. See Hawaii Revised Statutes 431:19-101
• Brand name: means any word, name, symbol, or device or any combination thereof identifying the commercial feed of a distributor and distinguishing it from that of others. See Hawaii Revised Statutes 144-2
• Building: means any area enclosed or partially enclosed by a roof and at least three walls. See Hawaii Revised Statutes 328J-1
• Business: includes all activities (personal, professional, or corporate) engaged in or caused to be engaged in with the object of gain or economic benefit either direct or indirect, but does not include casual sales. See Hawaii Revised Statutes 237-2
• Business: means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold, professional corporations, and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. See Hawaii Revised Statutes 328J-1
• Business entity: means an association, corporation, limited liability company, limited liability partnership, partnership, or other legal entity. See Hawaii Revised Statutes 431:8-102
• Business income: means income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations. See Hawaii Revised Statutes 235-21
• Buyer: means a person that buys or contracts to buy a vessel. See Hawaii Revised Statutes 200A-2
• Buyer: means a person who buys or contracts to buy goods. See Hawaii Revised Statutes 490:2-103
• Buyer in ordinary course of business: means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. See Hawaii Revised Statutes 200A-2
• Bylaws: means those bylaws established by the commission for its governance, or for directing or controlling the commission's actions or conduct. See Hawaii Revised Statutes 431:30-102
• C corporation: means a corporation which is not an S corporation. See Hawaii Revised Statutes 235-121
• Call: means any communication, message, signal, or transmission. See Hawaii Revised Statutes 138-1
• called: when used in the context of assessments means a notice that has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. See Hawaii Revised Statutes 431:16-205
• Candidate species: means any species being considered by the United States Secretary of the Interior for listing as an endangered or threatened species, but not yet the subject of a proposed rule. See Hawaii Revised Statutes 195D-2
• Cannabinoids: means any of the various naturally occurring, biologically active, chemical constituents of cannabis that bind to or interact with receptors of the endogenous cannabinoid system. See Hawaii Revised Statutes 328G-1
• Cannabis: means the genus of the flowering plant in the family Cannabaceae. See Hawaii Revised Statutes 328G-1
• Capable: means that in the opinion of the patient's attending provider or consulting provider, psychiatrist, psychologist, or clinical social worker, a patient has the ability to understand the patient's choices for care, including risks and benefits, and make and communicate health care decisions to health care providers. See Hawaii Revised Statutes 327L-1
• Capacity: means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health-care decision. See Hawaii Revised Statutes 327E-2
• Capacity: means a principal's ability to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate a mental health care decision. See Hawaii Revised Statutes 327G-2
• Capital costs: means part or all of the cost for capital improvements. See Hawaii Revised Statutes 264-121
• captive insurer: means a class 1 company, class 2 company, class 3 company, class 4 company, or class 5 company formed or authorized under this article. See Hawaii Revised Statutes 431:19-101
• Car-sharing delivery period: means the period of time during which a shared car is being delivered to the location of the car-sharing start time, if applicable, as documented by the governing car-sharing program agreement. See Hawaii Revised Statutes 431:10C-801
• Car-sharing period: means the period of time that commences with the car-sharing delivery period or, if there is no delivery period, that commences with the car-sharing start time and, in either case, ends at the car-sharing termination time. See Hawaii Revised Statutes 431:10C-801
• Car-sharing program agreement: means the terms and conditions applicable to a shared car owner, a shared car driver, and a peer-to-peer car-sharing platform, if applicable, that govern the use of a shared car through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 431:10C-801
• Car-sharing start time: means the time the shared car driver obtains operation, use, or control of a shared car through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 431:10C-801
• Car-sharing termination time: means the latest of the following events:
  (1) The expiration of the agreed upon period of time established for the use of a shared car according to the terms of the car-sharing program agreement if the shared car is delivered to the location agreed upon in the car-sharing program agreement;
  (2) When the shared car is returned to a location as alternatively agreed upon by the shared car owner and shared car driver as communicated through a peer-to-peer car-sharing program;
  (3) When a shared car is returned to the location agreed upon in the car-sharing program agreement or alternatively agreed upon by the shared car owner and the shared car driver, as communicated through a peer-to-peer car-sharing program, before the expiration of the period of time established for the use of a shared car according to the terms of the car-sharing program agreement, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car;
  (4) When a shared car, during the car-sharing period, cannot safely or legally be operated and the shared car driver notifies the peer-to-peer car-sharing program that the shared car is inoperable and identifies the location of the shared car;
  (5) When the shared car owner receives notice of a safety recall affecting the shared car and the shared car driver returns the shared car to the location agreed upon in the car-sharing program agreement, or alternatively agreed upon by the shared car owner and the shared car driver, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car; or
  (6) When the shared car owner or the shared car owner's authorized designee takes possession and control of the shared car. See Hawaii Revised Statutes 431:10C-801
• Carrier: means a person who engages in transportation, and does not include a person such as freight forwarder or tour packager who provides transportation by contracting with others, except to the extent that such person oneself engages in transportation. See Hawaii Revised Statutes 239-2
• carrier: includes an accident and health or sickness insurer that issues health benefit plans under part I of article 10A of this chapter, a mutual benefit society under article 1 of chapter 432, and a health maintenance organization under chapter 432D. See Hawaii Revised Statutes 431:26-101
• Carrier: means a voluntary association, corporation, partnership, or organization engaged in providing, paying for, arranging for, or reimbursing the cost of, health benefits or long-term care benefits under group insurance contracts. See Hawaii Revised Statutes 87A-1
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Case management services: means services to persons with developmental or intellectual disabilities that assist them in gaining access to needed social, medical, legal, educational, and other services, and includes:

  (1) Follow-along services which assure, through a continuing relationship between an agency or provider and a person with a developmental or intellectual disability and the person's parent, if the person is a minor, or guardian, if a guardian has been appointed for the purpose, that the changing needs of the person and the family are recognized and appropriately met. See Hawaii Revised Statutes 333F-1

• Casual basis: means employment that is:

  (1) Irregular or intermittent; and

  (2) Performed for a family or household who directly employs the individual providing the services. See Hawaii Revised Statutes 387-1

• causes to be shipped: means to send by any means of transportation, including by vessel, vehicle, or aircraft. See Hawaii Revised Statutes 245-1
• Center: means the judiciary history center. See Hawaii Revised Statutes 6F-1
• Center: means an offender family service center. See Hawaii Revised Statutes 353D-2
• Certificate: means certificate of number for an undocumented vessel. See Hawaii Revised Statutes 200-23
• Certificate: means , for the purposes of this article, any certificate issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in this State. See Hawaii Revised Statutes 431:10H-104
• Certificate of origin: includes a manufacturer's certificate or statement of origin and an importer's certificate or statement of origin. See Hawaii Revised Statutes 200A-2
• Certificate of title: means a record, created by the department under this chapter or by a governmental agency of another jurisdiction under the law of that jurisdiction, that is designated as a certificate of title by the department or agency and is evidence of ownership of a vessel. See Hawaii Revised Statutes 200A-2
• CFC: means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds. See Hawaii Revised Statutes 342C-1
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 200-1
• Chairperson: means the chairperson of the authority. See Hawaii Revised Statutes 195H-2
• Chambers: A judge's office.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chemically dependent: means a condition wherein a nurse's cognitive, interpersonal, or psychomotor skills are affected by the habitual or intemperate use of alcohol or drugs, or both. See Hawaii Revised Statutes 334D-2
• Chief energy officer: means the chief energy officer of the Hawaii state energy office. See Hawaii Revised Statutes 196-81
• Chief executive: means the governor, the respective mayors, the chief justice of the supreme court, and the chief executive officer of the Hawaii health systems corporation. See Hawaii Revised Statutes 76-11
• Chief of police: means the county chief of police, the county police department, or an authorized representative of the chief of police. See Hawaii Revised Statutes 846E-1
• Chief of police: means the chief of police of the respective counties and their authorized representatives. See Hawaii Revised Statutes 135-1
• Child: means a person less than eighteen years of age, or a person less than twenty-one years of age who has mental or physical handicaps that warrant the continuation of assistance beyond the age of eighteen. See Hawaii Revised Statutes 350C-2
• Cigarette: means any roll for smoking made wholly or in part of tobacco, irrespective of size and shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco. See Hawaii Revised Statutes 245-1
• Cigarette: means :

  (1) Any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and whether or not the tobacco or substance is flavored, adulterated, or mixed with any other ingredient, with a wrapper or cover that is made of paper or any other substance or material, other than tobacco; or

  (2) Any roll for smoking wrapped in any substance containing tobacco, which, due to its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in paragraph (1). See Hawaii Revised Statutes 132C-2

• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Civil service: includes all positions within a jurisdiction that are not exempted by § 46-33, 76-16, or 76-77, or by other law and must be filled through civil service recruitment procedures based on merit. See Hawaii Revised Statutes 76-11
• Civil service employee: means an employee who has met all requirements for membership in the civil service under § 76-27. See Hawaii Revised Statutes 76-11
• Claimant: means an individual:

  (1) Who has an unexpired benefit year and has exhausted normal benefits;

  (2) Whose benefit year expired, or whose normal benefits were exhausted, within a period of twenty-six consecutive weeks immediately preceding the week in which the proclamation provided for in section 385-1 became effective;

  (3) Who was employed during the week in which the governor's proclamation pursuant to section 385-1 became effective, but who became unemployed and whose total earned wages are insufficient for normal benefits; or

  (4) Whose unemployment was proximately caused by the disaster identified by the governor in the proclamation provided for in section 385-1 and was self-employed during the week in which the disaster occurred. See Hawaii Revised Statutes 385-2

• Claimant: means any insured making a first party claim or any person instituting a liability claim; provided that no person who is an affiliate of the insolvent insurer may be a claimant. See Hawaii Revised Statutes 431:16-105
• Class: means the general categories of insurance, as set forth in §§ 431:1-204 to 431:1-210, in which insurers may be authorized to transact the business of insurance. See Hawaii Revised Statutes 431:9A-102
• Class: means a group of positions that reflect sufficiently similar duties and responsibilities such that the same title and the same pay range may apply to each position allocated to the class. See Hawaii Revised Statutes 76-11
• Clean energy investments: means the purchase, installation, or both, of clean energy technology, including energy-efficiency measures, green transportation infrastructure, recycling, and renewable energy technology. See Hawaii Revised Statutes 196-61
• Clean energy technology: means any technology as defined in section 269-121(b). See Hawaii Revised Statutes 196-61
• Clean record: means no conviction for a felony or covered offense, if placed on probation or parole, completion of probation or parole without more than one revocation, and, for sex offenders, successful completion of an appropriate sex offender treatment program, if such program was ordered. See Hawaii Revised Statutes 846E-1
• Clear and conspicuous: means reasonably understandable and designed to call attention to the nature and significance of the information in the notice. See Hawaii Revised Statutes 431:3A-102
• Client company: means any person that enters into a professional employer agreement with a professional employer organization and has covered employees. See Hawaii Revised Statutes 373L-1
• Closing: means the permanent shutting down of all operations within a covered establishment due to the sale, transfer, merger, other business takeover or transaction of business interests, bankruptcy, or other close of business transaction that results in or may result in the layoff or termination of employees of a covered establishment by the employer. See Hawaii Revised Statutes 394B-2
• Coalition: means the Hawaii children's trust fund coalition. See Hawaii Revised Statutes 350B-1
• Coast Guard: means the Coast Guard of the United States, or its successor agency. See Hawaii Revised Statutes 200-23
• Coastal hazards: means any tsunami, hurricane, wind, wave, storm surges, high tide, flooding, erosion, sea level rise, subsidence, or point and nonpoint source pollution. See Hawaii Revised Statutes 205A-1
• Coastal zone management area: means all lands of the State and the area extending seaward from the shoreline to the limit of the State's police power and management authority, including the United States territorial sea. See Hawaii Revised Statutes 205A-1
• Coastal zone management program: means the comprehensive statement in words, maps, or other permanent media of communication, prepared, approved for submission, and amended by the State and approved by the United States government pursuant to Public Law No. See Hawaii Revised Statutes 205A-1
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Collective bargaining unit: means all of the employees of one employer (employed within the State), except that where the board has determined and certified that such employees engaged in a single craft, division, department, or plant as provided in section 377-5(b) constitute a separate bargaining unit they shall be so considered. See Hawaii Revised Statutes 377-1
• Collector: means any person or governmental agency which has been licensed to remove refuse in accordance with applicable ordinances and regulations. See Hawaii Revised Statutes 340A-1
• Combined DNA Index System: means the FBI's program of support for criminal justice DNA databases as well as the software used to run these databases. See Hawaii Revised Statutes 844G-1
• Commercial domicile: means the principal place from which the trade or business of the taxpayer is directed or managed. See Hawaii Revised Statutes 235-21
• Commercial feed: means all feed except:
  (1) Whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of section 144-6, that are distributed for use as feed or for mixing in feed;
  (2) Hay, straw, stover, silage, cobs, husks, and hulls when:

  (A) Unground; or

  (B) Unmixed with other materials;
  (3) Wet garbage;
  (4) Individual chemical compounds when not mixed with other materials; and
  (5) Unmixed feeding cane molasses, unmixed pineapple pulp, unmixed pineapple hay, and unmixed sugarcane hay. See Hawaii Revised Statutes 144-2
• Commercial high speed boating: means the use of an open power boat to provide high speed rides to passengers who pay compensation for the rides. See Hawaii Revised Statutes 200-23
• Commercial mobile radio service: means commercial mobile radio service under sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996, Title 47 United States Code § 151 et seq. See Hawaii Revised Statutes 138-1
• Commercial project: means an undertaking involving commercial or light industrial development, which includes a mixed-use development where commercial or light industrial facilities may be built into, adjacent to, under, or above residential units;

  (2) "Redevelopment project" means an undertaking for the acquisition, clearance, replanning, reconstruction, and rehabilitation, or a combination of these and other methods, of an area for a residential project, for an incidental commercial project, and for other facilities incidental or appurtenant thereto, pursuant to and in accordance with this chapter. See Hawaii Revised Statutes 206E-2

• Commercial property: means any existing or new real property not defined as a residential property, and shall include any property where there is a leasehold or possessory interest in the property and any multi-family dwelling or townhouse consisting of five or more units as well as agricultural property. See Hawaii Revised Statutes 196-61
• Commercial property assessed financing assessment: means the non-ad valorem special tax assessment that secures the repayment of financing obtained by an owner of commercial property for a qualifying improvement and that appears on a property tax bill. See Hawaii Revised Statutes 196-61
• Commercial property assessed financing assessment contract: means the financing contract, under the commercial property assessed financing program, by and among one or more commercial property assessed financing lenders, one or more commercial property owners, and the authority as the administrator of the commercial property assessed financing program for the acquisition or installation of qualifying improvements. See Hawaii Revised Statutes 196-61
• Commercial property assessed financing lender: means a financial institution as defined pursuant to § 412:1-109, or a private or public lender approved by the authority, as the administrator of the commercial property assessed financing program, to originate commercial property assessed financing assessment contracts, and which may include any successor or assignee of the lender as provided in the commercial property assessed financing assessment contract. See Hawaii Revised Statutes 196-61
• Commercial property assessed financing program: means a program to finance qualifying improvements on commercial properties that are repaid through a non-ad valorem special tax assessment on the commercial property owner's property tax bill. See Hawaii Revised Statutes 196-61
• Commission: means the Kaho'olawe island reserve commission. See Hawaii Revised Statutes 6K-2
• Commission: means the natural area reserves system commission. See Hawaii Revised Statutes 195-2
• Commission: means the animal species advisory commission. See Hawaii Revised Statutes 197-1
• Commission: means the interstate insurance product regulation commission established by this compact. See Hawaii Revised Statutes 431:30-102
• Commission: means the Hawaii state emergency response commission. See Hawaii Revised Statutes 128E-1
• Commissioner: means the insurance commissioner of the State of Hawaii. See Hawaii Revised Statutes 431:2D-102
• Commissioner: means the insurance commissioner of the State. See Hawaii Revised Statutes 431:3A-102
• Commissioner: means the insurance commissioner of the State. See Hawaii Revised Statutes 431:3B-101
• Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:14G-102
• Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:9A-102
• Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:22-101
• Commissioner: means the insurance commissioner of the State. See Hawaii Revised Statutes 431:26-101
• Commissioner: means the chief insurance regulatory official of a state. See Hawaii Revised Statutes 431:30-102
• Commissioning: means a quality-oriented process, which takes place during design and construction, for achieving, verifying, and documenting that the performance of facilities, systems, and assemblies meets defined objectives and criteria with regards to energy conservation design strategies and the energy performance of buildings. See Hawaii Revised Statutes 196-11
• Committee: means the local emergency planning committee within each county responsible for preparing hazardous material plans and performing other functions under the Emergency Planning and Community Right-to-Know Act of 1986 and [this chapter]. See Hawaii Revised Statutes 128E-1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Communications service: means a service capable of accessing, connecting with, or interfacing with a 911 system, by dialing, initializing, or otherwise activating the 911 system by means of a local telephone device, commercial mobile radio service device, Interconnected Voice over Internet Protocol device, indirect communication through a service bureau or call relay service, such as alarm companies, or any other means. See Hawaii Revised Statutes 138-1
• Communications service connection: means each telephone number or a device's unique identifier assigned to a residential or commercial subscriber by a communications service provider, without regard to technology deployed. See Hawaii Revised Statutes 138-1
• Communications service provider: means an entity that provides communications service to a subscriber. See Hawaii Revised Statutes 138-1
• Compact fluorescent lamp: means a compact low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes the following characteristics:
  (1) One base (end cap) of any type, including but not limited to screw, bayonet, two pins, and four pins;
  (2) Integrally ballasted or non-integrally ballasted;
  (3) Light emission between a correlated color temperature of one thousand seven hundred Kelvin and twenty-four thousand Kelvin and a Duv of +0. See Hawaii Revised Statutes 196-101
• Compacting state: means any state that has enacted this compact legislation and that has not withdrawn pursuant to § 431:30-119, or been terminated pursuant to § 431:30-120. See Hawaii Revised Statutes 431:30-102
• Companionship services for the aged or infirm: means those services that provide fellowship, care, and protection for an individual who, because of advanced age or physical or mental infirmity, cannot care for the individual's own needs. See Hawaii Revised Statutes 387-1
• company: includes every individual, partnership, society, unincorporated association, joint adventure, group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, trustee in bankruptcy, or other entity, whether such persons are doing business for themselves or in a fiduciary capacity, and whether the individuals are residents or nonresidents of the State, and whether the corporation or other association is created or organized under the laws of the State or of another jurisdiction. See Hawaii Revised Statutes 237-1
• Company: means a corporation, limited liability company, business trust, general or limited partnership, association, sole proprietorship, mutual benefit society, health maintenance organization, nonprofit corporation, or similar organization. See Hawaii Revised Statutes 431:3A-102
• Company: means the Hawaii employers' mutual insurance company established by this article. See Hawaii Revised Statutes 431:14A-102
• Compensation: means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered. See Hawaii Revised Statutes 196-81
• Compensation: means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. See Hawaii Revised Statutes 235-21
• Competent adult: means an individual eighteen years of age or older who has the capacity to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate mental health care decisions. See Hawaii Revised Statutes 327G-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means a written or documented oral communication to the insurance division primarily expressing a grievance, meaning an expression of dissatisfaction. See Hawaii Revised Statutes 431:2D-102
• Comprehensive market conduct examination: means a review of one or more lines of business of an insurer domiciled in this State that is not conducted for cause. See Hawaii Revised Statutes 431:2D-102
• Comptroller: means the comptroller of the State. See Hawaii Revised Statutes 237-1
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• 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.
• Confirmatory test: means a drug or alcohol test that uses a method of analysis determined by the director of health to be reliable in establishing the identity and quantity of alcohol, drugs, or metabolites of drugs detected in an initial screening test. See Hawaii Revised Statutes 329B-2
• Conservation: means to use and the use of all methods and procedures for the purpose of managing populations of aquatic life and wildlife and their habitats. See Hawaii Revised Statutes 197-1
• Consulting provider: means a physician licensed pursuant to chapter 453 who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease or advanced practice registered nurse licensed pursuant to chapter 457 who is qualified by specialty or experience to diagnose and prescribe medication. See Hawaii Revised Statutes 327L-1
• Consumer: means a person who acquires or possesses a cigarette or a tobacco product for personal consumption and not for resale or distribution. See Hawaii Revised Statutes 245-1
• Consumer: means an individual, or that individual's legal representative, who seeks to obtain, obtains, or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family, or household purposes, and about whom the licensee has nonpublic personal information. See Hawaii Revised Statutes 431:3A-102
• Consumer: means an individual, including but not limited to applicants, policyholders, insureds, beneficiaries, claimants, and certificate holders, who is a resident of this State and whose nonpublic information is in a licensee's possession, custody, or control. See Hawaii Revised Statutes 431:3B-101
• Consumer fireworks: include firework items commonly known as firecrackers that are single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one-quarter of an inch in diameter and contain a charge of not more than fifty milligrams of pyrotechnic composition, snakes, sparklers, fountains, and cylindrical or cone fountains that emit effects up to a height not greater than twelve feet above the ground, illuminating torches, bamboo cannons, whistles, toy smoke devices, wheels, and ground spinners that when ignited remain within a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, novelty or trick items, combination items, and other fireworks of like construction that are designed to produce the same or similar effects. See Hawaii Revised Statutes 132D-2
• Consumer goods: means goods that are used or bought for use primarily for personal, family, or household purposes. See Hawaii Revised Statutes 200A-2
• contiguous: means land adjoining or touching other property held by the same or related organization, and includes land divided by a public road. See Hawaii Revised Statutes 346F-3
• Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in section 490:1-303. See Hawaii Revised Statutes 200A-2
• Contract: means any policy of life, accident and health or sickness, credit life, credit disability, homeowners, and motor vehicle insurance covering personally owned or personally leased private passenger motor vehicles prepared for delivery by an insurer. See Hawaii Revised Statutes 431:10-102
• Contract: means an annuity contract; provided that the term "contract" shall not include an annuity used to fund an employment-based retirement plan or program where:

  (1) The insurer does not perform the record keeping services; or

  (2) The insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants. See Hawaii Revised Statutes 431:10D-653

• Contract carrier: means a person other than a public utility or taxicab which, under contracts or agreements, engages in the transportation of persons or property for compensation, by land, water, or air. See Hawaii Revised Statutes 239-2
• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Hawaii Revised Statutes 490:2-106
• contract owner: means the person who is identified as the legal owner under the terms of the policy or contract or who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the insurer. See Hawaii Revised Statutes 431:16-205
• Contractor: means any person, firm, or corporation installing, repairing, or servicing and responsible for the safe operation of any boiler, pressure system, amusement ride, or elevator and kindred equipment or structure inspected pursuant to this chapter. See Hawaii Revised Statutes 397-3
• Contractual obligation: means any obligation under a policy or contract or certificate under a group policy or contract, or portion thereof for which coverage is provided under § 431:16-203. See Hawaii Revised Statutes 431:16-205
• Contribution: means money payments made to the fund by the State, the counties, an employee-beneficiary, or a qualified-beneficiary. See Hawaii Revised Statutes 87A-1
• Control: means :

  (1) Ownership, control, or power to vote twenty-five per cent or more of the outstanding shares of any class of voting security of the company, directly or indirectly, or acting through one or more other persons;

  (2) Control in any manner over the election of a majority of the directors, trustees, or general partners or individuals exercising similar functions of the company; or

  (3) The power to exercise, directly or indirectly, a controlling influence over the management or policies of the company, as the commissioner determines. See Hawaii Revised Statutes 431:3A-102

• Control: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Hawaii Revised Statutes 431:16-105
• Control share acquisition: means an acquisition of shares of an issuing public corporation resulting in beneficial ownership by an acquiring person of a new range of voting power specified in this chapter, but does not include an acquisition:

  (1) Before or pursuant to an agreement entered into before July 1, 1987;

  (2) By a donee pursuant to an inter vivos gift not made to avoid this chapter or by a distributee as defined in chapter 560;

  (3) Pursuant to a security agreement not created to avoid this chapter;

  (4) Pursuant to a merger or share exchange executed in accordance with applicable law, if the issuing public corporation is a party to the plan of merger or share exchange;

  (5) From the issuing public corporation;

  (6) That is approved by resolution of the board of directors of the issuing public corporation before the acquisition occurs; or

  (7) That the board of directors of the issuing public corporation determines, by resolution before the acquisition occurs, is not a control share acquisition. See Hawaii Revised Statutes 414E-1

• Controlled substance: means a substance as defined in section 329-1. See Hawaii Revised Statutes 329C-1
• Controlled unaffiliated business: means , in the case of a pure captive insurance company, any person:

  (1) That is not in the corporate system of a parent and its affiliated entities;

  (2) That has an existing contractual relationship with a parent or one of its affiliated entities; and

  (3) Whose risks are managed by the pure captive insurance company. See Hawaii Revised Statutes 431:19-101

• convention center: means any combination of land, buildings, and improvements thereon, acquired or developed by the State, and includes exhibition halls, meeting rooms, a plenary session hall, and support space that reflect a Hawaiian sense of place; any other structure or facility required or useful for the operation of a convention center, including commercial, office, community service, parking, garage, and other supporting service structures; and, all necessary, useful, and related equipment, furnishings, and appurtenances. See Hawaii Revised Statutes 201B-1
• Conventional vehicle: means a vehicle powered solely by an internal combustion engine. See Hawaii Revised Statutes 196-2
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means a judgment on the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor, and occurs on the date judgment is entered. See Hawaii Revised Statutes 846E-1
• Coordinator: means the rehabilitation coordinator provided for in section 209-4. See Hawaii Revised Statutes 209-1
• 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.
• 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
• Cost: means the total cost in carrying out all undertakings that the development corporation deems reasonable and necessary for the development of a project or econimic zone, including but not limited to the cost of studies, surveys, plans, and specifications, architectural, design, engineering, or any other special related services; the cost of site preparation and development, demolition, construction, reconstruction, rehabilitation, and improvement; the cost of financing such project or econimic zone, including interest on bonds issued to finance such project or econimic zone from the date thereof to the estimated date of completion of such project or econimic zone as determined by the board; the cost of an allocable portion of the administrative and operating expenses of the development corporation related to the development of such project or econimic zone; and the cost of indemnity and surety bonds, premiums on policies of insurance, legal fees, and fees and expenses of trustees, depositories, and paying agents for the bonds, and for the issuance of letters of credit or other banking arrangements whether for the development corporation or a qualified person; all as the development corporation shall deem necessary. See Hawaii Revised Statutes 206M-1
• Cost-effective: means that utility bill savings are achieved by the installation of an energy-efficiency measure; provided that the utility bill savings exceed the energy-efficiency measure's installation and carrying costs in an amount sufficient to repay a loan issued pursuant to section 196- and in the manner required by that section. See Hawaii Revised Statutes 196-61
• Council: means the environmental advisory council established in this chapter. See Hawaii Revised Statutes 341-2
• Council: means the environmental advisory council. See Hawaii Revised Statutes 343-2
• Council: means the Hawaii employers' mutual insurance company oversight council. See Hawaii Revised Statutes 431:14A-102
• Council: means the Kaneohe Bay regional council. See Hawaii Revised Statutes 200D-1
• Counseling: means one or more consultations, which may be provided through telehealth, as necessary between a psychiatrist licensed under chapter 453, psychologist licensed under chapter 465, clinical social worker licensed pursuant to chapter 467E, advanced practice registered nurse or clinical nurse specialist licensed under chapter 457 with psychiatric or mental health training, or marriage and family therapist licensed pursuant to chapter 451J, and a patient for the purpose of determining that the patient is capable, and that the patient does not appear to be suffering from undertreatment or nontreatment of depression or other conditions that may interfere with the patient's ability to make an informed decision pursuant to this chapter. See Hawaii Revised Statutes 327L-1
• Counterclaim: A claim that a defendant makes against a plaintiff.
• counties: means the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui. See Hawaii Revised Statutes 50-2
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• County: means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui. See Hawaii Revised Statutes 48E-1
• County: means any county of the State. See Hawaii Revised Statutes 206E-2
• County: means the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui, the board of water supply of the city and county of Honolulu and the boards of water supply of the counties of Hawaii, Kauai, and Maui. See Hawaii Revised Statutes 49-1
• County: means any county or political subdivision of the State. See Hawaii Revised Statutes 135-1
• County: means the counties of Hawaii, Honolulu, Kauai, and Maui, including their respective boards of water supply and other quasi-independent boards, commissions, and agencies. See Hawaii Revised Statutes 87A-1
• County: shall include each county of the State, including the city and county of Honolulu. See Hawaii Revised Statutes 340A-1
• County agency: means a county or any officer or agency thereof. See Hawaii Revised Statutes 128E-1
• county director of budget and fiscal services: means the officer or officers of the county charged with the responsibility of administering the real property taxation function of the county. See Hawaii Revised Statutes 196-61
• County general plan: means the comprehensive long-range plan or development plan, if any, which has been adopted by ordinance or resolution by a county council. See Hawaii Revised Statutes 226-2
• Covered benefit: means those health care services to which a covered person is entitled under the terms of a health benefit plan. See Hawaii Revised Statutes 431:26-101
• Covered educational program or activity: means :
  (1) The University of Hawaii, the department of education, or public charter schools; or
  (2) Any educational program or activity that receives state financial assistance, in any amount, for any purpose; provided that this term does not exclude an educational program or activity that also receives federal funds. See Hawaii Revised Statutes 368D-3
• Covered employee: means an individual who performs services for a client company pursuant to a professional employer agreement. See Hawaii Revised Statutes 373L-1
• Covered establishment: means any industrial, commercial, or other business entity that employs at any time in the preceding twelve-month period, fifty or more persons. See Hawaii Revised Statutes 394B-2
• Covered offender: means a "sex offender" or an "offender against minors" as defined in this section. See Hawaii Revised Statutes 846E-1
• Covered offense: means a criminal offense that is:
  (1) A crime within the definition of "crimes against minors" in this section; or
  (2) A crime within the definition of "sexual offense" in this section. See Hawaii Revised Statutes 846E-1
• Covered person: means a policyholder, subscriber, enrollee, or other individual participating in a health benefit plan, offered or administered by a person or entity, including but not limited to an insurer governed by this chapter, a mutual benefit society governed by article 1 of chapter 432, and as a health maintenance organization governed by chapter 432D. See Hawaii Revised Statutes 431:26-101
• Covered policy: means any policy or contract or portion of a policy or contract for which coverage is provided under § 431:16-203. See Hawaii Revised Statutes 431:16-205
• Creative industries: means those sectors that comprise Hawaii's creative economy, including media, arts, culture, music, design, fashion, publishing, animation, interactive, and emerging media. See Hawaii Revised Statutes 201-111
• Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
• Credit hour: means the value assigned to an approved continuing education course that is equivalent to at least fifty minutes of classroom instruction. See Hawaii Revised Statutes 431:9A-102
• Credited service: means service as an officer or employee paid by the State or county, service during the period of leave of absence or exchange if the individual is paid by the State or county during the leave of absence or exchange, and service during the period of unpaid leave of absence or exchange if the individual is engaged in the performance of a governmental function or if the unpaid leave of absence is an approved leave of absence for professional improvement. See Hawaii Revised Statutes 87A-1
• Criminal conduct: means :

  (1) The commission of an offense punishable by imprisonment for more than one year;

  (2) The operation or use of a motor vehicle with the specific intent of causing injury or damage; or

  (3) The operation or use of a motor vehicle as a converter without a good faith belief by the operator or user that the operator or user is legally entitled to operate or use such vehicle. See Hawaii Revised Statutes 431:10C-103

• Cultural: means relating to the arts, customs, traditions, mores, and history of all of the various ethnic groups of Hawaii. See Hawaii Revised Statutes 132D-2
• cushion: includes only those that are filled with rubber, feathers, or down. See Hawaii Revised Statutes 332-1
• Custom-mixed feed: means a special commercial mixture that is formulated by the manufacturer or processor in accordance with the specific instructions of the final purchaser and contains feed material or materials wholly or partly supplied by the manufacturer or processor. See Hawaii Revised Statutes 144-2
• Cybersecurity event: means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on that information system. See Hawaii Revised Statutes 431:3B-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means a calendar day unless otherwise specified. See Hawaii Revised Statutes 76-11
• Dealer: means any person coming into the possession of cigarettes or tobacco products which have not been acquired from an authorized permit holder or licensee under this chapter, or any person rendering a distribution service who buys and maintains, at the person's place of business, a stock of cigarettes or tobacco products that have not been acquired from a licensee and who distributes or uses such cigarettes or tobacco products. See Hawaii Revised Statutes 245-1
• Dealer: means a person, including a manufacturer, in the business of selling vessels. See Hawaii Revised Statutes 200A-2
• Dealer: means the same as defined in § 245-1. See Hawaii Revised Statutes 132C-2
• Dealer: means , for the purpose of the section concerning explosives, any person, corporation, partnership, association, association of dealers, or other form of business enterprise engaged in the business of buying and selling explosives. See Hawaii Revised Statutes 396-3
• Death master file: means the United States Social Security Administration's death master file or any other database or service that is at least as comprehensive as the United States Social Security Administration's death master file for determining that a person has reportedly died. See Hawaii Revised Statutes 431:10D-653
• Death master file match: means a search of the death master file that results in a match of the social security number or the name and date of birth of an insured, annuity owner, or retained asset account holder. See Hawaii Revised Statutes 431:10D-653
• Debtor: means :
  (1) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;
  (2) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or
  (3) A consignee. See Hawaii Revised Statutes 200A-2
• Decarboxylated: means the completion of the chemical reaction that converts naturally occurring cannabinoid acid into a cannabinoid, including delta-9 tetrahydrocannabinol's acids (THCA) into delta-9-tetrahydrocannabinol. See Hawaii Revised Statutes 328G-1
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Delinquency proceeding: means any proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer, and any summary proceeding under section 431:15-201 or 431:15-202. See Hawaii Revised Statutes 431:15-103
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 6K-2
• Department: means the department of agriculture. See Hawaii Revised Statutes 141D-2
• Department: means the department of health. See Hawaii Revised Statutes 342C-1
• Department: means the department of health. See Hawaii Revised Statutes 342E-1
• Department: means the department of agriculture. See Hawaii Revised Statutes 155D-1
• Department: means the department of human services. See Hawaii Revised Statutes 346F-3
• Department: means department of land and natural resources. See Hawaii Revised Statutes 195D-2
• Department: means the department of human services. See Hawaii Revised Statutes 346G-3
• Department: means the department of taxation. See Hawaii Revised Statutes 245-1
• Department: means the department of business, economic development, and tourism, or any successor by law. See Hawaii Revised Statutes 196-61
• Department: means the department of human services and its authorized representatives. See Hawaii Revised Statutes 350C-2
• Department: means the department of health. See Hawaii Revised Statutes 327K-1
• Department: means the department of law enforcement. See Hawaii Revised Statutes 353C-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 195-2
• Department: means that department of the State that has jurisdiction over the administration of the correctional facilities. See Hawaii Revised Statutes 353D-2
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 195F-2
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 200-1
• Department: means the department of health. See Hawaii Revised Statutes 327L-1
• Department: means the department of corrections and rehabilitation. See Hawaii Revised Statutes 354D-2
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-1
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-61
• Department: means the department of health. See Hawaii Revised Statutes 327N-1
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-101.5
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-111
• Department: means the department of land and natural resources or any successor agency. See Hawaii Revised Statutes 196D-3
• Department: means the department of health. See Hawaii Revised Statutes 328G-1
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 372-2
• Department: means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of Honolulu, or other appropriate agency as designated by the county councils. See Hawaii Revised Statutes 205A-22
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 197-1
• Department: means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of Honolulu, or other appropriate agency as designated by the county councils. See Hawaii Revised Statutes 205A-41
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 373L-1
• Department: means the department of the attorney general. See Hawaii Revised Statutes 844G-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 200A-2
• Department: means the department of health. See Hawaii Revised Statutes 328J-1
• Department: means the department of health. See Hawaii Revised Statutes 328L-1
• Department: means the department of health. See Hawaii Revised Statutes 329B-2
• Department: means the department of health. See Hawaii Revised Statutes 329D-1
• Department: means the department of transportation. See Hawaii Revised Statutes 264-121
• Department: means the department of health. See Hawaii Revised Statutes 128E-1
• department: means the department of transportation. See Hawaii Revised Statutes 264-141
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 387-1
• Department: means the department of health. See Hawaii Revised Statutes 333F-1
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 390-1
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 394B-2
• Department: means any department, board, commission, or agency of a jurisdiction. See Hawaii Revised Statutes 76-11
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 396-3
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 397-3
• Dependent: A person dependent for support upon another.
• Dependent-beneficiary: means an employee-beneficiary's:

  (1) Spouse;

  (2) Child deemed eligible by the board, including a legally adopted child, stepchild, foster child, or recognized natural child, but excluding a child born or legally adopted more than ten months after the date of the death of:

  (A) An active employee killed in the performance of duty;

  (B) An active employee who was eligible to retire on the date of death; or

  (C) A retired employee-beneficiary; and

  (3) Unmarried child regardless of age who is incapable of self-support because of a mental or physical incapacity, which existed prior to the unmarried child's reaching the age of nineteen years. See Hawaii Revised Statutes 87A-1

• Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
• Determinable elements: means elements that are derived from processes or methods that are guaranteed at issue and not subject to company discretion but where the values or amounts cannot be determined until some point after issue. See Hawaii Revised Statutes 431:10D-601
• Developed losses: means losses (including loss adjustment expenses) adjusted, using standard actuarial techniques, to eliminate the effect of differences between current payment or reserve estimates and those needed to provide actual ultimate loss (including loss adjustment expense) payments. See Hawaii Revised Statutes 431:14-101.5
• Development: means any artificial change to real property that requires a county grading or building permit including but not limited to construction, expansion, enlargement, alteration, or erection of buildings or structures. See Hawaii Revised Statutes 264-121
• Development corporation: means the Hawaii technology development corporation established by section 206M-2. See Hawaii Revised Statutes 206M-1
• Developmental disabilities: means a severe, chronic disability of a person which:

  (1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

  (2) Is manifested before the person attains age twenty-two;

  (3) Is likely to continue indefinitely;

  (4) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic sufficiency; and

  (5) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. See Hawaii Revised Statutes 333F-1

• Devise: To gift property by will.
• Direct investment: means an investment by the corporation in qualified securities of an enterprise to provide capital to an enterprise. See Hawaii Revised Statutes 206M-1
• Direct payments: means governmental compensation of landowners for their discovery, care, maintenance, and recovery of endangered, threatened, proposed, or candidate species or their essential habitat. See Hawaii Revised Statutes 195D-2
• Director: means the director of health. See Hawaii Revised Statutes 340F-1
• Director: means the director of the office of planning and sustainable development. See Hawaii Revised Statutes 341-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 415A-2
• Director: means the director of health. See Hawaii Revised Statutes 342C-1
• Director: means the director of health. See Hawaii Revised Statutes 342E-1
• Director: means the director of the office of planning and sustainable development. See Hawaii Revised Statutes 343-2
• Director: means the director of business, economic development, and tourism, or the director's designee. See Hawaii Revised Statutes 196-61
• Director: means the director of law enforcement. See Hawaii Revised Statutes 353C-1
• Director: means the director of corrections and rehabilitation. See Hawaii Revised Statutes 354D-2
• Director: means the director of the office of veterans' services. See Hawaii Revised Statutes 363-1
• Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 201-101.5
• Director: means the director of health. See Hawaii Revised Statutes 328G-1
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 372-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 373-1
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 373L-1
• Director: means the director of health. See Hawaii Revised Statutes 328J-1
• Director: means the director of health. See Hawaii Revised Statutes 328L-1
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 381-1
• Director: means the director of health. See Hawaii Revised Statutes 329B-2
• Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 385-2
• Director: means the director of transportation. See Hawaii Revised Statutes 264-121
• Director: means the director of health. See Hawaii Revised Statutes 128E-1
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 387-1
• Director: means the director of health. See Hawaii Revised Statutes 333F-1
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 390-1
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 394B-2
• Director: means the director of health. See Hawaii Revised Statutes 334B-2
• Director: means the head of the central personnel agency for a jurisdiction regardless of title, whether it is the director of human resources development, director of personnel, director of personnel services, or personnel director. See Hawaii Revised Statutes 76-11
• Director: means the director of labor and industrial relations or the director's designee. See Hawaii Revised Statutes 396-3
• Director: means the director of the department of health. See Hawaii Revised Statutes 340A-1
• Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 209-1
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 397-3
• Director: means the director of health. See Hawaii Revised Statutes 340B-1
• Director of finance: means the director of finance of the various counties. See Hawaii Revised Statutes 49-1
• Disclosure document: means a document provided by an insurer to applicants or prospective applicants for an annuity contract that explains the terms of the contract and contains the information required in section 431:10D-603(d). See Hawaii Revised Statutes 431:10D-601
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Discretionary consent: means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent. See Hawaii Revised Statutes 343-2
• Discretionary consent: means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent. See Hawaii Revised Statutes 196D-3
• Dislocated worker: means an individual who:

  (1) Has been terminated or laid off or who has received a notice of termination or layoff from employment, is eligible for or has exhausted entitlement to unemployment compensation, and is unlikely to return to the person's previous industry or occupation;

  (2) Has been terminated or who has received a notice of termination of employment, as a result of any permanent closure of a business, partial closings, and relocation as defined in this section; or

  (3) Is a long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides, including any older individual who may have substantial barriers to employment by reason of age. See Hawaii Revised Statutes 394B-2

• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• dispensary: means a person licensed by the State pursuant to this chapter to own, operate, or subcontract no more than three production centers and up to two retail dispensing locations. See Hawaii Revised Statutes 329D-1
• dispensing: means the act of a licensed dispensary providing cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for a fee. See Hawaii Revised Statutes 329D-1
• Display: means the use of aerial devices, display fireworks, or articles pyrotechnic for any activity, including such activities as movie or television production. See Hawaii Revised Statutes 132D-2
• Display fireworks: means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as display fireworks or contained in the regulations of the United States Department of Transportation and designated as UN0333, UN0334, or UN0335, and includes salutes containing more than two grains (one hundred and thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks". See Hawaii Revised Statutes 132D-2
• Disqualified person: means any natural person, corporation, partnership, fiduciary, trust, association, government agency, or other entity which for any reason is or becomes ineligible under this chapter to own shares issued by a professional corporation. See Hawaii Revised Statutes 415A-2
• Distribute: means to offer for sale, sell, barter, or otherwise supply feed, commercial feeds, or custom-mixed feeds. See Hawaii Revised Statutes 144-2
• Distribute: means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance. See Hawaii Revised Statutes 329C-1
• Distributed energy resources: includes but is not limited to solar photovoltaic and thermal, wind, combined heat and power, electrical and thermal energy storage, demand response technologies, alternative energy vehicles and related infrastructure, microgrids, energy efficiency, and advanced inverters. See Hawaii Revised Statutes 196-2
• distribution: means to sell, ship, transfer, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same. See Hawaii Revised Statutes 245-1
• Distributor: means any person who distributes. See Hawaii Revised Statutes 144-2
• Distributor: means :

  (1) Every person who refines, manufactures, produces, or compounds fuel in the State and sells it at wholesale or retail, or who uses it directly in the manufacture of products or for the generation of power;

  (2) Every person who imports or causes to be imported into the State, or exports or causes to be exported from the State, any fuel;

  (3) Every person who acquires fuel through exchanges with another distributor; and

  (4) Every person who purchases fuel for resale at wholesale or retail rates from any person described in paragraph (1), (2), or (3). See Hawaii Revised Statutes 196-2

• District: means the Heeia community development district. See Hawaii Revised Statutes 206E-201
• District: means the stadium development district established by this part. See Hawaii Revised Statutes 206E-222
• District: means the transit-oriented development infrastructure improvement district within each county-designated transit-oriented development zone, or within a one-half mile radius of a proposed or existing transit station if the county has not designated transit-oriented development zones, as determined by the board. See Hawaii Revised Statutes 206E-242
• District: means the Pulehunui community development district. See Hawaii Revised Statutes 206E-262
• Diversion program: means a program administered by professionals to assist chemically dependent nurses in obtaining evaluation, counseling, monitoring, and ongoing support for rehabilitative purposes. See Hawaii Revised Statutes 334D-2
• Divestiture: means the transfer of any covered establishment from one employer to another because of the sale, transfer, merger, bankruptcy, or other business takeover or transaction of business interests that causes the covered establishment's employees to become dislocated workers. See Hawaii Revised Statutes 394B-2
• Division: means the division of occupational safety and health. See Hawaii Revised Statutes 397-3
• DNA: means deoxyribonucleic acid. See Hawaii Revised Statutes 844G-1
• DNA analysis: refers to the following process:

  (1) The taking of DNA samples from evidence containing DNA from a known individual or DNA of unknown origin;

  (2) The isolation of DNA to develop DNA profiles; and

  (3) The determination of the DNA test results. See Hawaii Revised Statutes 844G-1

• Documented vessel: means a vessel covered by a certificate of documentation issued pursuant to title 46 United States Code § 12105, as amended. See Hawaii Revised Statutes 200A-2
• Doing business: means transacting the business of insurance as defined in § 431:1-215, or operating, whether by mail or otherwise, as an insurer under a license or certificate of authority issued by the insurance division. See Hawaii Revised Statutes 431:15-103
• Domestic insurance holding company system: means an insurance holding company system that consists of an ultimate controlling person formed in this State prior to January 1, 2000, and its insurer affiliates, all of which are domestic insurers authorized to transact insurance business only in this State. See Hawaii Revised Statutes 431:11-102
• Domestic insurer: includes an insurer, a benefit society or a health maintenance organization. See Hawaii Revised Statutes 431:3-401
• Domestic service: means services of a household nature performed by an employee in or about a private home (permanent or temporary) of the person by whom he or she is employed. See Hawaii Revised Statutes 387-1
• Domiciliary state: means the state in which an insurer is incorporated or organized, or, in the case of an alien insurer, its state of entry. See Hawaii Revised Statutes 431:15-103
• Donee: The recipient of a gift.
• Donor: means any person, partnership, corporation, company, or association engaged in the farming, processing, distribution, wholesaling, or retailing of food products who donates such products, without remuneration, to a charitable, religious, or nonprofit organization. See Hawaii Revised Statutes 145D-1
• Donor: The person who makes a gift.
• Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than human and articles other than feed intended to affect the structure or any function of the animal body. See Hawaii Revised Statutes 144-2
• Drug: means a controlled substance as defined in chapter 329. See Hawaii Revised Statutes 329B-2
• Drug or alcohol dependent: means in a state of physical or psychological dependence, or both, arising from the use of a controlled substance or alcohol on a continuous basis that is characterized by behavioral and other responses, including but not limited to a strong compulsion to take the controlled substance or alcohol on a recurring basis, regardless of consequence, in order to experience its psychotropic effects or to avoid the discomfort of its absence. See Hawaii Revised Statutes 353G-2
• drug test: means a test conducted in a medically safe and appropriate manner to determine the presence or absence of alcohol or controlled substance metabolites, or to determine the recent or historical use of alcohol or a controlled substance by the subject of the test. See Hawaii Revised Statutes 353G-2
• Dry weight basis: refers to a method of determining the percentage of a chemical in a substance after removing the moisture from the substance. See Hawaii Revised Statutes 328G-1
• E-liquid: means any liquid or like substance, which may or may not contain nicotine, that is designed or intended to be used in an electronic smoking device, whether or not packaged in a cartridge or other container. See Hawaii Revised Statutes 245-1
• Economic development project: means an endeavor related to industrial, commercial, or advanced technology-based agricultural enterprise "Economic development project" shall not include that portion of an endeavor devoted to the construction of housing

  "Economic zone" means a tract of real property determined by the board as being suitable for use as building sites for projects by one or more industrial, processing, production, or manufacturing enterprises engaged in technology, including but not limited to high technology support facilities, such as greenhouses and manufacturing, value-added, processing, and packaging facilities; research; training; technical analyses; software development; pilot plant; energy development; or prototype product development. See Hawaii Revised Statutes 206M-1

• Economic zone: includes the installation of improvements to the tract incidental to the use of real property as an economic zone, such as water, sewer, sewage and waste disposal, and drainage facilities, sufficient to adequately service projects in the economic zone, and the provision of incidental transportation facilities, power distribution facilities, and communication facilities. See Hawaii Revised Statutes 206M-1
• Ecosystem: means all natural elements, physical and biological, of the habitat or site in which any aquatic life, wildlife, or land plant species is found, and upon which it is dependent. See Hawaii Revised Statutes 195D-2
• Educational program or activity: means an educational program or activity provided by or under a:
  (1) Private school that teaches students in any grade from kindergarten through grade twelve and that is licensed or accredited by the Hawaii Association of Independent Schools, Hawaii Council of Private Schools, Western Association of Schools and Colleges, Western Catholic Educational Association, Association of Christian Schools International, or a similarly recognized entity that meets or exceeds the standards set by the aforementioned entities;
  (2) Private trade, vocational, or technical schools, as defined in § 302A-101; or
  (3) Private university or college. See Hawaii Revised Statutes 368D-3
• Election: means a proceeding in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this chapter and shall include elections conducted by the board, or, unless the context clearly indicates otherwise, by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties. See Hawaii Revised Statutes 377-1
• Electric vehicle: means a vehicle powered by an electric motor via electricity:

  (1) Stored in a high capacity battery; or

  (2) Generated from an onboard fuel cell. See Hawaii Revised Statutes 196-2

• Electricity: means all electrical energy produced by combustion of any fuel, or generated or produced using wind, the sun, geothermal heat, ocean water, falling water, currents, and waves, or any other source. See Hawaii Revised Statutes 196-2
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 200A-2
• Electronic certificate of title: means a certificate of title consisting of information that is stored solely in an electronic medium and is retrievable in perceivable form. See Hawaii Revised Statutes 200A-2
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic smoking device: means any device that may be used to deliver any aerosolized or vaporized substance to a person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, vape pen, or electronic hookah. See Hawaii Revised Statutes 245-1
• Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately. See Hawaii Revised Statutes 328J-1
• Elevator: means a hoisting and lowering mechanism permanently installed in a structure, designed to carry passengers or authorized personnel, equipped with a car or platform which moves in fixed guides and serves two or more fixed landings. See Hawaii Revised Statutes 397-3
• Elevators and kindred equipment: means elevators, escalators, dumbwaiters, moving walks, stage lifts, inclined lifts, personnel hoists, permanently installed material lifts, and any other similar mechanized equipment used to convey people in places other than a public right-of-way. See Hawaii Revised Statutes 397-3
• Eligible: means in compliance with the FBI's specific requirements for a state's participation in the National DNA Index System, pursuant to the federal DNA Identification Act, title 34 U. See Hawaii Revised Statutes 844G-1
• Eligible borrower: means any person or family, irrespective of race, creed, national origin, or sex, who:

  (1) Has never before obtained a loan under this part; and

  (2) Meets other qualifications as established by rules adopted by the authority. See Hawaii Revised Statutes 206E-101

• Eligible loan: means a loan to an eligible borrower for the purchase of a reserved housing unit; provided that the property financed is located in the community development district, is and will be occupied as the principal place of residence by the eligible borrower, and meets other requirements as established by rules adopted by the authority. See Hawaii Revised Statutes 206E-101
• Emancipated minor: means a person under eighteen years of age who is totally self-supporting. See Hawaii Revised Statutes 327E-2
• Emancipated minor: means an individual less than eighteen years of age who is deemed to be emancipated pursuant to § 577-25. See Hawaii Revised Statutes 327G-2
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency: means the imminent or actual occurrence of an event, which has the likelihood of causing extensive injury, death, property damage, or impedes the safe and necessary movement of persons or vehicles over public highways, including but not limited to the spillage of hazardous material on a public highway or public place. See Hawaii Revised Statutes 135-1
• Employ: includes to permit or suffer to work. See Hawaii Revised Statutes 387-1
• Employee: means a person who may be permitted, required, or directed by an employer for wages or pay to engage in any employment and who has been employed by that employer for at least one year immediately preceding the commencement of leave provided under this chapter. See Hawaii Revised Statutes 398A-1
• Employee: includes any person, other than an independent contractor, working for another for hire in the State, and shall not be limited to the employees of a particular employer unless the context clearly indicates otherwise. See Hawaii Revised Statutes 377-1
• Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers the person's services for a nonprofit entity. See Hawaii Revised Statutes 328J-1
• Employee: means any person, whether or not a member of a labor organization, in the employ of a public utility and whose duties pertain or relate to the public utility service in which the public utility is engaged. See Hawaii Revised Statutes 381-1
• Employee: means any person employed by an employer. See Hawaii Revised Statutes 382-1
• Employee: includes any individual employed by an employer, but shall not include any individual employed:

  (1) At a guaranteed compensation totaling $2,000 or more a month, whether paid weekly, biweekly, or monthly;

  (2) In agriculture for any workweek in which the employer of the individual employs less than twenty employees or in agriculture for any workweek in which the individual is engaged in coffee harvesting;

  (3) In or about the home of the individual's employer:

  (A) In domestic service on a casual basis; or

  (B) Providing companionship services for the aged or infirm;

  (4) As a house parent in or about any home or shelter maintained for child welfare purposes by a charitable organization exempt from income tax under section 501 of the federal Internal Revenue Code;

  (5) By the individual's brother, sister, brother-in-law, sister-in-law, son, daughter, spouse, parent, or parent-in-law;

  (6) In a bona fide executive, administrative, supervisory, or professional capacity or in the capacity of outside salesperson or as an outside collector;

  (7) In the propagating, catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacean, sponge, seaweed, or other aquatic forms of animal or vegetable life, including the going to and returning from work and the loading and unloading of such products prior to first processing;

  (8) On a ship or vessel and who has a Merchant Mariners Document issued by the United States Coast Guard;

  (9) As a driver of a vehicle carrying passengers for hire operated solely on call from a fixed stand;

  (10) As a golf caddy;

  (11) By a nonprofit school during the time such individual is a student attending such school;

  (12) In any capacity if by reason of the employee's employment in such capacity and during the term thereof the minimum wage which may be paid the employee or maximum hours which the employee may work during any workweek without the payment of overtime, are prescribed by the federal Fair Labor Standards Act of 1938, as amended, or as the same may be further amended from time to time; provided that if the minimum wage which may be paid the employee under the Fair Labor Standards Act for any workweek is less than the minimum wage prescribed by § 387-2, then § 387-2 shall apply in respect to the employees for such workweek; provided further that if the maximum workweek established for the employee under the Fair Labor Standards Act for the purposes of overtime compensation is higher than the maximum workweek established under § 387-3, then § 387-3 shall apply in respect to such employee for such workweek; except that the employee's regular rate in such an event shall be the employee's regular rate as determined under the Fair Labor Standards Act;

  (13) As a seasonal youth camp staff member in a resident situation in a youth camp sponsored by charitable, religious, or nonprofit organizations exempt from income tax under section 501 of the federal Internal Revenue Code or in a youth camp accredited by the American Camping Association; or

  (14) As an automobile salesperson primarily engaged in the selling of automobiles or trucks if employed by an automobile or truck dealer licensed under chapter 437. See Hawaii Revised Statutes 387-1

• Employee: means any individual engaged in service to an employer. See Hawaii Revised Statutes 394B-2
• Employee: means every natural person who is required or directed or permitted or suffered by any employer to engage in any employment, or to go to work or be at any time in any place of employment. See Hawaii Revised Statutes 396-3
• Employee: means an employee or officer of the State, county, or legislature,

  (1) Including:

  (A) An elective officer;

  (B) An officer or employee under an authorized leave of absence;

  (C) An employee of the Hawaii national guard although paid from federal funds;

  (D) A retired member of the employees' retirement system; the county pension system; or the police, firefighters, or bandsmen pension system of the State or county;

  (E) A salaried and full-time member of a board, commission, or agency appointed by the governor or the mayor of a county; and

  (F) A person employed by contract for a period not exceeding one year, where the director of human resources development, personnel services, or civil service has certified that the service is essential or needed in the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures,

  (2) But excluding:

  (A) A designated beneficiary of a retired member of the employees' retirement system; the county pension system; or the police, firefighters, or bandsmen pension system of the State or county;

  (B) Except as allowed under paragraph (1)(F), a person employed temporarily on a fee or contract basis; and

  (C) A part-time, temporary, and seasonal or casual employee. See Hawaii Revised Statutes 87A-1

• Employee benefit plan: means any plan, fund, or program which was heretofore or is hereafter established in and under the laws of a state other than Hawaii by an employer or by an employee organization, or both, for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or annuity contracts or otherwise, medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death, or unemployment, or retirement benefits, and includes any profit-sharing plan which provides benefits at or after retirement. See Hawaii Revised Statutes 207-11
• Employee benefits: means all benefits, other than salary and wages, provided or made available to an employee by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer. See Hawaii Revised Statutes 398A-1
• employee organization: means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning an employee benefit plan or other matters incidental to employment relationships or any employees' beneficiary association organized for the purpose, in whole or in part, of establishing such a plan. See Hawaii Revised Statutes 207-11
• Employee-beneficiary: means :

  (1) An employee;

  (2) The beneficiary of an employee who is killed in the performance of the employee's duty, including:

  (A) The surviving child, if there is no surviving parent who is eligible to be an employee-beneficiary and the child is unmarried and under the limiting age as defined by the board; and

  (B) The surviving spouse, if the surviving spouse does not subsequently remarry;

  (3) An employee who retired prior to 1961; and

  (4) The beneficiary of a retired member of the employees' retirement system; a county pension system; or a police, firefighters, or bandsmen pension system of the State or a county, upon the death of the retired member, including:

  (A) The surviving child, if there is no surviving parent who is eligible to be an employee-beneficiary and the child is unmarried and under the limiting age as defined by the board; and

  (B) The surviving spouse, if the surviving spouse does not subsequently remarry;

  provided that the employee, the employee's beneficiary, or the beneficiary of the deceased retired employee is deemed eligible by the board to participate in a health benefits plan or long-term care benefits plan under this chapter. See Hawaii Revised Statutes 87A-1

• Employees: includes compensated officers, managers, and employees of a firm, corporation, partnership, sole proprietor, trust, estate, or members of an unincorporated association or nonprofit organization. See Hawaii Revised Statutes 431:12-101
• Employer: means any private:

  (1) Person;

  (2) Partnership;

  (3) Corporation;

  (4) Association; or

  (5) Other business entity,

  that employs fifty or more employees. See Hawaii Revised Statutes 398A-1

• Employer: includes any firm, corporation, partnership, sole proprietorship, trust, estate, and unincorporated association or nonprofit organization; it also includes the State, any county, any municipal corporation, and any governmental unit, agency, or department thereof. See Hawaii Revised Statutes 431:12-101
• Employer: means any individual, partnership, corporation, or association, employing or seeking to employ any person for hire. See Hawaii Revised Statutes 373-1
• Employer: means a person, business, partnership, association, corporation, including the State or any of its political subdivisions, a trust, or nonprofit entity that employs the services of one or more individual persons, but shall not include the United States. See Hawaii Revised Statutes 328J-1
• Employer: means a person who engages the services of an employee, and includes any person acting on behalf of an employer, but shall not include the State or any political subdivision thereof, or any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact. See Hawaii Revised Statutes 377-1
• Employer: means any person who employs the services of employees in the stevedoring industry, but shall not include the State or any agency thereof. See Hawaii Revised Statutes 382-1
• Employer: includes any individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the State or any political subdivision thereof or the United States. See Hawaii Revised Statutes 387-1
• Employer: includes any individual, partnership, association, joint stock company, trust, corporation, the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same, employing any person, but shall not include the State or any political subdivision thereof or the United States. See Hawaii Revised Statutes 390-1
• Employer: means any individual or entity that, directly or indirectly, owns, operates, or has a controlling interest in a covered establishment, excluding the State or any political subdivision thereof. See Hawaii Revised Statutes 394B-2
• Employer: means :

  (1) The State and every state agency;

  (2) Each county and all public and quasi-public corporations and public agencies therein;

  (3) Every person which has any natural person in service;

  (4) The legal representative of any deceased employer;

  (5) Every person having direction, management, control, or custody of any employment, place of employment, or any employee. See Hawaii Revised Statutes 396-3

• Employment: includes the carrying on of any trade, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged to work for hire except domestic service in or about a private home. See Hawaii Revised Statutes 396-3
• Employment agency: means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received, but shall not include the United States or the State or instrumentalities thereof. See Hawaii Revised Statutes 373-1
• Enclosed indoor facility: means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from the elements of weather. See Hawaii Revised Statutes 328G-1
• Enclosed indoor facility: means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from any exterior view and elements of weather; provided that the roof of an enclosed indoor facility utilized as a production center pursuant to a medical cannabis dispensary license application or license renewal application submitted after January 29, 2016, may be partially or completely transparent or translucent. See Hawaii Revised Statutes 329D-1
• Enclosed or partially enclosed: means closed in by a roof or overhang and at least two walls. See Hawaii Revised Statutes 328J-1
• Endangered species: means any species whose continued existence as a viable component of Hawaii's indigenous fauna or flora is determined to be in jeopardy and has been so designated pursuant to § 195D-4. See Hawaii Revised Statutes 195D-2
• Endangered Species Act: means the Endangered Species Act of 1973, 87 Stat. See Hawaii Revised Statutes 195D-2
• Energy: means work or heat that is, or may be, produced from any fuel or source whatsoever. See Hawaii Revised Statutes 196-2
• Energy resources: means fuel, and also includes all electrical or thermal energy produced by combustion of any fuel, or generated, produced, or stored using wind, the sun, geothermal heat, ocean water, falling water, currents, waves, or any other source. See Hawaii Revised Statutes 196-2
• ENERGY STAR: means a labeling program introduced by the United States Environmental Protection Agency in 1992 as a voluntary labeling program designed to identify and promote energy-efficient products, in order to reduce carbon dioxide emissions. See Hawaii Revised Statutes 196-11
• Energy-efficiency measure: means any type of project conducted, or technology implemented, to reduce the consumption of energy in a public building. See Hawaii Revised Statutes 196-61
• Enforcement officer: means a police officer and any other state or county officer charged with the enforcement of state laws. See Hawaii Revised Statutes 200-61
• Enrollee: means a person who enters into a contractual relationship or who is provided with health care services or benefits through a managed care plan. See Hawaii Revised Statutes 431:14G-102
• Enterprise: includes any sole proprietorship, partnership, corporation, association, and any union or group of individuals associated for a particular purpose although not a legal entity. See Hawaii Revised Statutes 842-1
• Enterprise: means a person with a place of business in Hawaii which is, or proposes to be, engaged in business in Hawaii; provided that the endeavor shall not be devoted to the sale of goods at retail, construction of housing, or tourism- related services. See Hawaii Revised Statutes 206M-1
• Enterprise risk: means any activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including but not limited to anything that would cause the insurer's risk-based capital to fall into company action level as set forth in § 431:3-403 or would cause the insurer to be in hazardous financial condition as pursuant to section 431:15-103. See Hawaii Revised Statutes 431:11-102
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity. See Hawaii Revised Statutes 245-1
• Environment: means the complex of physical and biological conditions that influence human well-being, including land, air, water, minerals, flora, fauna, energy, noise, and places of historic or aesthetic significance. See Hawaii Revised Statutes 344-2
• Environment: means any waters, including surface water, ground water, or drinking water; any land surface or any subsurface strata; or any ambient air, within the State or under the jurisdiction of the State. See Hawaii Revised Statutes 128E-1
• Environmental assessment: means a written evaluation to determine whether an action may have a significant effect. See Hawaii Revised Statutes 343-2
• Environmental impact statement: means , as applicable, an informational document prepared in compliance with chapter 343 or with the National Environmental Policy Act of 1969 (Public Law 91-190). See Hawaii Revised Statutes 196D-3
• 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}
• Equity security: means any stock or similar security; any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; any such warrant or right; or any security that the commissioner, by rules and regulations as the commissioner may prescribe in the public interest or for the protection of investors, designates as an equity security. See Hawaii Revised Statutes 431:4-101
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Exclusive employment: means a qualified boiler inspector who is employed on a full-time or part-time basis to provide inspection services within the scope of their National Board commission exclusively for only one authorized inspection agency or owner-user inspection organization. See Hawaii Revised Statutes 397-3
• Executive director: means the executive director of the office of youth services. See Hawaii Revised Statutes 352D-3
• Executive officer: means chief executive officer, chief operating officer, chief financial officer, treasurer, secretary, controller, or any other individual performing functions corresponding to those performed by the foregoing officers under whatever title. See Hawaii Revised Statutes 431:11-102
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• Exempt commercial purchaser: means any person purchasing commercial insurance which, at the time of placement, employs or retains a qualified risk manager to negotiate insurance coverage; and has paid aggregate nationwide commercial property and casualty insurance premiums in excess of $100,000 in the immediately preceding twelve months. See Hawaii Revised Statutes 431:8-102
• Expenses: means that portion of a rate attributable to acquisition, field supervision, collection expenses, general expenses, taxes, licenses, and fees; provided that no tax credit received by any insurer under § 431:7-207 shall reduce the expenses of the insurer for purposes of determining the insurer's rate under this article for the first year of any insurer's rate which is approved pursuant to this article and for which the insurer submits before July 1, 1993, a filing pursuant to the applicable sections of this code to modify the rate in existence on June 30, 1992. See Hawaii Revised Statutes 431:14-101.5
• Extra-contractual claims: shall include , but not be limited to, claims relating to bad faith in the payment of claims, punitive or exemplary damages, or attorneys' fees and costs. See Hawaii Revised Statutes 431:16-205
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Extremely hazardous substance: means any substance listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 355, as amended, or as defined by rules adopted by the commission. See Hawaii Revised Statutes 128E-1
• Facility: means a building or buildings or similar structure owned or leased by, or otherwise under the jurisdiction of, an agency. See Hawaii Revised Statutes 196-11
• Facility: means an institution providing health care services or a health care setting, including hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, urgent care centers, diagnostic facilities, laboratories, and imaging centers, and rehabilitation and other therapeutic health settings licensed or certified by the department of health under chapter 321. See Hawaii Revised Statutes 431:26-101
• Facility: means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly-owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor carrier, rolling stock, aircraft, site, or area where a hazardous substance or pollutant or contaminant has been deposited, stored, disposed of, or placed, or otherwise comes to be located. See Hawaii Revised Statutes 128E-1
• Fair consideration: means consideration given for property or obligation:
  (1) When in exchange for such property or obligation, as a fair equivalent therefor, and in good faith, property is conveyed or services are rendered or an obligation is incurred or an antecedent debt is satisfied; or
  (2) When such property or obligation is received in good faith to secure a present advance or antecedent debt in an amount not disproportionately small as compared to the value of the property or obligation obtained. See Hawaii Revised Statutes 431:15-103
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• 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.
• Farming operation: includes but shall not be limited to:

  (1) Agricultural-based commercial operations as described in section [205-2(d)(15)];

  (2) Noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural facility or pursuit;

  (3) Operation of machinery and irrigation pumps;

  (4) Ground and aerial seeding and spraying;

  (5) The application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and

  (6) The employment and use of labor. See Hawaii Revised Statutes 165-2

• Faucet: means a lavatory faucet, kitchen faucet, metering faucet, or replacement aerator for a lavatory or kitchen faucet. See Hawaii Revised Statutes 196-81
• FDA: means the United States Food and Drug Administration. See Hawaii Revised Statutes 328G-1
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal laws and requirements: means all statutes, rules, and other laws of the United States, which may apply to any and all subject matter of this part, and of the rules adopted pursuant to this part. See Hawaii Revised Statutes 200-23
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• federally tax-qualified long-term care insurance contract: means an individual or group insurance contract that meets the requirements of section 7702B (b) of the Internal Revenue Code of 1986, as amended, as follows:

  (1) The only insurance protection provided under the contract is coverage of qualified long-term care services. See Hawaii Revised Statutes 431:10H-104

• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Feed: means all edible materials consumed by animals, other than dogs, cats, or other domestic pets, that contribute energy or nutrients to the animal's diet and are distributed or imported. See Hawaii Revised Statutes 144-2
• Feed ingredient: means each of the constituent materials making up a feed. See Hawaii Revised Statutes 144-2
• Fiduciary: A trustee, executor, or administrator.
• 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
• Financing order: means the same as defined in section 269A-161. See Hawaii Revised Statutes 196-61
• Financing party: means the same as defined in section 269A-161. See Hawaii Revised Statutes 196-61
• Fireworks: means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and that meets the definition of aerial device or consumer or display fireworks as defined by this section and contained in the regulations of the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations. See Hawaii Revised Statutes 132D-2
• Fiscal year: means a twelve-month period from July 1 of a particular calendar year to June 30 of the following calendar year, inclusive. See Hawaii Revised Statutes 346G-3
• 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.
• Flesch reading ease test: means the test set forth in section 431:10-106. See Hawaii Revised Statutes 431:10-102
• Food product: means any fowl, seafood, animal, vegetable, or other stuff, product, or article which is customary food fit for human consumption, including prepared, canned, milk, dairy, and farm products, before or after the expiration date stamped on the products, if any. See Hawaii Revised Statutes 145D-1
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign conviction: means a conviction under the laws of:
  (1) Canada, United Kingdom, Australia, or New Zealand; or
  (2) Any other foreign country, if the United States Department of State, in its Country Reports on Human Rights Practices, has concluded that an independent judiciary vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred and enforces the right to a fair trial to the same or higher standard as the countries listed in paragraph (1). See Hawaii Revised Statutes 846E-1
• Foreign country: means any other jurisdiction not in any state. See Hawaii Revised Statutes 431:15-103
• Foreign documented vessel: means a vessel the ownership of which is recorded in a registry maintained by a country other than the United States that identifies each person that has an ownership interest in a vessel and includes a unique alphanumeric designation for the vessel. See Hawaii Revised Statutes 200A-2
• Foreign lender: means :

  (1) "A depository institution" as defined in section 501(a)(2) of the federal Depository Institutions Deregulation and Monetary Control Act of 1980, a "real estate investment trust" as defined in the Internal Revenue Code, an insurance company, the principal office of which is in another state, whether incorporated or unincorporated and whether acting in its individual capacity or in a fiduciary capacity;

  (2) The trustee or trustees from time to time in office of any employee benefit plan;

  (3) A lender approved by the Secretary of the United States Department of Housing and Urban Development for participation in any mortgage insurance program under the National Housing Act;

  (4) Any corporation of which all of the capital stock (except the directors' qualifying shares) is owned by one or more foreign lenders specified in paragraphs (1), (2), and (3); and

  (5) Any corporation of which all of the capital stock (except for the directors' qualifying shares) is owned by one or more foreign lenders specified in paragraph (4);

  provided that the term "foreign lender" does not include any financial services loan company licensed under article 9 of chapter 412. See Hawaii Revised Statutes 207-11

• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Form: means a provider orders for life-sustaining treatment form adopted by the department. See Hawaii Revised Statutes 327K-1
• Fraud: Intentional deception resulting in injury to another.
• Friends of the judiciary history center: means the nonprofit citizens group organized to support the center. See Hawaii Revised Statutes 6F-1
• Fuel: means fuels, whether liquid, solid, or gaseous, commercially usable for energy needs, power generation, and fuels manufacture, that may be manufactured, grown, produced, or imported into the State or that may be exported therefrom, including petroleum and petroleum products and gases to include all fossil fuel-based gases, coal tar, vegetable ferments, biomass, municipal solid waste, biofuels, hydrogen, agricultural products used as fuels and as feedstock to produce fuels, and all fuel alcohols. See Hawaii Revised Statutes 196-2
• Functional plan: means a plan setting forth the policies, statewide guidelines, and priorities within a specific field of activity, when such activity or program is proposed, administered, or funded by any agency of the State. See Hawaii Revised Statutes 226-2
• fund: means the Hawaii children's trust fund. See Hawaii Revised Statutes 350B-1
• Fund: means the forest stewardship fund as established by § 195F-4. See Hawaii Revised Statutes 195F-2
• Fund: means the Hawaii film and creative industries development special fund. See Hawaii Revised Statutes 201-111
• Fund: means the Heeia community development special fund. See Hawaii Revised Statutes 206E-201
• Fund: means the transit-oriented development infrastructure improvement district special fund established under section 206E-G. See Hawaii Revised Statutes 206E-242
• Fund: means the Pulehunui community development district special fund. See Hawaii Revised Statutes 206E-262
• Fund: means the additional unemployment compensation fund established by this chapter. See Hawaii Revised Statutes 385-2
• Fund: means the Hawaii state compensation mutual insurance fund. See Hawaii Revised Statutes 386A-1
• Fund: means the Hawaii employer-union health benefits trust fund established in section 87A-30. See Hawaii Revised Statutes 87A-1
• fund: means the special fund established by section 138-3. See Hawaii Revised Statutes 138-1
• Gainful occupation: means any activity which produces pecuniary gain for any person or persons connected therewith. See Hawaii Revised Statutes 390-1
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gender identity or expression: includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression; regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth. See Hawaii Revised Statutes 846-51
• General assets: means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons or classes of persons. See Hawaii Revised Statutes 431:15-103
• Generator: means any person or governmental agency which generates solid waste. See Hawaii Revised Statutes 340A-1
• Generic name: means a short title descriptive of the annuity contract being applied for or illustrated, such as "single premium deferred annuity". See Hawaii Revised Statutes 431:10D-601
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Hawaii Revised Statutes 200A-2
• Governing body: means the body, council, or board charged with exercising the legislative authority of a county. See Hawaii Revised Statutes 48E-1
• Governing body: means council of each county, or any other body exercising the legislative powers of the county. See Hawaii Revised Statutes 49-1
• Governing body: means the board of directors, subscriber's advisory committee, membership, or other entity responsible for the governance of a captive insurance company. See Hawaii Revised Statutes 431:19-101
• Government: means the State, or any of its political subdivisions, agencies, and instrumentalities, corporate or otherwise. See Hawaii Revised Statutes 201-1
• Government entity: means any department, unit, or agency, of the federal, state, or county governments. See Hawaii Revised Statutes 137-1
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Green energy money saver on-bill program: means the tariff-based on-bill repayment mechanism approved for the exclusive use of the authority by the commission. See Hawaii Revised Statutes 196-61
• Green infrastructure bond fund: means the special fund created pursuant to section 196-67. See Hawaii Revised Statutes 196-61
• Green infrastructure charge: means the on-bill charges for the use and services of the loan program, including the repayment of loans made under the loan program, as authorized by the public utilities commission to be imposed on electric utility customers. See Hawaii Revised Statutes 196-61
• Green infrastructure costs: means costs incurred or to be incurred by the electric utility customers to pay for clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure including, without limitation, the purchase or installation of green infrastructure equipment, programs, and services authorized by the loan program. See Hawaii Revised Statutes 196-61
• Green infrastructure equipment: means infrastructure improvements, equipment, and personal property to be installed to deploy clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure. See Hawaii Revised Statutes 196-61
• Green infrastructure fee: means the same as defined in section 269-161. See Hawaii Revised Statutes 196-61
• Green infrastructure loan program order: means the same as defined in section 269-161. See Hawaii Revised Statutes 196-61
• green infrastructure loans: means the program established by this part under § 196-62 and capitalized by the issuance of green energy market securitization bonds to finance the purchase or installation of green infrastructure equipment for clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure, programs, and services as authorized by the public utilities commission using the proceeds of bonds . See Hawaii Revised Statutes 196-61
• Green infrastructure property: means the same as defined in section 269-161. See Hawaii Revised Statutes 196-61
• Green infrastructure special fund: means the special fund created pursuant to section 196-67. See Hawaii Revised Statutes 196-61
• gross income: includes charges billed for mobile telecommunications services provided by a home service provider to a customer with a place of primary use in this State when the mobile telecommunications services originate and terminate within the same state; provided that all such charges for mobile telecommunications services that are billed by or for the home service provider are deemed to be provided by the home service provider at the customer's place of primary use, regardless of where the mobile telecommunications services originate, terminate, or pass through. See Hawaii Revised Statutes 239-2
• gross premiums: as used in this part shall not include consideration paid for annuities. See Hawaii Revised Statutes 431:7-201
• Group long-term care insurance: means a long-term care insurance policy which is delivered or issued for delivery in this State and issued to:

  (1) One or more employers or labor organizations, or a trust or to the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees or a combination thereof or for members or former members or a combination thereof, of the labor organizations; or

  (2) Any professional, trade, or occupational association for its members or former or retired members, or combination thereof, if the association:

  (A) Is composed of individuals all of whom are or were actively engaged in the same profession, trade, or occupation; and

  (B) Has been maintained in good faith for purposes other than obtaining insurance; or

  (3) An association or a trust or the trustees of a fund established, created, or maintained for the benefit of members of one or more associations. See Hawaii Revised Statutes 431:10H-104

• Group-wide supervisor: means the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the commissioner under section 431:11-107. See Hawaii Revised Statutes 431:11-102
• Guaranteed elements: means :

  (1) Premiums;

  (2) Credited interest rates, including any bonus;

  (3) Benefits;

  (4) Values;

  (5) Non-interest-based credits;

  (6) Charges; or

  (7) Elements of formulas used to determine any of the above, which are guaranteed and determined at issue. See Hawaii Revised Statutes 431:10D-601

• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guaranty association: means the Hawaii insurance guaranty association created by part I of article 16, the Hawaii life and disability insurance association created by part II of article 16, and any other similar entity now or hereafter created by the legislature of this State for the payment of claims of insolvent insurers. See Hawaii Revised Statutes 431:15-103
• Guardian: means a judicially appointed guardian having authority to make a health-care decision for an individual. See Hawaii Revised Statutes 327E-2
• 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.
• Guardian: means a judicially appointed guardian or conservator having authority to make a mental health care decision for a principal, appointed under part 3 of article V of chapter 560. See Hawaii Revised Statutes 327G-2
• Guidelines: means a stated course of action which is desirable and should be followed unless a determination is made that it is not the most desirable in a particular case; thus, a guideline may be deviated from without penalty or sanction. See Hawaii Revised Statutes 226-2
• Habilitation: means the process by which the staff of an agency assists an individual to cope more effectively with the demands of his or her own person and environment and to raise the level of his or her physical, mental, and social functioning. See Hawaii Revised Statutes 333F-1
• Habitat: means a locality or environment in which aquatic life, wildlife or land plants (as defined in chapter 195D) grow or live. See Hawaii Revised Statutes 197-1
• Habitat banking: means a program that would allow a landowner, on whose property are found endangered, threatened, proposed, or candidate species or their essential habitat that would be impacted by a project being conducted on the property to purchase another property on which those affected species are found for the purposes of preserving those species as part of an approved habitat conservation plan. See Hawaii Revised Statutes 195D-2
• Halon: means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, including, without limitation, those compounds known as Halon-1301, Halon-1211, and Halon-2402. See Hawaii Revised Statutes 342C-1
• Hate crime: means any criminal act in which the perpetrator intentionally selected a victim, or in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person. See Hawaii Revised Statutes 846-51
• Hate crime data: means information, incident reports, records, and statistics relating to hate crimes, collected by the attorney general. See Hawaii Revised Statutes 846-51
• Hawaii state plan: means a long-range comprehensive plan, including the overall theme, goals, objectives, policies, priority guidelines, and implementation mechanisms established in this chapter. See Hawaii Revised Statutes 226-2
• hazardous substance: means any hazardous substance as defined in chapter 128D. See Hawaii Revised Statutes 128E-1
• Health benefit plan: means a policy, contract, certificate, or agreement entered into, offered by, or issued by a health carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services pursuant to chapter 87A, 431, 432, or 432D. See Hawaii Revised Statutes 431:26-101
• Health benefits plan: means :

  (1) A group insurance contract or service agreement that may include medical, hospital, surgical, prescribed drugs, vision, and dental services, in which a carrier agrees to provide, pay for, arrange for, or reimburse the cost of the services as determined by the board; or

  (2) A similar schedule of benefits established by the board and provided through the fund on a self-insured basis. See Hawaii Revised Statutes 87A-1

• Health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition, including:

  (1) Selection and discharge of health-care providers and institutions;

  (2) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and

  (3) Direction to provide, withhold, or withdraw artificial nutrition and hydration; provided that withholding or withdrawing artificial nutrition or hydration is in accord with generally accepted health care standards applicable to health-care providers or institutions. See Hawaii Revised Statutes 327E-2

• Health care facility: means an office or institution, including all waiting rooms, hallways, private rooms, semiprivate rooms, and wards, which provides care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. See Hawaii Revised Statutes 328J-1
• Health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 327G-2
• Health care professional: means a physician or other health care practitioner licensed, accredited, or certified to perform specified health care services consistent with the practitioner's scope of practice under state law. See Hawaii Revised Statutes 431:26-101
• Health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327G-2
• Health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of the individual's business or profession. See Hawaii Revised Statutes 327K-1
• Health care provider: means a person licensed, certified, or otherwise authorized or permitted by the law of this State to administer health care or dispense medication in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327L-1
• Health care provider: means any person, corporation, facility, or institution licensed by this State to provide health care services, including but not limited to a physician, hospital or other health care facility, nurse, psychologist, or substance abuse counselor, and officer, employee, or agent of such provider acting in the course and scope of employment or agency related to health care services. See Hawaii Revised Statutes 334B-2
• Health care services: means services for the diagnosis, prevention, treatment, cure, or relief of a physical, mental, or behavioral health condition, illness, injury, or disease, including mental health and substance use disorders. See Hawaii Revised Statutes 431:26-101
• Health care services: means diagnosis, treatment, medical or psychological evaluation or advice, or other acts as permissible under the health care licensing statutes of this State. See Hawaii Revised Statutes 334B-2
• Health information: means any information or data except age or gender, whether oral or recorded in any form or medium, created by or derived from a health care provider or the consumer that relates to:

  (1) The past, present, or future physical, mental, or behavioral health or condition of an individual;

  (2) The provision of health care to an individual; or

  (3) Payment for the provision of health care to an individual. See Hawaii Revised Statutes 431:3A-102

• Health maintenance organization: means a health maintenance organization authorized under § 432D-2. See Hawaii Revised Statutes 431:3-401
• Health-care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care. See Hawaii Revised Statutes 327E-2
• Health-care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 327E-2
• Health-care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327E-2
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Hemp: means Cannabis sativa L. See Hawaii Revised Statutes 328G-1
• Hemp biomass: means the leaf and floral parts of hemp plant material. See Hawaii Revised Statutes 328G-1
• Hemp processor: means a person who processes hemp biomass or prepares a manufactured hemp product. See Hawaii Revised Statutes 328G-1
• Heritage program: means a comprehensive natural resource inventory data base for public information that includes the location of rare plants, animals, and natural communities (ecosystems) in the State. See Hawaii Revised Statutes 195-2
• High color rendering index fluorescent lamp: means a fluorescent lamp with a color rendering index of eighty-seven or greater that is not a compact fluorescent lamp. See Hawaii Revised Statutes 196-81
• Hoisting machine: means a machine with a hoist line, sling, or hydraulic lifting mechanism used in construction, demolition, or excavation work. See Hawaii Revised Statutes 396-3
• Home port: means the place where vessels or aircraft have their tax situs or principal tax situs. See Hawaii Revised Statutes 239-2
• Home state: means , with respect to an insured, the state in which an insured maintains the insured's principal place of business or, in the case of an individual, the state in which the individual maintains the individual's principal residence; provided that if one hundred per cent of the insured risk is located out of the state where the insured maintains the insured's principal place of business or the state where the individual maintains the principal residence, the home state shall be the state where the greatest percentage of the insured's taxable premium for that insurance contract is allocated. See Hawaii Revised Statutes 431:8-102
• Home state: means the District of Columbia or any state or territory of the United States in which an insurance producer maintains the producer's principal place of residence or principal place of business and is licensed to act as an insurance producer. See Hawaii Revised Statutes 431:9A-102
• Hospital: means any facility licensed pursuant to chapter 11-93, Hawaii Administrative Rules. See Hawaii Revised Statutes 346G-3
• Housing assistance program: means a section 8 housing choice voucher program or any permanent supportive housing program. See Hawaii Revised Statutes 368F-1
• hull: means the shell, frame, or body of a vessel, exclusive of masts, yards, sails, riggings, machinery, and equipment. See Hawaii Revised Statutes 200-71
• Hull damaged: means compromised with respect to the integrity of a vessel's hull by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence, or the sinking of a vessel in a manner that creates a significant risk to the integrity of the vessel's hull. See Hawaii Revised Statutes 200A-2
• Hull identification number: means the alphanumeric designation assigned to a vessel pursuant to title Title 33 of the Code of Federal Regulations, Part 181, as amended. See Hawaii Revised Statutes 200A-2
• Hybrid vehicle: means a vehicle powered by a combination of an electric motor and a small internal combustion engine. See Hawaii Revised Statutes 196-2
• Imitation controlled substance: means a substance that is not a controlled substance, which by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. See Hawaii Revised Statutes 329C-1
• Impaired insurer: means a member insurer that after July 1, 1988, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Hawaii Revised Statutes 431:16-205
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• important agricultural lands: means those lands, identified pursuant to this part, that:
  (1) Are capable of producing sustained high agricultural yields when treated and managed according to accepted farming methods and technology;
  (2) Contribute to the State's economic base and produce agricultural commodities for export or local consumption; or
  (3) Are needed to promote the expansion of agricultural activities and income for the future, even if currently not in production. See Hawaii Revised Statutes 205-42
• Inactive: means that the authority of a license issued by the commissioner is not in effect. See Hawaii Revised Statutes 431:8-102
• Inactive: means that the authority of a license issued by the commissioner is not in effect. See Hawaii Revised Statutes 431:9A-102
• Incinerator: means an engineered combustion device specifically designed for volume reduction by controlled burning of combustible solid waste. See Hawaii Revised Statutes 340A-1
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent adjuster: means an adjuster representing the interests of the insurer. See Hawaii Revised Statutes 431:9-105
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Indigenous species: means any aquatic life, wildlife, or land plant species growing or living naturally in Hawaii without having been brought to Hawaii by humans. See Hawaii Revised Statutes 195D-2
• Indigenous species: means any aquatic life, wildlife, or land plant (as defined in chapter 195D) growing or living naturally in Hawaii without having been brought directly or indirectly to Hawaii. See Hawaii Revised Statutes 197-1
• Individual: means a natural person. See Hawaii Revised Statutes 431:8-102
• Individual: means a natural person. See Hawaii Revised Statutes 431:9A-102
• Individual instruction: means an individual's direction concerning a health-care decision for the individual. See Hawaii Revised Statutes 327E-2
• Individualized service plan: means the written plan required by section 333F-6 that is developed by the individual, with the input of family, friends, and other persons identified by the individual as being important to the planning process. See Hawaii Revised Statutes 333F-1
• Individually appropriate: means responsive to the needs of the person as determined through interdisciplinary assessment and provided pursuant to an individualized service plan that is person-centered and community-based. See Hawaii Revised Statutes 333F-1
• Industry: means a trade, business, industry, or branch thereof, or group of industries in which individuals are employed. See Hawaii Revised Statutes 387-1
• Informed decision: means a decision by a qualified patient to request and obtain a prescription to end the qualified patient's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10C-103
• Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10G-101
• Inpatient care: means the care of patients whose conditions require admission to a hospital. See Hawaii Revised Statutes 346G-3
• inquiry: means a telephone call or other communication made to an insurer regarding the terms, conditions, or coverage afforded under an insurance policy that does not result in a claim, including questions concerning whether a policy will cover a loss or the process for filing a claim. See Hawaii Revised Statutes 431:10E-123
• insolvent: means :
  (1) For an insurer issuing only assessable fire insurance policies:

  (A) The inability to pay any obligation within thirty days after it becomes payable; or

  (B) If an assessment be made within thirty days after such date, the inability to pay such obligation thirty days following the date specified in the first assessment notice issued after the date of loss pursuant to this code;
  (2) For any other insurer, that it is unable to pay its obligations when they are due, or when its admitted assets do not exceed its liabilities plus the greater of:

  (A) Any capital and surplus required by law for its organization; or

  (B) The total par or stated value of its authorized and issued capital stock; and
  (3) As to any insurer licensed to do business in this State as of July 1, 1988, who does not meet the standard established under subparagraph (B), the term insolvency or insolvent shall mean, for a period not to exceed three years from July 1, 1988, that it is unable to pay its obligations when they are due or that its admitted assets do not exceed its liabilities plus any required capital contribution ordered by the commissioner under provisions of this code. See Hawaii Revised Statutes 431:15-103
• Insolvent insurer: means a member insurer that after July 1, 1988, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Hawaii Revised Statutes 431:16-205
• Insolvent insurer: means an insurer licensed to transact insurance in this State, either at the time the policy was issued or when the insured event occurred, and against whom a final order of liquidation has been entered after May 16, 2000 with a finding of insolvency by a court of competent jurisdiction in the insurer's state of domicile. See Hawaii Revised Statutes 431:16-105
• Institutional facility: means a:

  (1) Hospital;

  (2) Convalescent home;

  (3) Nursing home;

  (4) Extended care facility;

  (5) Mental institution;

  (6) Rehabilitation center;

  (7) Health maintenance organization;

  (8) Psychiatric center;

  (9) Intellectual disability center;

  (10) Penal institution; or

  (11) Any other organization whose primary purpose is to provide a physical environment for patients to obtain health care services or at-home care services, except those places where physicians, dentists, veterinarians, osteopaths, podiatrists, or other prescribers who are duly licensed, engage in private practice. See Hawaii Revised Statutes 328C-1

• Insurance compliance audit: means a voluntary, internal evaluation, review, assessment, audit, or investigation for the purpose of identifying or preventing noncompliance with, or promoting compliance with laws, regulations, orders, or industry or professional standards, which is conducted by or on behalf of an insurer, or which involves an insurer activity regulated by the commissioner. See Hawaii Revised Statutes 431:2D-102
• Insurance compliance self-evaluative audit document: means documents prepared as a result of or in connection with an insurance compliance audit. See Hawaii Revised Statutes 431:2D-102
• Insurance group: means those insurers and affiliates included within an insurance holding company system as defined in article 11. See Hawaii Revised Statutes 431:3D-102
• Insurance holding company system: consists of two or more affiliated persons, one or more of which is an insurer. See Hawaii Revised Statutes 431:11-102
• Insurance policy: means a contract issued by an insurer or other licensee. See Hawaii Revised Statutes 431:2-401
• Insured: means :

  (1) The person identified by name as insured in a motor vehicle insurance policy complying with § 431:10C-301; and

  (2) A person residing in the same household with a named insured, specifically:

  (A) A spouse or reciprocal beneficiary or other relative of a named insured; and

  (B) A minor in the custody of a named insured or of a relative residing in the same household with a named insured. See Hawaii Revised Statutes 431:10C-103

• Insured: means any named insured, any additional insured, any vendor, any lessor, or any other party identified as an insured under the policy. See Hawaii Revised Statutes 431:16-105
• Insured motor vehicle: means a motor vehicle:

  (1) Which is insured under a motor vehicle insurance policy; or

  (2) The owner of which is a self-insurer with respect to such vehicle. See Hawaii Revised Statutes 431:10C-103

• Insurer: means an insurer authorized to transact the business of motor vehicle, property, and casualty insurance in the State. See Hawaii Revised Statutes 431:12-101
• Insurer: means every person holding a valid certificate of authority to engage in the business of making contracts of motor vehicle insurance in this State. See Hawaii Revised Statutes 431:10C-103
• Insurer: means any entity licensed by a state to issue contracts of insurance for those lines of insurance covered by this article. See Hawaii Revised Statutes 431:30-102
• Insurer: means any person who has done, purports to do, is doing or is licensed to do an insurance business, and is or has been subject to the authority of, or to liquidation, rehabilitation, reorganization, supervision, or conservation by any insurance commissioner. See Hawaii Revised Statutes 431:15-103
• Insurer: means any company, corporation, exchange, society, or association organized on the stock, mutual, assessment, or fraternal plan of insurance and authorized under the insurance laws of this State to issue life, disability, credit life, credit disability, homeowners, and motor vehicle insurance, including but not limited to fraternal benefit societies, nonprofit health service corporations, nonprofit hospital service corporations, health maintenance organizations, and mutual benefit societies. See Hawaii Revised Statutes 431:10-102
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Intellectual disability: means significantly subaverage general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period. See Hawaii Revised Statutes 333F-1
• Inter vivos: Transfer of property from one living person to another living person.
• Interagency group: means the body established pursuant to § 196D-6. See Hawaii Revised Statutes 196D-3
• Interconnected Voice over Internet Protocol: means a service that:

  (1) Enables real-time, two-way voice communications;

  (2) Requires a broadband connection from the user's location;

  (3) Requires internet protocol-compatible customer premises equipment; and

  (4) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network. See Hawaii Revised Statutes 138-1

• Interdisciplinary team: means a group of persons that is drawn from or represents those professions, disciplines, or service areas that are relevant to identifying an individual's needs and designing a program to meet them, and is responsible for evaluating the individual's needs, developing an individual program plan to meet them, periodically reviewing the individual's response to the plan, and revising the plan accordingly. See Hawaii Revised Statutes 333F-1
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interested persons: means the patient's spouse, unless legally separated or estranged, a reciprocal beneficiary, any adult child, either parent of the patient, an adult sibling or adult grandchild of the patient, or any adult who has exhibited special care and concern for the patient and who is familiar with the patient's personal values. See Hawaii Revised Statutes 327E-2
• Intermediary: means a person authorized to negotiate and execute provider contracts with health carriers on behalf of health care providers or on behalf of a network, if applicable. See Hawaii Revised Statutes 431:26-101
• Internal Revenue Code: means subtitle A, chapter 1, of the federal Internal Revenue Code of 1986, as amended as of December 31, 2022, as it applies to the determination of gross income, adjusted gross income, ordinary income and loss, and taxable income, except those provisions of the Internal Revenue Code which, pursuant to this chapter, do not apply or are otherwise limited in application. See Hawaii Revised Statutes 235-2.3
• Internal Revenue Code: has the meaning set forth in section 235-2. See Hawaii Revised Statutes 235-121
• Internationally active insurance group: means an insurance holding company system that:

  (1) Includes an insurer registered under § 431:11-105; and

  (2) Meets the following criteria:

  (A) Premiums written in at least three countries;

  (B) The percentage of gross premiums written outside the United States is at least ten per cent of the insurance holding company system's total gross written premiums; and

  (C) Based on a three-year rolling average, the total assets of the insurance holding company system are at least $50,000,000,000 or the total gross written premiums of the insurance holding company system are at least $10,000,000,000. See Hawaii Revised Statutes 431:11-102

• Internet crimes against children: means promoting child abuse in the first degree under § 707-750, promoting child abuse in the second degree under § 707-751, promoting child abuse in the third degree under § 707-752, electronic enticement of a child in the first degree under § 707-756, electronic enticement of a child in the second degree under § 707-757, indecent electronic display to a child under § 707-759, or promoting pornography for minors under § 712-1215. See Hawaii Revised Statutes 846F-2
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intestate: Dying without leaving a will.
• Introduction: means an act of establishing aquatic life or wildlife into a habitat to which it is not indigenous. See Hawaii Revised Statutes 197-1
• Investment manager: means any fiduciary, who has been designated by the board to manage, acquire, or dispose of the company's assets, a bank as defined by law, or an insurance company qualified to perform services under the laws of more than one state. See Hawaii Revised Statutes 431:14A-102
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Island reserve: means the area designated as the island of Kaho'olawe and the submerged lands and waters extending seaward two miles from its shoreline. See Hawaii Revised Statutes 6K-2
• Issuing public corporation: means a corporation incorporated in this State with at least one hundred shareholders and having its principal place of business or substantial assets located in this State. See Hawaii Revised Statutes 414E-1
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Jurisdiction: means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation. See Hawaii Revised Statutes 76-11
• 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.
• Juror: A person who is on the jury.
• Knowledge: means actual knowledge. See Hawaii Revised Statutes 200A-2
• Label: means a display of written, printed, or graphic matter:
  (1) Upon or affixed to the container in which a commercial feed is distributed or imported; or
  (2) On the invoice or delivery slip with which a commercial feed or custom-mixed feed is distributed or imported. See Hawaii Revised Statutes 144-2
• Labor dispute: includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. See Hawaii Revised Statutes 377-1
• labor dispute: includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee. See Hawaii Revised Statutes 380-13
• Labor organization: means any organization of employees which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning wages, hours, and other terms and conditions of employment. See Hawaii Revised Statutes 381-1
• Labor organization: means any organization of employees which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning wages, hours, and other terms and conditions of employment. See Hawaii Revised Statutes 382-1
• Land: means the earth, water, and air above, below, or on the surface. See Hawaii Revised Statutes 205A-1
• Land plant: means any member of the plant kingdom, including seeds, roots and other parts thereof, except freshwater or marine plants. See Hawaii Revised Statutes 195D-2
• Landfill: means a land area used for the disposal of solid waste. See Hawaii Revised Statutes 340A-1
• Landowner: means an owner of land or any estate or interest in that land when acting with the consent of the fee owner. See Hawaii Revised Statutes 195D-2
• Landowner: means any person or entity having the fee simple interest in land in the State. See Hawaii Revised Statutes 195-2
• Landowner: means any person having an interest in or holding any encumbrance upon land in the State, including any person having a lease interest in the real property with an unexpired term of ten or more years. See Hawaii Revised Statutes 195F-2
• Large cigar: means any roll for smoking made wholly or in part of tobacco if such product is wrapped in any substance containing tobacco and weighs more than four pounds per thousand. See Hawaii Revised Statutes 245-1
• laser pointing device: means any hand-held laser device, which is not designed as a sighting device for a weapon nor for use in a medical procedure. See Hawaii Revised Statutes 136-1
• lava zone: means a volcanic hazard zone identified by the United States Geological Survey on the island of Hawaii. See Hawaii Revised Statutes 431:10E-141
• Law clerk: Assist judges with research and drafting of opinions.
• Law enforcement agency: means a county police department. See Hawaii Revised Statutes 844G-1
• Law enforcement officer: means :
  (1) A police officer employed by a county police department;
  (2) A public safety officer employed by the department of public safety; or
  (3) An employee of the department of transportation, department of land and natural resources, department of taxation, or department of the attorney general who is conferred by law with general police powers. See Hawaii Revised Statutes 139-1
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lead agency: means the office of planning and sustainable development. See Hawaii Revised Statutes 205A-1
• Lease: means the contractual right to possess and use a specified portion of land for a term of years. See Hawaii Revised Statutes 195H-2
• Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Hawaii Revised Statutes 200A-2
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Least restrictive: means the least intrusive and least disruptive intervention into the life of a person with developmental or intellectual disability that represents the least departure from normal patterns of living that can be effective in meeting the person's developmental needs. See Hawaii Revised Statutes 333F-1
• Legacy: A gift of property made by will.
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Legally authorized representative: means an agent, guardian, or surrogate, as those terms are defined in § 327E-2, or agent designated through a power of attorney for health care, as defined in § 327E-2. See Hawaii Revised Statutes 327K-1
• Legislative body: means the legislature in the case of the State, including the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation; the city council in the case of the city and county of Honolulu; and the respective county councils in the case of the counties of Hawaii, Maui, and Kauai. See Hawaii Revised Statutes 76-11
• Legislative body of the county: means the county council. See Hawaii Revised Statutes 50-2
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Length: means the measurement of a vessel from end to end over the deck. See Hawaii Revised Statutes 200-23
• Lessee: means a lessee under a lease issued by or transferred to the department or any tenant, licensee, grantee, permittee, assignee, or other person authorized to conduct an agricultural enterprise by the board or department. See Hawaii Revised Statutes 141D-2
• Lessor: means a person who transfers the right to possession and use of goods under a lease. See Hawaii Revised Statutes 200A-2
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Liabilities: include but are not limited to reserves required by statute, insurance division rules, or specific requirements imposed by the commissioner upon a subject company at the time of admission or subsequent thereto. See Hawaii Revised Statutes 431:15-103
• License: means written permission by the department of land and natural resources to do a particular act or series of acts which without such permission would be unauthorized or prohibited. See Hawaii Revised Statutes 195D-2
• License: means a license granted under this chapter, that authorizes the holder to engage in the business of a wholesaler or dealer of cigarettes or tobacco products in the State. See Hawaii Revised Statutes 245-1
• License: means a document issued by the commissioner authorizing a person to act as a surplus lines broker as specified in the document. See Hawaii Revised Statutes 431:8-102
• License: means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. See Hawaii Revised Statutes 431:9A-102
• License: means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which the department is hereby authorized to issue under this chapter, to engage in the act or acts specifically designated herein. See Hawaii Revised Statutes 132D-2
• Licensee: means the holder of a license as a wholesaler or dealer granted under this chapter. See Hawaii Revised Statutes 245-1
• Licensee: means a surplus lines broker licensed under this article. See Hawaii Revised Statutes 431:8-102
• Licensee: means any type of insurance producer or producer. See Hawaii Revised Statutes 431:9A-102
• Licensee: means an entity licensed under and governed by title 24, including an insurer governed by chapter 431, a mutual benefit society governed by article 1 of chapter 432, a fraternal benefit society governed by article 2 of chapter 432, or a health maintenance organization governed by chapter 432D, and their respective agents and employees engaged in the business of the licensee. See Hawaii Revised Statutes 431:2-401
• Licensing authority: means the officer, board, agency, court, or other authority in this State which has the power to issue a license or other legal authorization to render a professional service. See Hawaii Revised Statutes 415A-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life or accident and health or sickness insurer: means any insurer that is within the definition of § 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
• Life-cycle cost-effective: means the life-cycle costs of a product, project, or measure that are estimated to be equal to or less than the base case, i. See Hawaii Revised Statutes 196-11
• Life-cycle costs: means the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and disposal costs, over the lifetime of the project, product, or measure. See Hawaii Revised Statutes 196-11
• Limited liability company: means a limited liability company formed under chapter 428. See Hawaii Revised Statutes 196-61
• Limited line credit insurance: includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection ("gap") insurance, and any other form of insurance offered in connection with an extension of credit, that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line of credit insurance. See Hawaii Revised Statutes 431:9A-102
• Limited lines insurance: means those lines of insurance a producer may be licensed to sell pursuant to section 431:9A-107. See Hawaii Revised Statutes 431:9A-102
• Limited lines producer: means a person authorized by the commissioner to sell, solicit, or negotiate limited lines insurance. See Hawaii Revised Statutes 431:9A-102
• Line of authority: means a category of insurance products, as set forth in section 431:9A-107(a), which an insurance producer may be licensed to sell pursuant to this article. See Hawaii Revised Statutes 431:9A-102
• Line of insurance: means an insurance product, contract, or policy designed to cover specified risks that fall within one or more of the classes or types of insurance as defined in §§ 431:1-204 to 431:1-211, the lines of authority defined in section 431:9A-107(a), or any other section of this code. See Hawaii Revised Statutes 431:9A-102
• Linear fluorescent lamp: means a low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:
  (1) Two bases (end caps) of any type, including but not limited to single-pin, two-pin, and recessed double contact;
  (2) Light emission between a correlated color temperature of one thousand seven hundred Kelvin and twenty-four thousand Kelvin and a Duv of +0. See Hawaii Revised Statutes 196-101
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Little cigar: means any roll for smoking made wholly or in part of tobacco if such product is wrapped in any substance containing tobacco, other than natural leaf tobacco, and weighs not more than four pounds per thousand rolls. See Hawaii Revised Statutes 245-1
• Loan fund program: means the clean energy and energy efficiency revolving loan fund program. See Hawaii Revised Statutes 196-61
• Loan program: means the activities and policies undertaken by the office to provide assistance to any department of the State or to any county or board, agency, or instrumentality thereof, or to private individuals or organizations, by making loans or causing loans to be made available to them or by buying, refinancing, or guaranteeing loans made to or other obligations incurred by them for the betterment of native Hawaiians. See Hawaii Revised Statutes 10-21
• Loan program: means the activities and policies undertaken by any county to provide:

  (1) Assistance to members of the general public who are residents of the county by making loans or causing loans to be made available to them for purposes as may be authorized by law; or

  (2) Loans to private nonprofit organizations or public instrumentalities, or to wholly owned affiliates thereof, for the development of low and moderate income housing pursuant to section 46-15. See Hawaii Revised Statutes 49-1

• Loan-out company: means a wholly-owned entity formed on behalf of a person that serves as a separate entity that constitutes the person's means of entering a contract with a third party for the purpose of providing services to the third party. See Hawaii Revised Statutes 237-1
• Loans: means obligations secured by liens upon real property, or any interest in real property, situated in this State, which liens may also cover such personal property as is or may from time to time be affixed or attached to or located on or in or about the real property or any improvements thereon or thereto, and include obligations secured by liens upon real property or interests therein situated both within and without this State. See Hawaii Revised Statutes 207-11
• Local governing body: means the county council. See Hawaii Revised Statutes 206E-2
• Lockout: means the refusal of a public utility to furnish work to employees as a result of a labor dispute. See Hawaii Revised Statutes 381-1
• Lockout: means the refusal of an employer to furnish work to employees as the result of a labor dispute between the employer and its employees. See Hawaii Revised Statutes 382-1
• Long-term care benefits plan: means :

  (1) A group insurance contract or service agreement in which a carrier agrees to provide, pay for, arrange for, or reimburse the cost of long-term care benefits as determined by the board; or

  (2) A similar schedule of benefits established by the board and provided through the fund on a self-insured basis. See Hawaii Revised Statutes 87A-1

• Long-term care insurance: means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for not less than twelve consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. See Hawaii Revised Statutes 431:10H-104
• Long-term care services: means a broad range of supportive services needed by individuals with physical or mental impairments and have lost or never acquired the ability to function independently. See Hawaii Revised Statutes 346C-1
• managed care: means a system for reviewing the appropriate and efficient allocation of mental health, alcohol, or drug abuse treatment services given or proposed to be given to a patient or group of patients for the purpose of recommending or determining whether such services should be reimbursed, covered, or provided by an insurer, plan or other entity or person. See Hawaii Revised Statutes 334B-2
• Manufacture: means to grind, mix, or blend or further process a commercial feed for distribution. See Hawaii Revised Statutes 144-2
• Manufacture: means the production, preparation, or repackaging, labeling, or relabeling, of an imitation controlled substance. See Hawaii Revised Statutes 329C-1
• Manufacture: means the preparation, propagation, compounding, conversion, or processing of a substance containing cannabis or its principal psychoactive constituent tetrahydrocannabinol, either directly or indirectly, by a person other than a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for the qualifying patient's or qualifying out of state patient's use, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. See Hawaii Revised Statutes 329D-1
• Manufactured cannabis product: means :
  (1) Any capsule, lozenge, oil or oil extract, tincture, ointment or skin lotion, pill, transdermal patch, or pre-filled and sealed container used to aerosolize and deliver cannabis orally or by inhalation, such as an inhaler , nebulizer, or device that provides safe pulmonary administration, that has been manufactured using cannabis;
  (2) Edible cannabis products;
  (3) Pre-rolled cannabis flower products; or
  (4) Any other products as specified by the department pursuant to section 329D-10(a)(11). See Hawaii Revised Statutes 329D-1
• Manufactured hemp product: means a product created by processing, as defined in this chapter, that:
  (1) Is either:

  (A) Intended to be consumed orally to supplement the human or animal diet in tablet, capsule, powder, softgel, gelcap, or liquid form (e. See Hawaii Revised Statutes 328G-1
• Manufacturer: means :

  (1) Any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere, and intends to sell these cigarettes:

  (A) In this State; or

  (B) Anywhere in the United States through an importer;

  (2) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or

  (3) Any entity that becomes a successor of an entity described in paragraph (1) or (2). See Hawaii Revised Statutes 132C-2

• Marine: means ocean and ocean-related resources. See Hawaii Revised Statutes 205A-61
• Market analysis: means a process whereby market conduct surveillance personnel collect and analyze information from filed schedules, surveys, required reports, and other sources to develop a baseline and to identify patterns or practices of insurers licensed to do business in this State that deviate significantly from the norm or that may pose a potential risk to the insurance consumer. See Hawaii Revised Statutes 431:2D-102
• Market conduct action: means any of the full range of activities that the commissioner may initiate to assess the market and practices of individual insurers, beginning with market analyses and extending to targeted examinations. See Hawaii Revised Statutes 431:2D-102
• Market conduct examination: means the examination of the insurance operations of an insurer licensed to do business in this State to evaluate compliance with the applicable laws and rules of this State. See Hawaii Revised Statutes 431:2D-102
• Market conduct surveillance personnel: means those individuals employed or contracted by the commissioner to collect, analyze, review, or act on information about the insurance marketplace, which identifies patterns or practices of insurers. See Hawaii Revised Statutes 431:2D-102
• Marketplace facilitator: means any person who sells or assists in the sale of tangible personal property, intangible property, or services on behalf of another seller by:
  (1) Providing a forum, whether physical or electronic, in which sellers list or advertise tangible personal property, intangible property, or services for sale; and
  (2) Collecting payment from the purchaser, either directly or indirectly through an agreement with a third party. See Hawaii Revised Statutes 237-1
• Mass merchandise: means to sell and "mass merchandising" means a sale of insurance wherein:

  (1) The insurance is offered to employees of particular employers, and

  (2) The employer has agreed to, or otherwise affiliated itself with, the sale of such insurance to its employees. See Hawaii Revised Statutes 431:12-101

• Mass merchandising agreement: means an agreement between an insurer and an employer for the sale of insurance to the employees of the employer on a mass merchandising basis. See Hawaii Revised Statutes 431:12-101
• Master plan: means the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, and amended by section 200D-3. See Hawaii Revised Statutes 200D-1
• mattress: as used in this chapter means any quilted pad, comforter, mattress, mattress-pad, bunk quilt, or cushion, stuffed or filled with wool, hair, or other soft material to be used on a couch or other bed and on which persons sleep or recline; provided that:
  (1) The term "mattress" shall not include any items considered "beddings" under the federal Textile Fiber Products Identification Act (15 United States Code § 70 et seq. See Hawaii Revised Statutes 332-1
• Mauna Kea lands: means lands under the state lease, as defined in this chapter. See Hawaii Revised Statutes 195H-2
• Maximum limit: means the total personal injury protection benefits payable for coverage under section 431:10C-103. See Hawaii Revised Statutes 431:10C-103
• Media: means film, motion pictures, television, interactive, over-the-top television productions, virtual reality, augmented reality and other forms of emerging media, multi-player videogame publishing, and other digitally-developed content for theatrical or digital distribution via streaming, mobile, and broadcast media. See Hawaii Revised Statutes 201-111
• Medicaid cost report: means the annual cost report that a hospital submits to the State's medicaid agency. See Hawaii Revised Statutes 346G-3
• Medical fee schedule: refers to the Medicare Resource Based Relative Value Scale System applicable to Hawaii, entitled "Workers' Compensation Supplemental Medical Fee Schedule". See Hawaii Revised Statutes 431:10C-103
• Medical forensic examination: means an examination provided to a victim of a suspected sexual assault by a health care provider to address medical concerns resulting from the sexual assault and to collect and preserve evidence that may be used in a police investigation and any subsequent prosecution. See Hawaii Revised Statutes 844G-1
• Medical review officer: means an individual who has knowledge of substance abuse disorders and toxicology as determined by the department, and is appointed by the third party to receive, review, and interpret the results of laboratory tests requested by the third party. See Hawaii Revised Statutes 329B-2
• Medically confirmed: means the medical opinion of the attending provider has been confirmed by a consulting provider who has examined the patient and the patient's relevant medical records. See Hawaii Revised Statutes 327L-1
• Member: means the commissioner of a compacting state, as its representative to the commission, or the commissioner's designee. See Hawaii Revised Statutes 431:30-102
• Member insurer: means any insurer licensed or who holds a certificate of authority to transact in this State any kind of insurance for which coverage is provided under § 431:16-203, and includes any insurer whose license or certificate of authority in this State may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include:

  (1) A nonprofit hospital or medical service organization;

  (2) A health maintenance organization;

  (3) A fraternal benefit society;

  (4) A mandatory state pooling plan;

  (5) A mutual assessment company or any entity that operates on an assessment basis;

  (6) An insurance exchange;

  (7) An organization that has a certificate or license limited to the issuance of charitable gift annuities; or

  (8) Any entity similar to any of the above. See Hawaii Revised Statutes 431:16-205

• Member insurer: means any person who:

  (1) Writes any kind of insurance to which this part applies under § 431:16-103, including the exchange of reciprocal or inter-insurance contracts; and

  (2) Is licensed to transact insurance in this State. See Hawaii Revised Statutes 431:16-105

• Member of an affiliated public service company group: means a corporation (including the parent corporation) that is included within an affiliated public service company group. See Hawaii Revised Statutes 239-2
• Member organization: means any individual, corporation, limited liability company, partnership, association, or other entity that belongs to an association. See Hawaii Revised Statutes 431:19-101
• Members: means the members of the disability and communication access board. See Hawaii Revised Statutes 348F-1
• Members: means the members of the Kaneohe Bay regional council. See Hawaii Revised Statutes 200D-1
• Mental health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a principal's mental condition, including:

  (1) Selection and discharge of health care providers and institutions;

  (2) Approval or disapproval of diagnostic tests, surgical procedures, and programs of medication; and

  (3) Approval or disapproval of electroconvulsive treatment. See Hawaii Revised Statutes 327G-2

• Mental health care decision: means a decision made by a principal or the principal's agent or guardian regarding the principal's mental health care or mental health treatment. See Hawaii Revised Statutes 327G-2
• Mental health treatment: means any form of treatment used for the treatment of mental illness, including but not limited to electroconvulsive treatment, the use of psychotropic medication, and admission to and retention in a health care facility for the care or treatment of mental illness. See Hawaii Revised Statutes 327G-2
• Merit appeals board: means a jurisdiction's appellate body for purposes of section 76-14 regardless of whether it is named merit appeals board, civil service commission, or appeals board. See Hawaii Revised Statutes 76-11
• microchip identification: means a device that is implanted under the skin of an animal and that contains contact information for the owner of the animal. See Hawaii Revised Statutes 143-1
• Milk: means the lacteal secretion, practically free from colostrums, obtained by the milking of healthy cows or goats normally produced or marketed through the channels of the fluid milk trade or for further processing into milk products. See Hawaii Revised Statutes 155D-1
• Minority-owned businesses: means businesses at least fifty per cent owned, controlled, and managed by socially or economically disadvantaged persons. See Hawaii Revised Statutes 206M-1
• Mixed-use project: means a project consisting of any combination of a commercial project, redevelopment project, or residential project. See Hawaii Revised Statutes 206E-281
• Mobile equipment: means any state-owned vessel, aircraft, or off-road vehicle. See Hawaii Revised Statutes 196-11
• Monitor: means to conduct a systematic, coordinated, objective, qualitative review of services provided by any person, agency, or organization. See Hawaii Revised Statutes 333F-1
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Monthly earnings: means :

  (1) In the case of a person regularly employed, one-twelfth of the average annual compensation before state and federal income taxes at the time of injury or death;

  (2) In the case of a person regularly self-employed, one-twelfth of the average annual earnings before state and federal income taxes at the time of injury or death; or

  (3) In the case of an unemployed person or a person not regularly employed or self-employed, one-twelfth of the anticipated annual compensation before state and federal income taxes that would have been paid from the time the person would reasonably have been expected to be regularly employed. See Hawaii Revised Statutes 431:10C-103

• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage lender: means any bank, trust company, savings bank, national banking association, savings and loan association, building and loan association, mortgage banker, credit union, insurance company, or any other financial institution, or a holding company for any of the foregoing, which:

  (1) Is authorized to do business in the State;

  (2) Customarily provides service or otherwise aids in the financing of mortgages on single family or multi-family residential property; and

  (3) Is a financial institution whose accounts are federally insured, or is an institution which is an approved mortgagee for the Federal Housing Administration, or is an approved lender for the Department of Veterans Affairs or the United States Department of Agriculture, or is an approved mortgage loan servicer for the Federal National Mortgage Association or the Federal Home Mortgage Corporation. See Hawaii Revised Statutes 206E-101

• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor carrier: means a common carrier or contract carrier transporting persons or property for compensation on the public highways, other than a public utility or taxicab. See Hawaii Revised Statutes 239-2
• Motor scooter: has the meaning prescribed by § 286-2. See Hawaii Revised Statutes 431:10G-101
• Motor vehicle: means a vehicle of a type required to be registered under chapter 286, including a vehicle with less than four wheels or a trailer. See Hawaii Revised Statutes 431:12-101
• Motor vehicle: means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle, but not including motorcycles and motor scooters. See Hawaii Revised Statutes 431:10C-103
• Motor vehicle accident: means an accident arising out of the operation, maintenance, or use of a motor vehicle, including an object drawn or propelled by a motor vehicle. See Hawaii Revised Statutes 431:10C-103
• Motor vehicle insurance policy: means an insurance policy that meets the requirements of § 431:10C-301. See Hawaii Revised Statutes 431:10C-103
• Motor vehicle renter: means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a rental period not to exceed ninety days. See Hawaii Revised Statutes 431:9A-141
• Motorcycle: has the meaning prescribed by § 286-2. See Hawaii Revised Statutes 431:10G-101
• NAIC: means the National Association of Insurance Commissioners. See Hawaii Revised Statutes 431:10H-104
• National Association of Insurance Commissioners: means the organization of insurance regulators from the fifty states, the District of Columbia, and the four United States territories. See Hawaii Revised Statutes 431:2D-102
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Board: means the National Board of Boiler and Pressure Vessel Inspectors. See Hawaii Revised Statutes 397-3
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Native vegetation: means a diverse vegetation consisting mostly of plants endemic or indigenous to Hawaii. See Hawaii Revised Statutes 195F-2
• Natural area reserve: means an area designated as a part of the Hawaii natural area reserves system, pursuant to criteria established by the commission. See Hawaii Revised Statutes 195-2
• Natural communities: means a natural assemblage of plants or animals that occurs within certain elevation, moisture, and habitat conditions. See Hawaii Revised Statutes 195D-2
• Negative trend: means , with respect to a life or accident and health or sickness insurer, a negative trend over a period of time, as determined in accordance with the "trend test calculation" included in the risk-based capital instructions. See Hawaii Revised Statutes 431:3-401
• Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract; provided that the person engaged in the act either sells insurance or obtains insurance from insurers for producers. See Hawaii Revised Statutes 431:9A-102
• Net direct written premiums: means direct gross premiums written in this State on insurance policies to which this part applies, including policy and membership fees, less the following amounts:

  (1) Return premiums;

  (2) Premiums on policies not taken; and

  (3) Dividends paid or credited to policyholders on such direct business. See Hawaii Revised Statutes 431:16-105

• Net patient service revenue: means gross inpatient revenues from services provided to nursing facility patients less reductions from gross inpatient revenue resulting from an inability to collect payment of charges. See Hawaii Revised Statutes 346F-3
• Net patient service revenue: means gross revenue from inpatient and outpatient care provided to hospital patients converted to net patient service revenue utilizing data from Worksheets G-2 and G-3 of each hospital's medicare cost report for the fiscal year ending three years prior to the state fiscal year for which net patient service revenue is being calculated. See Hawaii Revised Statutes 346G-3
• Network: means the group or groups of participating providers providing services under a network plan. See Hawaii Revised Statutes 431:26-101
• Network plan: means a health benefit plan that either requires a covered person to use, or creates incentives, including financial incentives, for a covered person to use, health care providers managed, owned, under contract with, or employed by the health carrier. See Hawaii Revised Statutes 431:26-101
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Non-ad valorem special tax assessment: means a special tax assessment or governmental charge levied by the county as provided in section 196- on a benefitted commercial property that appears on a property tax bill. See Hawaii Revised Statutes 196-61
• Non-guaranteed elements: means :

  (1) Premiums;

  (2) Credited interest rates, including any bonus;

  (3) Benefits;

  (4) Values;

  (5) Non-interest-based credits;

  (6) Charges; or

  (7) Elements of formulas used to determine any of the above, which are subject to company discretion and are not guaranteed at issue. See Hawaii Revised Statutes 431:10D-601

• Nonaffiliated third party: means any person except:

  (1) A licensee's affiliate; or

  (2) A person employed jointly by a licensee and any company that is not the licensee's affiliate; provided that for purposes of this paragraph, a nonaffiliated third party includes the other company that jointly employs the person. See Hawaii Revised Statutes 431:3A-102

• Nonbusiness income: means all income other than business income. See Hawaii Revised Statutes 235-21
• Nonpoint source pollution: means water pollution that does not originate from a point source. See Hawaii Revised Statutes 342E-1
• Normal benefits: means the unemployment compensation benefits payable pursuant to chapter 383. See Hawaii Revised Statutes 385-2
• Nuisance: as used in this chapter , includes all claims that meet the requirements of this definition regardless of whether a complainant designates such claims as brought in nuisance, negligence, trespass, or any other area of law or equity; provided that nuisance as used in this chapter does not include an alleged nuisance that involves water pollution or flooding. See Hawaii Revised Statutes 165-2
• Nurse: means a person who has been or is currently licensed under chapter 457. See Hawaii Revised Statutes 334D-2
• Nursing facility: means any facility licensed pursuant to chapter 11-94. See Hawaii Revised Statutes 346F-3
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• Oath: A promise to tell the truth.
• 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 safety and health standard: means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment. See Hawaii Revised Statutes 396-3
• Ocean waters: means all waters seaward of the shoreline within the jurisdiction of the State. See Hawaii Revised Statutes 200-1
• Ocean waters: means all waters seaward of the shoreline within the jurisdiction of the State. See Hawaii Revised Statutes 205A-1
• Offender against minors: means a person who is not a "sex offender" as defined in this section, and is or has been:
  (1) Convicted at any time, whether before or after May 9, 2005, of a "crime against minors" as defined in this section; or
  (2) Charged at any time, whether before or after May 9, 2005, with a "crime against minors" as defined in this section and who is found unfit to proceed and is released into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community. See Hawaii Revised Statutes 846E-1
• Office: means the office of planning and sustainable development. See Hawaii Revised Statutes 226-2
• Office: means the office of planning and sustainable development. See Hawaii Revised Statutes 341-2
• Office: means the office of planning and sustainable development. See Hawaii Revised Statutes 343-2
• Office: means the office of youth services. See Hawaii Revised Statutes 352D-3
• Office: means the office of veterans' services as constituted under this chapter. See Hawaii Revised Statutes 363-1
• Officer: means any sheriff, deputy, any member of a police force in counties with a population of less than 100,000 and animal control officers of the several counties of the State;

  "Owner" includes every person owning, harboring, or keeping a dog; provided that if the owner is a minor under the age of eighteen years, the parent, guardian, or other person having the care, custody, or control of the minor shall be irrebuttably presumed to be the owner;

  "Unlicensed dog" means any dog for which the license for the current year has not been paid or to which the tag provided for in this chapter is not attached. See Hawaii Revised Statutes 143-1

• On the board: means that the name of a bail agent has been publicly posted or disseminated by a court as being ineligible to write bail bonds. See Hawaii Revised Statutes 431:9N-101
• Open ocean racing boat: means a motorized vessel which:

  (1) Is designed, modified, or restored for the primary purpose of high speed boat racing; and

  (2) Has the capacity to carry not more than the operator and five passengers. See Hawaii Revised Statutes 200-23

• Open to the public: means enclosed or partially enclosed areas to which the public is invited or permitted and areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities, including but not limited to bars, educational facilities, financial institutions, health care facilities, hotel and motel lobbies, lanais, laundromats, public transportation facilities, including airport areas from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms, but does not include a private residence unless it is used as a child care, adult day care, or health care facility. See Hawaii Revised Statutes 328J-1
• Operate: means to navigate or otherwise use a vessel on or in the waters of the State. See Hawaii Revised Statutes 200-23
• Operating procedures: means procedures adopted by the commission implementing a rule, uniform standard, or a provision of this compact. See Hawaii Revised Statutes 431:30-102
• Operator: means any individual who operates a public water system or a major segment of a public water system such as a water treatment plant or distribution system. See Hawaii Revised Statutes 340F-1
• Operator: means a person who operates, or who has charge of the navigation or use of, a vessel. See Hawaii Revised Statutes 200-23
• Operator: means any person or governmental agency which accepts solid waste for processing, disposing, or transferring at an incinerator, landfill site, resource recovery facility or transfer station. See Hawaii Revised Statutes 340A-1
• Operator: means any individual who operates a wastewater treatment plant, or a major segment of a wastewater treatment plant. See Hawaii Revised Statutes 340B-1
• Option to purchase: means a legally binding agreement between a buyer and a seller, which gives the buyer the option, but not the obligation, to purchase the solar energy system or other installed equipment at an agreed upon price, prior to the maturity date of the power purchase agreement or energy performance contract. See Hawaii Revised Statutes 196-61
• Organizational document: means a captive insurance company's articles of association, articles of incorporation, articles of organization, subscribers' agreement, bylaws, operating agreement, or any other document that establishes the captive insurance company as a legal entity or prescribes its existence. See Hawaii Revised Statutes 431:19-101
• Organized crime: means any combination or conspiracy to engage in criminal activity as a significant source of income or livelihood, or to violate, aid, or abet the violation of criminal laws relating to prostitution, gambling, loan sharking, drug abuse, illegal drug distribution, counterfeiting, extortion, labor trafficking, unlicensed sale of liquor, or corruption of law enforcement officers or other public officers or employers. See Hawaii Revised Statutes 842-1
• Other entity: includes a domestic or foreign corporation, whether organized for profit or not, a domestic or foreign limited liability company, general partnership, limited partnership, or limited liability partnership. See Hawaii Revised Statutes 415A-2
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Outpatient care: means all services furnished by hospitals to patients who are registered as hospital outpatients. See Hawaii Revised Statutes 346G-3
• Outside captive insurance company: means an insurance company licensed under the laws of a jurisdiction other than this State and not otherwise admitted to do business as an insurance company in this State, that insures the risks of its parent or any affiliated entities. See Hawaii Revised Statutes 431:19-101
• 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 237-1
• Oversight: Committee review of the activities of a Federal agency or program.
• Own risk and solvency assessment: means a confidential internal assessment, appropriate to the nature, scale, and complexity of an insurer or insurance group and conducted by that insurer or insurance group, of the material and relevant risks associated with the insurer or insurance group's current business plan and the sufficiency of capital resources to support those risks. See Hawaii Revised Statutes 431:3D-102
• Own Risk and Solvency Assessment Guidance Manual: means the Own Risk and Solvency Assessment Guidance Manual as developed and adopted by the National Association of Insurance Commissioners and as amended from time to time. See Hawaii Revised Statutes 431:3D-102
• Own risk and solvency assessment summary report: means a confidential, high-level summary of an insurer or insurance group's own risk and solvency assessment. See Hawaii Revised Statutes 431:3D-102
• Owner: includes every person owning, harboring, or keeping a dog; provided that if the owner is a minor under the age of eighteen years, the parent, guardian, or other person having the care, custody, or control of the minor shall be irrebuttably presumed to be the owner;

  "Unlicensed dog" means any dog for which the license for the current year has not been paid or to which the tag provided for in this chapter is not attached. See Hawaii Revised Statutes 143-1

• Owner: means a person that has legal title to a vessel. See Hawaii Revised Statutes 200A-2
• Owner: means a person who holds the legal title to a motor vehicle; except that in the case of a motor vehicle which is the subject of a security agreement or lease with a term of not less than one year with the debtor or lessee having the right to possession, such term means the debtor or lessee. See Hawaii Revised Statutes 431:10C-103
• Owner: means a person who holds the legal title to a motorcycle or motor scooter; except that when a motorcycle or motor scooter is the subject of a security agreement or lease with a term of not less than one year, with the debtor or lessee having the right of possession, the term owner shall mean the debtor or lessee. See Hawaii Revised Statutes 431:10G-101
• Owner: means any individual, partnership, firm, society, unincorporated association, joint venture group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other legal entity whether doing business for itself or in a fiduciary capacity, that owns or controls the real property. See Hawaii Revised Statutes 135-1
• Owner: means any person or governmental agency which shall have title to solid waste. See Hawaii Revised Statutes 340A-1
• Owner: means any person, firm, or corporation with legal title to any boiler, pressure system, amusement ride, or elevator and kindred equipment inspected pursuant to this chapter who may or may not be the user. See Hawaii Revised Statutes 397-3
• Owner of record: means the owner indicated in the department's files or, if the files indicate more than one owner, the owner indicated first. See Hawaii Revised Statutes 200A-2
• Owner-employee: means a person who has performed services for an employing unit as defined in section 383-1, and who is or has been a shareholder owning twenty-five per cent or more of the corporation's common stock, and director or officer, or both, of a corporation which is or was the employing unit or who exercises a substantial degree of control over the direction of corporate activities. See Hawaii Revised Statutes 385-2
• Owner-occupied residential use: means any use currently permitted in existing residential zones consistent with owner occupancy. See Hawaii Revised Statutes 206E-281
• Owner-user inspection organization: means an owner or user of pressure retaining items, whose organization and inspection procedures meet the requirements of the National Board, and is approved by the director. See Hawaii Revised Statutes 397-3
• Ozone-depleting compound: means any chlorofluorocarbon or halon, including those compounds known as methyl chloroform and carbon tetrachloride, or any other compound designated by the United States Environmental Protection Agency as being an ozone-depleting compound pursuant to Title 40, Part 82, Code of Federal Regulations, or any other compound designated by the department as being an ozone-depleting compound. See Hawaii Revised Statutes 342C-1
• Parasailing: means the activity in which an individual is transported or carried aloft by a parachute, sail, or other material attached to a towline which is towed by a vessel. See Hawaii Revised Statutes 200-23
• Parent: means a parent, legal guardian, or a person who has a substantial familial or hanai relationship with the minor. See Hawaii Revised Statutes 846E-1
• Parent: means a corporation, limited liability company, partnership, other entity, or individual, that directly or indirectly owns, controls, or holds with power to vote more than fifty per cent of the outstanding voting interests of a pure captive insurance company organized as a stock corporation, nonprofit corporation, or limited liability company. See Hawaii Revised Statutes 431:19-101
• Partial closing: means the permanent shutting down of a portion of operations within a covered establishment due to the sale, transfer, merger, and other business takeover or transaction of business interests and results in or may result in the termination of a portion of the employees of a covered establishment by the employer. See Hawaii Revised Statutes 394B-2
• Participant: means an entity that meets the requirements of § 431:19-305, and any affiliated entities thereof that are insured by a sponsored captive insurance company where the losses of the participant may be limited through a participant contract to the participant's pro rata share of the assets of one or more protected cells identified in the participant contract. See Hawaii Revised Statutes 431:19-101
• Participant contract: means a contract by which a sponsored captive insurance company insures the risks of a participant and may also limit the losses of each participant to its pro rata share of the assets of one or more protected cells identified in such participant contract. See Hawaii Revised Statutes 431:19-101
• Participating provider: means a provider who, under a contract with the health carrier or with the health carrier's contractor or subcontractor, has agreed to provide health care services to covered persons with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly or indirectly from the health carrier. See Hawaii Revised Statutes 431:26-101
• 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.
• Patient: means a person who is under the care of an attending provider. See Hawaii Revised Statutes 327L-1
• Peer assistance program: means a program administered by professionals for the purpose of assisting nurses who are chemically dependent in obtaining evaluation, counseling, monitoring of progress, and ongoing support for rehabilitative purposes. See Hawaii Revised Statutes 334D-2
• Peer-to-peer car-sharing: means the operation, use, or control of a motor vehicle by an individual other than the motor vehicle's owner through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 431:10C-801
• Peer-to-peer car-sharing program: means :
  (1) Any person who enables a shared car driver to identify, reserve, or use a shared car owned by a shared car owner; or
  (2) Any person who enables a shared car owner to describe, list, or make available a shared car for identification, reservation, or use by a shared car driver. See Hawaii Revised Statutes 431:10C-801
• penalties: when used in connection with the additions to the tax imposed for delinquency in payment, includes interest as well. See Hawaii Revised Statutes 237-1
• Permanent: means the state of one object being affixed to another object by glue or other means in a manner that the affixed object is intended to not be easily removable. See Hawaii Revised Statutes 132D-2
• Permanent residence: means a building, permanent structure or unit therein, or watercraft where the covered offender resides and intends to reside indefinitely, or at least for the next one hundred eighty days, and which the offender owns, rents, or occupies with the consent of the owner. See Hawaii Revised Statutes 846E-1
• 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 constructing or operating a project. See Hawaii Revised Statutes 201-61
• Permit: means any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program which is related to the protection, conservation, use of, or interference with the natural resources of land, air, or water in the State and which is required prior to or in connection with the undertaking of the project. See Hawaii Revised Statutes 196D-3
• Permit: means the certificate issued by the department attesting that the applicant is permitted to operate as a hemp processor. See Hawaii Revised Statutes 328G-1
• Permit: means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which a county is hereby authorized to issue under this chapter, to engage in the act or acts specifically designated herein. See Hawaii Revised Statutes 132D-2
• Permit to operate: means a certificate issued by the department that indicates that the pressure retaining item, amusement ride, or elevator and kindred equipment has met the required safety inspection and tests required by this chapter and rules adopted under this chapter, and that required fees have been paid as set forth in this chapter. See Hawaii Revised Statutes 397-3
• Permittee: means the holder of a retail tobacco permit in accordance with this chapter. See Hawaii Revised Statutes 245-1
• Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other private, county, state, or federal legal entity. See Hawaii Revised Statutes 340F-1
• Person: means any individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. See Hawaii Revised Statutes 431:16-205
• Person: includes any individual, firm, association, partnership, or corporation, whether domestic or foreign, whether acting as a principal, agent, employee, or otherwise, and includes any governmental entity or charitable organization. See Hawaii Revised Statutes 342C-1
• Person: includes individual, partnership, corporation, and association. See Hawaii Revised Statutes 144-2
• Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or a county, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342E-1
• Person: includes any individual, partnership, firm, association, trust, estate, private corporation, or other legal entity other than an agency. See Hawaii Revised Statutes 343-2
• Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 327E-2
• Person: means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the federal government, of any state or political subdivision thereof, or of any foreign government. See Hawaii Revised Statutes 195D-2
• Person: means an individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a trust, an unincorporated organization, and any similar entity or any combination of the foregoing acting in concert, but shall not include any joint venture partnership exclusively engaged in owning, managing, leasing, or developing real or tangible personal property, or a securities broker performing only the usual and customary broker's function. See Hawaii Revised Statutes 431:11-102
• Person: includes an individual, a partnership, a corporation, or an association, except as otherwise defined in this chapter. See Hawaii Revised Statutes 195H-2
• Person: includes any individual, partnership, firm, association, trust, estate, corporation, joint venture, consortium, any public corporation or authority that may be established by the legislature for the purposes of the project, or other legal entity other than an agency. See Hawaii Revised Statutes 196D-3
• Person: includes any individual or entity capable of holding a legal or beneficial interest in property and includes nonresident aliens. See Hawaii Revised Statutes 842-1
• Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 328G-1
• Person: means an individual, partnership, firm, corporation, association, or other legal entity. See Hawaii Revised Statutes 200-23
• Person: means a natural or legal person. See Hawaii Revised Statutes 373L-1
• Person: includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, or receivers. See Hawaii Revised Statutes 377-1
• Person: means an individual; corporation; business trust; estate; trust; statutory trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Hawaii Revised Statutes 200A-2
• Person: means an individual, a corporation, a partnership, an association, a joint venture, a joint stock company, a trust, an unincorporated organization, any similar entity, or any combination of the foregoing. See Hawaii Revised Statutes 431:26-101
• Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10C-103
• Person: includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, or receivers. See Hawaii Revised Statutes 382-1
• Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10G-101
• Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 329D-1
• Person: means any individual, company, association, organization, group, partnership, business, trust, or corporation; but shall exclude:

  (1) Insurers, as defined in § 431:1-202, and other licensees, as defined in this part; and

  (2) Licensed attorneys acting in their capacity as attorneys for a claimant other than the licensed attorney. See Hawaii Revised Statutes 431:2-401

• Person: means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, or, to the extent the United States or an interstate body is subject to this chapter, the United States or the interstate body. See Hawaii Revised Statutes 128E-1
• Person: means an individual, corporation, or partnership, and an organization or association, whether or not incorporated. See Hawaii Revised Statutes 205A-1
• Person: means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any form of business or legal entity. See Hawaii Revised Statutes 46-122
• Person: means one or more individuals, partnerships, associations, corporations, business trust, legal representatives, or any organized group of persons. See Hawaii Revised Statutes 394B-2
• Person: means a sole proprietorship, partnership, joint venture, corporation, or other association of persons organized for commercial or industrial purposes. See Hawaii Revised Statutes 206M-1
• Person: means any individual, corporation, partnership, association, or voluntary organization. See Hawaii Revised Statutes 431:16-105
• Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other legal entity. See Hawaii Revised Statutes 340B-1
• Person employed in an executive or supervisory capacity: means any employee who has the authority to hire or fire other employees or whose suggestions and recommendations as to hiring or firing and as to the advancement, promotion, or demotion of other employees will be given particular weight; but shall not mean registered nurses whose compensation is determined on an hourly basis or who are subject to supervision by any person other than the person in charge of all registered nurses at the employer's premises. See Hawaii Revised Statutes 377-1
• Personal property: All property that is not real property.
• Personal vehicle: means a vehicle that is:

  (1) Used by a transportation network company driver to provide a prearranged ride;

  (2) Owned, leased, or otherwise authorized for use by the transportation network company driver; and

  (3) Not a taxicab, limousine, or other for-hire vehicle. See Hawaii Revised Statutes 431:10C-701

• Persons: means one or more people, a company, corporation, a partnership, or an association. See Hawaii Revised Statutes 245-1
• Petroleum: includes crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See Hawaii Revised Statutes 226-2
• Pharmaceuticals and health care supplies: means any medicine (prescription or nonprescription, excluding all controlled substances listed in chapter 329) or health care supplies such as soap, personal sanitary products, baby formula, dietary supplement, health care aids such as thermometers, surgical gloves, or bandages, or any other item which is customarily fit for human consumption or external use, before the expiration date stamped on the product, if any. See Hawaii Revised Statutes 328C-1
• Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 327E-2
• Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 327G-2
• Physician: means a doctor of medicine or osteopathy licensed to practice medicine pursuant to chapter 453 by the Hawaii medical board. See Hawaii Revised Statutes 327L-1
• Physician: means a person licensed to practice medicine under chapter 453. See Hawaii Revised Statutes 334B-2
• place of business: means the entire premises occupied by a retail tobacco permit applicant or an entity required to hold a retail tobacco permit under this chapter and shall include but is not limited to any store, stand, outlet, vehicle, cart, location, vending machine, or structure from which cigarettes or tobacco products are sold or distributed to a consumer. See Hawaii Revised Statutes 245-1
• Place of employment: means an area under the control of a public or private employer that employees normally frequent during the course of employment, including but not limited to auditoriums, cafeterias, classrooms, clubs, common work areas, conference rooms, elevators, employee lounges, hallways, medical facilities, meeting rooms, private offices, restrooms, and stairs. See Hawaii Revised Statutes 328J-1
• Place of employment: means any place, and the premises appurtenant thereto, where employment is carried on. See Hawaii Revised Statutes 396-3
• Plaintiff: The person who files the complaint in a civil lawsuit.
• plan: means a plan in which the cost of the services are paid by a member or by some other person or organization in the member's behalf. See Hawaii Revised Statutes 237-1
• plan: means a program, design, or scheme of the insurance to be mass merchandised, including terms, coverages, and premiums. See Hawaii Revised Statutes 431:12-101
• plan: means a health plan as defined in section 431:10A, or chapter 432 or 432D, regardless of form, offered or administered by a health care insurer, including but not limited to a mutual benefit society or health maintenance organization, or voluntary employee beneficiary associations, but shall not include disability insurers licensed under chapter 431. See Hawaii Revised Statutes 431:14G-102
• Plan: means the Hawaii ocean resources management plan, created and approved by the Hawaii ocean and marine resources council, as amended by the lead agency. See Hawaii Revised Statutes 205A-61
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Plumbing fixture: means an exchangeable device that connects to a plumbing system to deliver and drain away water and waste. See Hawaii Revised Statutes 196-81
• points in the State: shall be deemed to be such if they are loading, unloading, transshipment, assembly, transfer, or relay points. See Hawaii Revised Statutes 239-2
• poison: as used in this chapter , includes any chemical or preparation that has properties that are commonly considered poisonous or is capable of affecting the human organism in such a way and to such an extent that its possession, sale, transfer, use, or storage is found by the department to require regulation for public health and safety. See Hawaii Revised Statutes 330-1
• police force: includes among others, jailors, turnkeys, guards, matrons, lunas, and cooks employed in any county jail. See Hawaii Revised Statutes 88-152
• Policy: means , for the purposes of this article, any policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this State by an insurer; fraternal benefit society; nonprofit health, hospital, or medical service corporation; prepaid health plan; health maintenance organization; or any similar organization. See Hawaii Revised Statutes 431:10H-104
• Policy: means any policy or certificate of life insurance that provides a death benefit; provided that the term "policy" shall not include:

  (1) Any policy or certificate of life insurance that provides a death benefit under an employee benefit plan:

  (A) Subject to the federal Employee Retirement Income Security Act of 1974 (29 U. See Hawaii Revised Statutes 431:10D-653

• Pollution: means water pollution. See Hawaii Revised Statutes 342E-1
• Pollution control project: means any processing enterprise consisting of property, or improvements or alterations to property, designed, acquired, constructed, installed, or modified, and certified as necessary or desirable by the state department of health, to abate, control, reduce, treat, eliminate, or dispose of solid waste, and specifically includes facilities which incidentally provide for the recovery of energy or material resources, or both. See Hawaii Revised Statutes 48E-1
• Portable: means capable of being carried in hand by one individual. See Hawaii Revised Statutes 342C-1
• Portable electric spa: means a factory-built electric spa or hot tub, which may include any combination of integral controls, water heating, or water circulating equipment. See Hawaii Revised Statutes 196-81
• Position: means a specific job requiring the full or part-time employment of one person. See Hawaii Revised Statutes 76-11
• Positive test result: means a finding through confirmatory testing of the presence of drugs, alcohol, or the metabolites of drugs in the sample tested in the levels at or above the cutoff levels established by the director. See Hawaii Revised Statutes 329B-2
• 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, either directly or through another entity. See Hawaii Revised Statutes 245-1
• Post-termination transition period: means that period defined in section 1377(b)(1) of the Internal Revenue Code. See Hawaii Revised Statutes 235-121
• Potential natural area reserve: means land or water areas within the protective subzone of the conservation district established pursuant to chapter 183C, intact native natural communities identified by the heritage program under chapter 195, and other lands or waters meeting criteria established by the natural area reserves system commission. See Hawaii Revised Statutes 195F-2
• Poultry products: means chicken eggs, uncooked in shell, egg-laying chicks, meat bird chicks, pullets, broilers, fryers, and laying chicken hens. See Hawaii Revised Statutes 155D-1
• Power of attorney: means the designation of an agent to make mental health care decisions for the principal granting the power. See Hawaii Revised Statutes 327G-2
• 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}
• Power of attorney for health care: means the designation of an agent to make health-care decisions for the individual granting the power. See Hawaii Revised Statutes 327E-2
• Power purchase agreement: means a contract between two parties, one that generates electricity, or the seller, and one that seeks to purchase electricity, or the buyer, that defines all of the commercial terms for the sale of electricity between the two parties. See Hawaii Revised Statutes 196-61
• Prearranged ride: means the provision of transportation by a transportation network company driver to a passenger, beginning when a transportation network company driver accepts a passenger's request for a ride through a digital network or software application service controlled by a transportation network company, continuing while the transportation network company driver transports the requesting passenger, and ending when the requesting passenger, or the last passenger from the requesting passenger's party, departs from the personal vehicle. See Hawaii Revised Statutes 431:10C-701
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Premises: shall include but not be limited to a lodging or tenement house, group residence, group living arrangement, hotel, boardinghouse, or restaurant as further defined in § 445-90, or any other like facility serving unsupervised or unrelated individuals. See Hawaii Revised Statutes 46-15.6
• Premiums: means amounts and considerations received on covered policies or contracts less premiums, considerations and deposits returned thereon, and less dividends and experience credits thereon. See Hawaii Revised Statutes 431:16-205
• Prescription: means prescription medication or medications that the qualified patient may self-administer to end the qualified patient's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Pressure piping: means piping systems specified in the American Society of Mechanical Engineers Power Piping Code B31. See Hawaii Revised Statutes 397-3
• Pressure retaining item: means a boiler, pressure vessel, or pressure system. See Hawaii Revised Statutes 397-3
• Pressure system: means either a pressure vessel or pressure piping as defined in this section. See Hawaii Revised Statutes 397-3
• Pressure vessel: means a closed vessel in which pressure is obtained from an external source or by the direct application of heat from a direct or indirect source. See Hawaii Revised Statutes 397-3
• Primary care: means health care services for a range of common conditions provided by a physician or nonphysician primary care professional. See Hawaii Revised Statutes 431:26-101
• Primary care professional: means a participating health care professional designated by the health carrier to supervise, coordinate, or provide initial care or continuing care to a covered person, and who may be required by the health carrier to initiate a referral for specialty care and maintain supervision of health care services rendered to the covered person. See Hawaii Revised Statutes 431:26-101
• Primary physician: means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Hawaii Revised Statutes 327E-2
• Primary physician: means a physician designated by a principal or the principal's agent or guardian to have primary responsibility for the principal's health care, including mental health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Hawaii Revised Statutes 327G-2
• Principal: means a competent adult or emancipated minor who has executed a written advance mental health care directive or power of attorney for mental health care. See Hawaii Revised Statutes 327G-2
• Principal agent: means the responsible managing agent who is responsible for managing an employment agency and who is responsible for all business transactions and actions by the agency's employees. See Hawaii Revised Statutes 373-1
• Principal place of business: means , with respect to determining the home state of the insured:
  (1) The state where the insured maintains the insured's headquarters and where the insured's high-level officers direct, control, and coordinate the business activities;
  (2) If the insured's high-level officers direct, control, and coordinate the business activities in more than one state, the state in which the greatest percentage of the insured's taxable premium for that insurance contract is allocated; or
  (3) If the insured maintains the insured's headquarters or the insured's high-level officers direct, control, and coordinate the business activities outside any state, the state in which the greatest percentage of the insured's taxable premium for that insurance contract is allocated. See Hawaii Revised Statutes 431:8-102
• Principal residence: means , with respect to determining the home state of the individual insured:
  (1) The state where the individual insured resides for the greatest number of days during a calendar year; or
  (2) If the insured's principal residence is located outside any state, the state in which the greatest percentage of the insured's taxable premium for that insurance contract is allocated. See Hawaii Revised Statutes 431:8-102
• Priority guidelines: means those guidelines which shall take precedence when addressing areas of statewide concern. See Hawaii Revised Statutes 226-2
• Private hospital: means all currently operating hospitals, except for hospitals that are:
  (1) Operated by or affiliated with the Hawaii health systems corporation; or
  (2) Charitable hospitals funded primarily through donations or other non-insurance sources of funding, and whose net patient revenue is less than fifty per cent of operating expenses, per the medicaid cost report. See Hawaii Revised Statutes 346G-3
• Pro rata share: means the share determined with respect to an S corporation shareholder for a taxable period in the manner provided in section 1377(a)(1) or (2) or 1362(e)(2) or (3) or (6)(D), as the case may be, of the Internal Revenue Code. See Hawaii Revised Statutes 235-121
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Processing: means :
  (1) Making a transformative change to hemp biomass following harvest by converting it into a crude extract or manufactured hemp product; or
  (2) Compounding, blending, extracting, infusing, or otherwise producing a manufactured hemp product by:

  (A) Completing the manufacturing process of transforming crude extract into a manufactured hemp product; or

  (B) Using a manufactured hemp product as an ingredient in the production of another manufactured hemp product. See Hawaii Revised Statutes 328G-1
• produce: means the planting, cultivating, growing, or harvesting of cannabis. See Hawaii Revised Statutes 329D-1
• producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See Hawaii Revised Statutes 431:9A-102
• Product: means the form of a policy or contract, including any application, endorsement, or related form that is attached to and made a part of the policy or contract, and any evidence of coverage or certificate, for an individual or group annuity, life insurance, disability income, or long-term care insurance product that an insurer is authorized to issue. See Hawaii Revised Statutes 431:30-102
• Product name: means the name of the commercial feed that identifies it as to kind, class, or specific use. See Hawaii Revised Statutes 144-2
• Production: includes the manufacture of medical cannabis products pursuant to this chapter. See Hawaii Revised Statutes 329D-1
• production center: means a farm or series of structures located within the same secured perimeter fence-line wholly owned, operated, or subcontracted by a person licensed by the State pursuant to this chapter as a medical cannabis dispensary that produces cannabis and manufactured cannabis products to supply cannabis and manufactured cannabis products to one or more of the retail dispensing locations of any licensed medical cannabis dispensary. See Hawaii Revised Statutes 329D-1
• Professional association: means a national or statewide association or committee of professionals, or a nonprofit organization operated in support of a professional association that is recognized by the board and designated to administer and monitor the diversion program. See Hawaii Revised Statutes 334D-2
• Professional corporation: means a domestic professional corporation for profit subject to this chapter. See Hawaii Revised Statutes 415A-2
• Professional employer agreement: means a written contract by and between a client company and a professional employer organization that:

  (1) Provides for covered employees to the client company;

  (2) Describes the duties and responsibilities of the client company and the professional employer organization with respect to the covered employees; and

  (3) Includes a declaration by the professional employer organization of the professional employer organization's responsibilities under § 373L-6. See Hawaii Revised Statutes 373L-1

• Professional employer organization: means any person that is a party to a professional employer agreement with a client company and whose covered employees perform services on a long-term, rather than temporary or project-specific basis. See Hawaii Revised Statutes 373L-1
• Professional service: means any service that lawfully may be rendered only by persons licensed under chapters 442, 448, 453, 455, 457, 459, 461, 463E, 465, 466, 471, and 605. See Hawaii Revised Statutes 415A-2
• Program: means the nonpoint source pollution management and control program established within the department pursuant to this chapter. See Hawaii Revised Statutes 342E-1
• Program: means the long-term care financing program set forth in this chapter. See Hawaii Revised Statutes 346C-1
• Program: means the offender family service center program. See Hawaii Revised Statutes 353D-2
• program: is synonymous with facility, agency, unit, and organization. See Hawaii Revised Statutes 353G-2
• Program: means the forest stewardship program established in § 195F-3. See Hawaii Revised Statutes 195F-2
• Program: means the transit-oriented development infrastructure improvement district program developed by the board pursuant to section 206E-F. See Hawaii Revised Statutes 206E-242
• Program implementation agreement: means a written forest stewardship management contract between the board and program applicant. See Hawaii Revised Statutes 195F-2
• project: means :

  (1) The lawful acquisition of any property, real, personal, or mixed, tangible or intangible, or any interests therein, pursuant to section 10-4(2);

  (2) Any capital improvement projects on lands held by the office pursuant to section 10-4(2) or in the public land trust, including but not limited to the construction of buildings and other improvements; infrastructure development, and other enterprises which are acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by or on behalf of the office;

  (3) Pilot projects, demonstrations, or both, where those projects or demonstrations fulfill criteria established by the board, pursuant to section 10-5(7); and

  (4) Any other projects determined by rules adopted by the board pursuant to chapter 91 or otherwise authorized by the board in accordance with applicable law to be for the betterment of native Hawaiians and are consistent with the purposes of this chapter. See Hawaii Revised Statutes 10-21

• Project: means any land or water use activity or any construction or operation which requires permits from one or more state agencies or permits from a state agency and a county or federal agency. See Hawaii Revised Statutes 201-61
• Project: means the commercial development, construction, installation, financing, operation, maintenance, repair, and replacement, including without limitation all applicable exploratory, testing, and predevelopment activities related to the foregoing of:

  (1) A geothermal power plant or plants, including all associated equipment, facilities, wells, and transmission lines, on the island of Hawaii for the purpose of generating electric energy for transmission primarily to the island of Oahu through the cable system; and

  (2) An interisland deep water electrical transmission cable system, including all land-based transmission lines and other ancillary facilities, to transmit geothermally generated electric energy from the island of Hawaii to the island of Oahu, regardless of whether the cable system is used to deliver electric energy to any intervening point. See Hawaii Revised Statutes 196D-3

• Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, redevelopment project, residential project, or mixed-use project. See Hawaii Revised Statutes 206E-281
• Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, a redevelopment project, or a residential project, all as defined as follows, or any combination thereof, which combination shall hereinafter be called and known as a "multipurpose project". See Hawaii Revised Statutes 206E-2
• Project: means the acquisition, construction, improvement, installation, equipping, and development of any combination of land, buildings, and other improvements thereon, including, without limitation, parking facilities for use of, or to assist a technology industrial, manufacturing, or processing enterprise located within or without an econimic zone, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus that shall be deemed necessary, suitable, or useful to the enterprise. See Hawaii Revised Statutes 206M-1
• Project agreement: means any agreement entered into under this chapter by the development corporation with a qualified person to finance, construct, operate, or maintain a project or an econimic zone from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist a technology industrial, manufacturing, or processing enterprise, including, without limitation, any lease, sublease, loan agreement, conditional sale agreement, or other similar financing contract or agreement, or any combination thereof. See Hawaii Revised Statutes 206M-1
• Property and casualty insurer: means any insurer that is within the definition of § 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
• Proprietary information: means customer lists and other related information (including the number of customers), technology descriptions, technical information, or trade secrets, and the actual or developmental costs of enhanced 911 service that are developed, produced, or received internally by a communications service provider or by a provider's employees, directors, officers, or agents. See Hawaii Revised Statutes 138-1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prosecuting attorney: means the prosecuting attorney or the deputy prosecuting attorneys of each of the respective counties. See Hawaii Revised Statutes 245-1
• Prospective loss costs: means that portion of a rate that does not include provisions for expenses (other than loss adjustment expenses) or profit, and are based on historical aggregate losses and loss adjustment expenses adjusted through development to their ultimate value and projected through trending to a future point in time. See Hawaii Revised Statutes 431:14-101.5
• Protected cell: means a separate account established by a sponsored captive insurance company formed or licensed under this article in which assets are maintained for one or more participants in accordance with the terms of one or more participant contracts to fund the liability of the sponsored captive insurance company assumed on behalf of the participants as set forth in the participant contracts. See Hawaii Revised Statutes 431:19-101
• provider: means a health care professional, pharmacy, or facility. See Hawaii Revised Statutes 431:26-101
• Provider: means the person who is issued the license or certificate of registration, as the case may be, by the department to provide care in an adult foster or developmental disabilities domiciliary home. See Hawaii Revised Statutes 333F-1
• Provider orders for life-sustaining treatment form: means a form signed by a patient, or if incapacitated, by the patient's legally authorized representative and the patient's provider, that records the patient's wishes and that directs a health care provider regarding the provision of resuscitative and life-sustaining measures. See Hawaii Revised Statutes 327K-1
• Psychologist: means an individual authorized to practice psychology under chapter 465. See Hawaii Revised Statutes 327G-2
• Psychologist: means a person licensed to practice psychology under chapter 465. See Hawaii Revised Statutes 334B-2
• Public adjuster: means an adjuster employed by and solely representing the financial interests of the insured named in the policy. See Hawaii Revised Statutes 431:9-105
• Public advisory body: means the advisory body established in section 205A-3. See Hawaii Revised Statutes 205A-1
• Public agency: means any office, department, board, commission, bureau, division, public corporation agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206E-2
• Public agency: means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206M-1
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public facilities: includes streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the district, sites for schools, parks, parking garage, sidewalks, pedestrian ways, and other community facilities. See Hawaii Revised Statutes 206E-2
• Public highway: means all state and county roads, alleys, streets, ways, lanes, bikeways, and bridges. See Hawaii Revised Statutes 135-1
• Public highways: has the meaning defined by § 264-1 including both state and county highways, but operation upon rails shall not be deemed transportation on the public highways. See Hawaii Revised Statutes 239-2
• Public lands: means lands owned by the federal government, the State, or a county, or lands owned by any political subdivision of the federal government, the State, or a county. See Hawaii Revised Statutes 195D-2
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public safety agency: means a functional division of the State or a county that provides or has authority to provide, or a private entity contracted by a state or county agency that provides, firefighting, law enforcement, ambulance, medical, or other emergency services. See Hawaii Revised Statutes 138-1
• Public safety answering point: means the public safety agency that receives incoming 911 calls and dispatches appropriate public safety agencies to respond to those calls. See Hawaii Revised Statutes 138-1
• Public service company: means a public utility, motor carrier, or contract carrier. See Hawaii Revised Statutes 239-2
• Public transit station: means a planned or existing station connected to a locally preferred alternative for a mass transit project. See Hawaii Revised Statutes 206E-281
• Public utility: has the meaning given that term in § 269-1. See Hawaii Revised Statutes 239-2
• Public utility: has the meaning given that term in § 269-1, excluding, however, the State or any county or any commission or board of the State or of any county, and any person subject to the Federal Railway Labor Act, as amended from time to time. See Hawaii Revised Statutes 381-1
• Public utility: has the meaning given that term in § 269-1. See Hawaii Revised Statutes 235-21
• Purchase: means to take by sale, lease, mortgage, pledge, consensual lien, security interest, gift, or any other voluntary transaction that creates an interest in a vessel. See Hawaii Revised Statutes 200A-2
• Purchaser: means a person that takes by purchase. See Hawaii Revised Statutes 200A-2
• Purchasing agent: means any person who, as an agent and not a seller, for a consideration, is engaged in the State in the business of purchasing for the purchasing agent's principal or principals from an unlicensed seller or sellers property for use by such principals in the State, for example, by forwarding orders for such purchases, in behalf of such principals, it being immaterial whether the purchasing agent is compensated for the purchasing agent's services by the seller or by the purchaser; but the term "purchasing agent" does not include an employee of the purchaser. See Hawaii Revised Statutes 237-1
• Pure captive insurance company: means a captive insurance company that only insures or reinsures risks of its parent and affiliated entities or of a controlled unaffiliated business. See Hawaii Revised Statutes 431:19-101
• pyrotechnic contents: means the combustible or explosive component of fireworks. See Hawaii Revised Statutes 132D-2
• Qualified actuary: means a member of the American Academy of Actuaries who is either a fellow of the Casualty Actuarial Society or an Associate of the Casualty Actuarial Society who has five or more years of experience. See Hawaii Revised Statutes 431:14A-102
• Qualified contract examiner: means a person under contract to the commissioner, who is qualified by education, experience and, where applicable, professional designations, to perform market conduct actions. See Hawaii Revised Statutes 431:2D-102
• Qualified feed developer: means any person that, at the time of application for and disbursement of funds under this chapter, is in the business of cultivating feed crops or manufacturing feed for qualified producers. See Hawaii Revised Statutes 155D-1
• Qualified nonprofit housing trust: means a corporation, association, or other duly chartered organization that is registered and in good standing with the State; is recognized by the Internal Revenue Service as a charitable or otherwise tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and has the capacity and resources as determined by the authority to carry out the requirements of the reserved housing and workforce housing programs. See Hawaii Revised Statutes 206E-2
• Qualified patient: means a capable adult who is a resident of the State and has satisfied the requirements of this chapter in order to obtain a prescription to end the qualified patient's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
• Qualified person: means an individual who is eligible under this chapter to own shares issued by a professional corporation. See Hawaii Revised Statutes 415A-2
• Qualified person: means any individual, firm, partnership, corporation, association, cooperative, or other legal entity, governmental body or public agency, or any combination of the foregoing, possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of a project and other qualifications as may be deemed desirable by the development corporation in administering this chapter and which enters into a project agreement with the development corporation. See Hawaii Revised Statutes 206M-1
• Qualified producer: means any person that at the time of application for and disbursement of funds under this chapter is in the business of producing:

  (1) Milk from a herd, located in Hawaii, of not less than ten cows or twenty-five lactating milking goats;

  (2) Poultry products from a flock, raised and located in Hawaii, of not less than thirty birds;

  (3) Pork from a herd, raised and located in Hawaii, of not less than ten sows;

  (4) Beef that is grown, slaughtered, processed, and marketed in Hawaii. See Hawaii Revised Statutes 155D-1

• Qualified-beneficiary: means , for purposes of the long-term care benefits plan, a former employee or an employee who is not eligible for benefits due to a reduction in work hours, including the spouse, divorced spouse, parents, grandparents, in-law parents, and in-law grandparents of an employee or retiree; provided that the beneficiary was enrolled in the plan before the employee or former employee became ineligible for benefits. See Hawaii Revised Statutes 87A-1
• Qualifying improvement: means a septic system or aerobic treatment unit system or connection to sewer systems, clean energy technology, efficiency technology, resiliency measure, or other improvement approved by the authority. See Hawaii Revised Statutes 196-61
• Quorum: The number of legislators that must be present to do business.
• Racketeering activity: means any act or threat involving but not limited to murder, kidnapping, gambling, criminal property damage, robbery, bribery, extortion, labor trafficking, unlicensed sale of liquor, theft, or prostitution, or any dealing in narcotic or other dangerous drugs that is chargeable as a crime under state law and punishable by imprisonment for more than one year. See Hawaii Revised Statutes 842-1
• Rate: means every rate, charge, classification, schedule, practice, or rule. See Hawaii Revised Statutes 431:14G-102
• Rate: means that cost of insurance per exposure unit whether expressed as a single number or as a prospective loss cost with an adjustment to account for the treatment of expenses, profit, and individual insurer variation in loss experience, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premium. See Hawaii Revised Statutes 431:14-101.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 206E-2
• Real property: means lands, structures, and interests therein, and natural resources including water, minerals, and all such things connected with land, including lands under water and riparian rights, space rights, air rights, and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 206M-1
• Reasonably available: means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a patient's health care needs, and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Hawaii Revised Statutes 327E-2
• Receiver: means receiver, liquidator, rehabilitator, or conservator as the context requires. See Hawaii Revised Statutes 431:15-103
• Receiver: includes liquidator, rehabilitator, conservator, or ancillary receiver, as applicable. See Hawaii Revised Statutes 431:16-105
• Receivership court: means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer. See Hawaii Revised Statutes 431:16-205
• Reciprocal state: means any state other than this State in which in substance and effect sections 431:15-307(a), 431:15-403, 431:15-404, and 431:15-406 through 431:15-408 are in force, and in which provisions are in force requiring the commissioner or equivalent official be the receiver of a delinquent insurer, and in which some provision exists for the avoidance of fraudulent conveyances and preferential transfers. See Hawaii Revised Statutes 431:15-103
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 200A-2
• Record keeping services: means those circumstances under which the insurer has agreed with a group policy or contract customer to be responsible for obtaining, maintaining, and administering in its own or its agents' systems information about each individual insured under an insured's group insurance contract, or a line of coverage thereunder, at least the following information:

  (1) Social security number or name and date of birth;

  (2) Beneficiary designation information;

  (3) Coverage eligibility;

  (4) Benefit amount; and

  (5) Premium payment status. See Hawaii Revised Statutes 431:10D-653

• 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}
• recover: means that the number of individuals of the protected species has increased to the point that the measures provided under this chapter or the federal Endangered Species Act are no longer needed. See Hawaii Revised Statutes 195D-2
• Registration information: means the information specified in section 846E-2(d) and (e). See Hawaii Revised Statutes 846E-1
• Regulation: means any rule and regulation promulgated by the commissioner pursuant to chapter 91. See Hawaii Revised Statutes 431:10C-103
• Regulatory action level risk-based capital: means , with respect to any insurer, the product of 1. See Hawaii Revised Statutes 431:3-401
• Rehabilitation area: means any area of the State struck by a state disaster and declared to be in need of rehabilitation by the governor pursuant to section 209-2. See Hawaii Revised Statutes 209-1
• Related services: means and includes all services, other than stevedoring services, ordinarily or necessarily performed in regard to cargo, goods, wares, and merchandise of every kind arriving at a terminal facility for shipment by or discharge from vessels and other craft; and "related facilities" means and includes all facilities in connection therewith. See Hawaii Revised Statutes 382-1
• Release: means release from:
  (1) Imprisonment;
  (2) Imprisonment and placed on parole;
  (3) Imprisonment and placed on furlough;
  (4) Any form of commitment, custody, or confinement resulting from an order made pursuant to chapter 704; or
  (5) A halfway house or other equivalent facility,

  whichever is later. See Hawaii Revised Statutes 846E-1

• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any hazardous substance, or pollutant or contaminant into the environment, including the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance, or pollutant or contaminant. See Hawaii Revised Statutes 128E-1
• Relocation: means the removal of all or substantially all of the industrial, commercial, or business operations in a covered establishment to a location outside the State of Hawaii. See Hawaii Revised Statutes 394B-2
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Renewable energy: means energy produced by solar, energy conserved by passive solar design/daylighting, ocean thermal, wind, wave, geothermal, waste-to-energy, or biomass power. See Hawaii Revised Statutes 196-11
• Renewable energy technology: means the equipment and related accessories required to generate or produce renewable energy. See Hawaii Revised Statutes 196-61
• rental agreement: means any written agreement setting forth the terms and conditions governing the use of a motor vehicle that is rented or leased from a rental company. See Hawaii Revised Statutes 431:9A-141
• rental company: means any person that is primarily in the business of providing motor vehicles to the public under a motor vehicle rental agreement for a rental period not to exceed ninety days. See Hawaii Revised Statutes 431:9A-141
• rental company producer: means a motor vehicle rental company that is licensed by the commissioner to solicit and sell insurance coverages only in connection with and which are incidental to the rental company's business of renting motor vehicles. See Hawaii Revised Statutes 431:9A-141
• Rental contractor: means an entity that rents, leases, or proposes to rent or lease, vehicles to state employees for purposes of official government business under a contract pursuant to this chapter. See Hawaii Revised Statutes 196-2
• Rental transaction: means any part of the process for the rental or lease of a premises for residential purposes. See Hawaii Revised Statutes 368F-1
• Repeat covered offender: means :
  (1) A person who is or has been convicted at any time, whether before or after May 9, 2005, of more than one covered offense as defined in this section, except that a conviction for multiple counts within a single charging document that allege covered offenses against the same victim and that allege the same date of the covered offense against that single victim shall be considered, for the purposes of this definition, a single covered offense; or
  (2) A person who is or has been charged at any time, whether before or after May 9, 2005, with more than one covered offense as defined in this section and who has been, more than once, either:

  (A) Convicted;

  (B) Found unfit to proceed pursuant to chapter 704; or

  (C) Acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704. See Hawaii Revised Statutes 846E-1
• Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five per cent of the time. See Hawaii Revised Statutes 132C-2
• Replacement vehicle: means a specific, comparable, and available vehicle in as good or better overall condition than the total loss vehicle. See Hawaii Revised Statutes 431:10C-103
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: means any salesperson, commission agent, manufacturer's representative, broker or other person who is authorized or employed by a seller to assist the seller in selling property for use in the State, by procuring orders for the sales or otherwise, and who carries on those activities in the State, it being immaterial whether the activities are regular or intermittent. See Hawaii Revised Statutes 237-1
• Representative: includes any person chosen by an employee to represent the employee. See Hawaii Revised Statutes 377-1
• Representative: means any person or persons, labor organization, organization, or corporation designated either by a public utility or by employees to act for it or them. See Hawaii Revised Statutes 381-1
• Representative: means any individual who can advise and advocate for a person with developmental or intellectual disabilities and who shall serve at the request and pleasure of such person; provided that if the person with developmental or intellectual disabilities is a minor or is legally incapacitated and has not requested a representative, the parent or guardian may request a representative to assist on behalf of the person with developmental or intellectual disabilities. See Hawaii Revised Statutes 333F-1
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Reseller: means a person or entity that purchases communications service from a communications service provider for the purpose of reselling communications service to end-users. See Hawaii Revised Statutes 138-1
• Reserved housing: means housing designated for residents in the low- or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule. See Hawaii Revised Statutes 206E-101
• Reserved housing: means housing designated for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule. See Hawaii Revised Statutes 206E-2
• Reserved housing loan programs: includes all or any part of the loan to lenders program, the purchase of existing loans program, the advance commitments program, and the eligible loan and eligible project loan funding program authorized under this part. See Hawaii Revised Statutes 206E-101
• Reserves: means reserves required or permitted in the covenants in the resolution or resolutions of the board authorizing the obtaining of loans or issuance of revenue bonds under this part. See Hawaii Revised Statutes 10-21
• Resident: means a person to whom a contractual obligation is owed and who resides in this State on the date of entry of a court order that determines a member insurer to be an impaired insurer or an insolvent insurer. See Hawaii Revised Statutes 431:16-205
• Resident day: means a calendar day of care provided to a nursing facility resident, including the day of admission and excluding the day of discharge; provided that one resident day shall be deemed to exist when admission and discharge occur on the same day. See Hawaii Revised Statutes 346F-3
• residential: means the living space occupied by the person with a developmental or intellectual disability, including single-person homes, natural family homes, care homes, group homes, foster homes, institutional facilities, and all other types of living arrangements. See Hawaii Revised Statutes 333F-1
• Residential project: means a project or that portion of a multipurpose project, including residential dwelling units, designed and intended for the purpose of providing housing and any facilities as may be incidental or appurtenant thereto. See Hawaii Revised Statutes 206E-2
• Residential ventilating fan: means a ceiling or wall-mounted fan, or remotely mounted in-line fan, designed to be used in a bathroom or utility room for the purpose of moving air from inside the building to the outdoors. See Hawaii Revised Statutes 196-81
• Resource recovery facility: means a facility in which solid waste is reprocessed into new products in such manner that original products lose their identity. See Hawaii Revised Statutes 340A-1
• Respite care: means a service provided in a least restrictive environment for short term care to meet the needs, ranging from simple to complex, of persons with developmental or intellectual disabilities. See Hawaii Revised Statutes 333F-1
• restaurant: includes a bar area within the restaurant and outdoor areas of restaurants. See Hawaii Revised Statutes 328J-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail dispensing location: means an establishment owned, operated, or subcontracted by a medical cannabis dispensary where cannabis and manufactured cannabis are made available for retail sale to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. See Hawaii Revised Statutes 329D-1
• Retail tobacco permit: means a permit granted under this chapter that authorizes an entity to engage in the business of selling cigarettes and tobacco products to consumers. See Hawaii Revised Statutes 245-1
• Retailer: means an entity that engages in the practice of selling cigarettes or tobacco products to consumers and includes the owner of a cigarette or tobacco product vending machine. See Hawaii Revised Statutes 245-1
• Retained asset account: means any mechanism whereby the settlement of proceeds payable under a policy or contract is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits. See Hawaii Revised Statutes 431:10D-653
• Retro-commissioning: means a quality-oriented process, which takes place after systems have been placed in operation, for achieving, verifying, and documenting that the performance of facilities, systems, and assemblies perform as closely as possible to defined performance criteria, with regards to energy conservation design strategies and the energy performance of buildings. See Hawaii Revised Statutes 196-11
• Revenue: means the moneys collected, including any moneys collected from the county or any department thereof, from the rates, rentals, fees and charges prescribed for the use and services of, and the facilities and commodities furnished by, an undertaking or the use and services and benefits of a loan program. See Hawaii Revised Statutes 49-1
• Revenue bonds: means revenue bonds, interim certificates, notes, debentures, or other evidence of indebtedness of the board authorized by or issued under this part. See Hawaii Revised Statutes 10-21
• Revenue bonds: means bonds, notes, or other evidence of indebtedness of the authority issued to finance any of the reserved housing loan programs under this part. See Hawaii Revised Statutes 206E-101
• Revenue bonds: means all bonds payable solely from and secured by the revenue, or user taxes, or any combination of both, of an undertaking or loan program or any loan made thereunder for which such bonds are issued and as otherwise provided in this chapter. See Hawaii Revised Statutes 49-1
• Review agent: means a hospital or nonhospital-affiliated person or entity performing utilization review or managed care that is either affiliated with, under contract with, or acting on behalf of:

  (1) A business entity in this State; or

  (2) A third party that provides or administers hospital, medical, psychological, or other health care benefits to citizens of this State, including a health insurer, nonprofit health service plan, health insurance service organization, health maintenance organization, or preferred provider organization authorized to offer health insurance policies or contracts in this State. See Hawaii Revised Statutes 334B-2

• Revolving line of credit: means a type of credit in which loan advances are made for eligible purposes and where repaid principal deposited back into the sub-fund may be re-borrowed. See Hawaii Revised Statutes 196-61
• Risk assessment: means the risk assessment that each licensee is required to conduct under section 431:3B-202. See Hawaii Revised Statutes 431:3B-101
• Risk retention captive insurance company: means a captive insurance company that is formed as a "risk retention group" as defined in chapter 431K. See Hawaii Revised Statutes 431:19-101
• 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
• Rule: means a statement of general or particular applicability and future effect adopted by the commission, including a uniform standard developed pursuant to section 431:30-112 of this compact, designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of the commission, which shall have the force and effect of law in the compacting states. See Hawaii Revised Statutes 431:30-102
• S corporation: means a corporation for which a valid election under section 1362(a) of the Internal Revenue Code is in effect. See Hawaii Revised Statutes 235-121
• sale: includes exchange. See Hawaii Revised Statutes 144-2
• Sale: includes every act of selling and includes any sale or act of selling that originates from any order that is placed or submitted by means of a telephonic or other method of voice transmission, the mail, or any other delivery service, or the Internet or other online service. See Hawaii Revised Statutes 245-1
• sales: includes the exchange of properties as well as the sale thereof for money. See Hawaii Revised Statutes 237-1
• Sales: means all gross receipts of the taxpayer not allocated under §§ 235-24 to 235-28. See Hawaii Revised Statutes 235-21
• Search and rescue expenses: include the following expenses incident to, and incurred by, a government entity or any person or private entity in a search or rescue operation:

  (1) Any and all actual hourly wages, salaries, and employment-related benefits, of persons participating in a search or rescue operation;

  (2) Any and all equipment costs, including rental, lease, use, repair, and/or replacement costs of equipment used in a search or rescue operation;

  (3) Any and all fuel expenses incident to a search or rescue operation;

  (4) Any and all other expenses relating to a search and rescue operation. See Hawaii Revised Statutes 137-1

• Seasonal pursuit: means one in which it is customary in each year for the volume of employment in such pursuit to be substantially increased during a regularly recurring period or periods of seasonal activity, and in the remainder of the year, owing to climate or other natural conditions, for the volume of employment to be substantially decreased. See Hawaii Revised Statutes 387-1
• Secondary boycott: includes combining or conspiring to cause or threaten to cause injury to one with whom no labor dispute exists, whether by:

  (1) Withholding patronage, labor, or other beneficial business intercourse;

  (2) Picketing;

  (3) Refusing to handle, install, use, or work on particular materials, equipment, or supplies; or

  (4) Using any other unlawful means,

  in order to bring one against one's will into a concerted plan to coerce or inflict damage upon another. See Hawaii Revised Statutes 377-1

• Secondary prevention: means efforts targeting children and families that are considered, because of their life situations, to be at risk of abuse or neglect. See Hawaii Revised Statutes 350B-1
• Secured claim: means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims against general assets. See Hawaii Revised Statutes 431:15-103
• Secured party of record: means the secured party whose name is indicated as the name of the secured party in the department's files or, if the files indicate more than one secured party, the name indicated first. See Hawaii Revised Statutes 200A-2
• Security agreement: means an agreement that creates or provides for a security interest. See Hawaii Revised Statutes 200A-2
• Security interest: includes any interest of a consignor in a vessel in a transaction that is subject to article 9 of chapter 490. See Hawaii Revised Statutes 200A-2
• Seed capital: means financing provided for the earliest stage of business development, including but not limited to developing a working prototype, preparing a business plan, performing an initial market analysis, or organizing a management team. See Hawaii Revised Statutes 206M-1
• Self-administer: means an individual performing an affirmative, conscious, voluntary act to take into the individual's body prescription medication to end the individual's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
• Self-insurer: means a person that covers its liability through a qualified individual or group self-insurance program or any other formal program created for the specific purpose of covering liabilities typically covered by insurance. See Hawaii Revised Statutes 431:16-105
• Sell: means to:

  (1) Solicit and receive an order for;

  (2) Have, keep, offer, or expose for sale;

  (3) Deliver for value or deliver in any other way than purely gratuitously;

  (4) Peddle;

  (5) Keep with intent to sell; and

  (6) Traffic in. See Hawaii Revised Statutes 245-1

• Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See Hawaii Revised Statutes 431:9A-102
• Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 200A-2
• Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 490:2-103
• selling: means any transfer of title or possession, exchange, or barter, conditional or otherwise, and includes the giving of cigarettes as samples, prizes, or gifts, and the exchange of cigarettes for any consideration. See Hawaii Revised Statutes 132C-2
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• Serious acute condition: means a disease or condition for which the covered person is currently requiring complex ongoing care, such as chemotherapy, post-operative visits, or radiation therapy. See Hawaii Revised Statutes 431:26-101
• Serious violation: means a violation that carries with it a substantial probability that death or serious physical harm could result from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use, in a place of employment, unless the employer did not, and could not with the exercise of reasonable diligence, have known of the presence of the violation. See Hawaii Revised Statutes 396-3
• service animal: means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. See Hawaii Revised Statutes 347-2.5
• Service of process: The service of writs or summonses to the appropriate party.
• Services: means appropriate assistance provided to a person with a developmental or intellectual disability in the least restrictive, individually appropriate environment to provide for basic living requirements and continuing development of independence or interdependent living skills of the person. See Hawaii Revised Statutes 333F-1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex offender: means :
  (1) A person who is or has been convicted at any time, whether before or after May 9, 2005, of a "sexual offense"; or
  (2) A person who is or has been charged at any time, whether before or after May 9, 2005, with a "sexual offense" and is or has been found unfit to proceed and is or has been released into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community. See Hawaii Revised Statutes 846E-1
• Sexual assault evidence collection kit: means a kit that contains a human biological specimen or specimens collected by a health care provider during a medical forensic examination from the victim of a suspected criminal sexual offense. See Hawaii Revised Statutes 844G-1
• Sexual offense: means an offense that is:
  (1) Set forth in section 707-730(1), 707-731(1), 707-732(1), 707-733(1)(a), 707-733. See Hawaii Revised Statutes 846E-1
• Sexual orientation: means :

  (1) Having a preference for heterosexuality, homosexuality, or bisexuality;

  (2) Having a history of any one or more of these preferences; or

  (3) Being identified with any one or more of these preferences. See Hawaii Revised Statutes 846-51

• Shared car: means a motor vehicle that is registered pursuant to chapter 286 and is not owned; controlled; operated; maintained; or managed by or registered, directly or indirectly through an affiliate, to the peer-to-peer car-sharing program; and is available for sharing through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 431:10C-801
• Shared car driver: means an individual who has been authorized to drive the shared car by the shared car owner under a car-sharing program agreement. See Hawaii Revised Statutes 431:10C-801
• Shared car owner: means the registered owner of a shared car. See Hawaii Revised Statutes 431:10C-801
• Shoreline: means the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 200-1
• Shoreline: means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 205A-1
• Shoreline area: shall include all of the land area between the shoreline and the shoreline setback line and may include the area between mean sea level and the shoreline; provided that if the highest annual wash of the waves is fixed or significantly affected by a structure that has not received all permits and approvals required by law or if any part of any structure in violation of this part extends seaward of the shoreline, then the term "shoreline area" shall include the entire structure. See Hawaii Revised Statutes 205A-41
• Shoreline setback line: means that line established in this part or by the county running inland from the shoreline at a horizontal plane. See Hawaii Revised Statutes 205A-41
• Showerhead: includes handheld showerheads and any other showerhead, except a safety showerhead. See Hawaii Revised Statutes 196-81
• sickness insurance: shall include an accident-only; specified disease; hospital indemnity; long-term care; disability; dental; vision; medicare supplement; short-term, limited-duration health insurance; or other limited benefit health insurance contract regardless of the manner in which benefits are paid; provided that if any of the requirements in the foregoing sections as applied to long-term care insurance conflict with article 10H, the provisions of article 10H shall govern and control. See Hawaii Revised Statutes 431:10A-607
• Sign: means , with present intent to authenticate or adopt a record, to:
  (1) Make or adopt a tangible symbol; or
  (2) Attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 200A-2
• Significant effect: means the sum of effects on the quality of the environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, are contrary to the State's environmental policies or long-term environmental goals as established by law, or adversely affect the economic welfare, social welfare, or cultural practices of the community and State. See Hawaii Revised Statutes 343-2
• Small Business Administration: means the Small Business Administration of the United States. See Hawaii Revised Statutes 209-1
• Smoking: includes the use of an electronic smoking device. See Hawaii Revised Statutes 328J-1
• Socio-cultural advancement: means those collective efforts, through governmental or private organizations or both, to improve the community or social well-being by carrying out the objectives and policies as related to: housing, health, education, social services, leisure, individual rights, culture, and public safety. See Hawaii Revised Statutes 226-2
• sold: includes any delivery of cigarettes or tobacco products, whether cash is actually paid therefor or not. See Hawaii Revised Statutes 245-1
• Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See Hawaii Revised Statutes 431:9A-102
• Solid waste: means garbage, refuse and other discarded solid materials, including solid waste materials resulting from industrial and commercial operations, and from community activities. See Hawaii Revised Statutes 340A-1
• Source separated waste: means recyclable waste materials which are set aside at their point of generation for segregated collection and transport to specialized waste processing sites or final manufacturing markets. See Hawaii Revised Statutes 340A-1
• Special facility: means one or more buildings, structures, or facilities and the land thereof located in an econimic zone for the technology industry, including, without limitation, facilities for technology research, development, support, processing, and manufacturing, which are the subject of a special facility lease. See Hawaii Revised Statutes 206M-41
• Special facility lease: includes a contract, lease, or other agreement, or any combination thereof, the subject matter of which is the same special facility. See Hawaii Revised Statutes 206M-41
• Special facility revenue bonds: means all bonds, notes, and other instruments of indebtedness of the State issued pursuant to this part and part III of chapter 39. See Hawaii Revised Statutes 206M-41
• Special management area: means the land extending inland from the shoreline as delineated on the maps filed with the authority as of June 8, 1977, or as amended pursuant to § 205A-23. See Hawaii Revised Statutes 205A-22
• Special management area minor permit: means an action by the authority authorizing development the valuation of which is not in excess of $500,000 and which has no substantial adverse environmental or ecological effect, taking into account potential cumulative effects. See Hawaii Revised Statutes 205A-22
• Special management area use permit: means an action by the authority authorizing development the valuation of which exceeds $500,000 or which may have a substantial adverse environmental or ecological effect, taking into account potential cumulative effects. See Hawaii Revised Statutes 205A-22
• Special purpose entity: means a legal entity created to fulfill narrow, specific, or temporary objectives and is typically used by companies to isolate the firm from financial risk. See Hawaii Revised Statutes 196-61
• Special purpose revenue bonds: means bonds, notes, or other evidences of indebtedness of a county issued pursuant to this chapter. See Hawaii Revised Statutes 48E-1
• Specialist: includes a subspecialist who has additional training and recognition above and beyond the subspecialist's specialty training. See Hawaii Revised Statutes 431:26-101
• Specialty care: means advanced medically necessary care and treatment of specific health conditions or health conditions that may manifest themselves in particular ages or subpopulations that are provided by a specialist, preferably in coordination with a primary care professional or other health care professional. See Hawaii Revised Statutes 431:26-101
• Species: means and shall include any subspecies or lower taxa of aquatic life, wildlife, or land plants. See Hawaii Revised Statutes 195D-2
• Sponsor: means any person, employer, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered and approved. See Hawaii Revised Statutes 372-2
• Sponsor: means any entity that meets the requirements of § 431:19-304 and is approved by the commissioner to provide all or part of the minimum required capital and surplus of a sponsored captive insurance company and to organize and operate a sponsored captive insurance company. See Hawaii Revised Statutes 431:19-101
• Sponsored captive insurance company: means a captive insurance company:

  (1) In which the minimum required capital and surplus is provided by one or more sponsors;

  (2) That is formed or licensed under this article;

  (3) That insures the risks only of its participants through separate participant contracts; and

  (4) That may fund its liability to each participant through one or more protected cells. See Hawaii Revised Statutes 431:19-101

• Spray sprinkler body: means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice. See Hawaii Revised Statutes 196-81
• stadium authority: means the stadium authority established pursuant to section 109-1. See Hawaii Revised Statutes 206E-222
• Stamp: means a stamp printed, manufactured, or made by authority of the department, as provided in this chapter, that is issued, sold, or circulated by the department, and by the use of which the tax levied under this chapter is paid. See Hawaii Revised Statutes 245-1
• State: means a state, the District of Columbia, Puerto Rico, or a United States possession, territory, or protectorate. See Hawaii Revised Statutes 431:16-205
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 327E-2
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States. See Hawaii Revised Statutes 350C-2
• State: means the State of Hawaii. See Hawaii Revised Statutes 431:3B-101
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 327G-2
• State: means the State of Hawaii. See Hawaii Revised Statutes 200-23
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 200A-2
• State: means any of the United States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, and Virgin Islands. See Hawaii Revised Statutes 207-11
• State: means any state, district, or territory of the United States of America. See Hawaii Revised Statutes 431:30-102
• State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. See Hawaii Revised Statutes 235-21
• State: means any state, district, or territory of the United States and the Panama Canal Zone. See Hawaii Revised Statutes 431:15-103
• State: includes states, territories, districts, and insular and other possessions of the United States. See Hawaii Revised Statutes 337-1
• State agency: means any department, office, board, or commission of the State, or the University of Hawaii. See Hawaii Revised Statutes 226-2
• State disaster: means any unfortunate, sudden, and extraordinary occurrence declared by the governor pursuant to section 209-2 to have caused losses and suffering of such character and magnitude as to require and justify rehabilitative assistance from the State. See Hawaii Revised Statutes 209-1
• State employee: means an employee of the State, including all permanent and temporary employees of the state judicial, executive, and legislative branches and their respective departments, offices, and agencies. See Hawaii Revised Statutes 196-2
• State highway improvements: means capital improvements to the physical infrastructure of state highways. See Hawaii Revised Statutes 264-121
• State lease: means all leases and easements between the board of land and natural resources and the University of Hawaii pertaining to Mauna Kea that are in effect as of July 1, 2022, including that certain lease by and between the board of land and natural resources and the University of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529. See Hawaii Revised Statutes 195H-2
• State of principal use: means the state on whose waters a vessel is or will be used, operated, navigated, or employed more than on the waters of any other state during a calendar year. See Hawaii Revised Statutes 200A-2
• State programs: means a combination of actions and activities undertaken by any state agency that are designed, coordinated, and executed to achieve an objective or set of objectives and policies within defined areas of concern. See Hawaii Revised Statutes 226-2
• State waters: means all waters, fresh, brackish, or salt, around and within the State including, but not limited to, coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, groundwaters, and lakes; provided that drainage ditches, canals, ponds, wetlands, and reservoirs required as a part of a water pollution control system or an irrigation system are excluded. See Hawaii Revised Statutes 342E-1
• statement: means an informational document prepared in compliance with the rules adopted under § 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural practices of the community and State, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects. See Hawaii Revised Statutes 343-2
• Statement: means information required to be filed with the commissioner pursuant to sections 431:11-104, 431:11-105, and 431:11-106, and guidelines set forth on a form or in a format approved by the commissioner. See Hawaii Revised Statutes 431:11-102
• Status: refers to the location, date, and time that a sexual assault evidence collection kit is transferred within the chain of custody. See Hawaii Revised Statutes 844G-1
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
• Stevedoring industry: means the business of furnishing services for the loading and unloading of cargo transported or to be transported on vessels and other craft, at any ports within the State, and also means the business of furnishing related services, as herein defined. See Hawaii Revised Statutes 382-1
• Stevedoring services: means services for the loading and unloading of cargo transported or to be transported on vessels and other craft and the handling of lines of vessels and other craft, at any ports within the State. See Hawaii Revised Statutes 382-1
• Strike: means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of two or more employees as a result of a labor dispute. See Hawaii Revised Statutes 381-1
• Strike: means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of employees. See Hawaii Revised Statutes 382-1
• Structure: includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. See Hawaii Revised Statutes 205A-22
• Structure: includes , but is not limited to, any portion of any building, pavement, road, pipe, flume, utility line, fence, groin, wall, or revetment. See Hawaii Revised Statutes 205A-41
• Structured settlement annuity: means an annuity purchased to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant. See Hawaii Revised Statutes 431:16-205
• Sub-fund: means a separate fund established within the Hawaii green infrastructure special fund for a specific purpose. See Hawaii Revised Statutes 196-61
• Subaccount: means a fund that is established within, but separate from, another fund and is reserved for a specific purpose. See Hawaii Revised Statutes 196-61
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Substance abuse on-site screening test: means a portable substance abuse test that meets the requirements of the United States Food and Drug Administration for commercial distributionor is manufactured by a facility that is minimally certified as meeting the ISO 13485 standard established by the International Organization for Standardization and which may be used by an employer in the workplace. See Hawaii Revised Statutes 329B-2
• Substance abuse test: means any testing procedure designed to take and analyze body fluids or materials from the body for the purpose of measuring the amount of drugs, alcohol, or the metabolites of drugs in the sample tested. See Hawaii Revised Statutes 329B-2
• Suitable: means the vehicle has the performance capabilities needed for the intended application, including payload and weight capacity for the job or is capable of holding a charge for the time and mileage needed. See Hawaii Revised Statutes 196-2
• Summons: Another word for subpoena used by the criminal justice system.
• Supervising health care provider: means the primary physician or the physician's designee, or the health care provider or the provider's designee who has undertaken primary responsibility for a principal's health care, that includes mental health care. See Hawaii Revised Statutes 327G-2
• Supervising health-care provider: means the primary physician or the physician's designee, or the health-care provider or the provider's designee who has undertaken primary responsibility for an individual's health care. See Hawaii Revised Statutes 327E-2
• Supervisor: means , where shift operation is not required, any individual who has direct responsibility for the operation of a wastewater treatment plant or who supervises operators of such a plant. See Hawaii Revised Statutes 340B-1
• Supplementary rating information: includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, underwriting rule, statistical plan, and any other similar information needed to determine the applicable rates in effect or to be in effect. See Hawaii Revised Statutes 431:14G-102
• Supplementary rating information: includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, underwriting rule, statistical plan, and any other similar information needed to determine the applicable rate in effect or to be in effect. See Hawaii Revised Statutes 431:14-101.5
• Supporting information: means :

  (1) The experience and judgment of the filer and the experience or data of other organizations relied on by the filer;

  (2) The interpretation of any other data relied upon by the filer; and

  (3) Descriptions of methods used in making the rates and any other information required by the commissioner to be filed. See Hawaii Revised Statutes 431:14G-102

• Supporting information: means :

  (1) The experience and judgment of the filer and the experience or data of other insurers, rating organizations, or advisory organizations relied on by the filer;

  (2) The interpretation of any other data relied upon by the filer; and

  (3) Descriptions of methods used in making the rates, and any other information required by the commissioner to be filed. See Hawaii Revised Statutes 431:14-101.5

• Surplus funds: means the excess of the insurer's assets over its liabilities, including its capital stock as a liability. See Hawaii Revised Statutes 431:4-101
• Surplus lines broker: means any person licensed under section 431:8-310 to place insurance on risks resident, located, or to be performed in this State with unauthorized insurers. See Hawaii Revised Statutes 431:8-102
• Surplus lines insurance: means any property and casualty insurance on risks procured from or placed with an unauthorized insurer under the laws of the insured's home state. See Hawaii Revised Statutes 431:8-102
• Surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health-care decision or to act as a medicaid authorized representative for the patient. See Hawaii Revised Statutes 327E-2
• Sustainability: means achieving the following:

  (1) Respect of the culture, character, beauty, and history of the State's island communities;

  (2) Striking a balance between economic, social, community, and environmental priorities; and

  (3) Meeting the needs of the present without compromising the ability of future generations to meet their own needs. See Hawaii Revised Statutes 226-2

• Synthetic cannabinoid: means a cannabinoid that is:
  (1) Produced artificially, whether from chemicals or from recombinant biological agents including but not limited to yeast and algae; and
  (2) Not derived from the genus cannabis, including biosynthetic cannabinoids. See Hawaii Revised Statutes 328G-1
• Take: means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered or threatened species of aquatic life or wildlife, or to cut, collect, uproot, destroy, injure, or possess endangered or threatened species of aquatic life or land plants, or to attempt to engage in any such conduct. See Hawaii Revised Statutes 195D-2
• Targeted examination: means a focused examination conducted for cause, based on the results of market analysis indicating the need to review either a specific line of business or specific business practices, including but not limited to underwriting and rating, marketing and sales, complaint handling operations, advertising materials, licensing, policyholder services, non-forfeitures, claims handling, or policy forms and filings. See Hawaii Revised Statutes 431:2D-102
• Taxable period: means any taxable year or portion of a taxable year during which a corporation is an S corporation. See Hawaii Revised Statutes 235-121
• taxable year: means either the calendar year or the taxpayer's fiscal year when the same constitutes the tax period instead of the calendar year pursuant to § 237-11. See Hawaii Revised Statutes 237-1
• Taxpayer: means any person liable for any tax hereunder. See Hawaii Revised Statutes 237-1
• Technical assistance program: means a program that includes department staff designated to assist landowners in developing, reviewing, or monitoring habitat conservation plans by providing technical assistance. See Hawaii Revised Statutes 195D-2
• Technology: means industries that are technology-intensive, including but not limited to electronics, biotechnology, software, computers, telecommunications, and other computer-related technologies. See Hawaii Revised Statutes 206M-1
• Telehealth: means health care services provided through telecommunications technology by a health care professional who is at a location other than where the covered person is located. See Hawaii Revised Statutes 431:26-101
• television production: means a series of activities that are directly related to the creation of visual and cinematic imagery to be delivered via film, videotape, or digital media and are to be sold, distributed, or displayed as entertainment or the advertisement of products for mass public consumption, including scripting, casting, set design and construction, transportation, videography, photography, sound recording, interactive game design, and post production. See Hawaii Revised Statutes 132D-2
• Temporary help services: means an arrangement by which a person recruits and hires the person's own employees and:

  (1) Finds other organizations that need the services of those employees;

  (2) Assigns those employees to perform work or services for other organizations to support or supplement the other organizations' workforces or to provide assistance in special work situations, including employee absences, skill shortages, seasonal workloads, or special assignments or projects; and

  (3) Customarily attempts to reassign the employees to successive placements with other organizations at the end of each assignment. See Hawaii Revised Statutes 373L-1

• Temporary residence: means a building, permanent structure or unit therein, watercraft, emergency shelter, or transitional housing facility where the covered offender resides, but does not intend to reside for more than one hundred eighty days. See Hawaii Revised Statutes 846E-1
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Terminal disease: means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. See Hawaii Revised Statutes 327L-1
• Terminal facility: means any dock, wharf, pier, quay, bulkhead, or landing, with the appurtenances thereto, and any warehouse used in connection therewith. See Hawaii Revised Statutes 382-1
• Terminate: means :
  (1) To cancel the relationship between an insurance producer and an insurer; or
  (2) To terminate a producer's authority to transact insurance. See Hawaii Revised Statutes 431:9A-102
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tetrahydrocannabinol: means the cannabinoids that functions as the primary psychoactive component of cannabis. See Hawaii Revised Statutes 328G-1
• Text: includes all printed material in the contract except:

  (1) The insurer's name and address;

  (2) The name, number, or title of the contract;

  (3) The table of contents or index;

  (4) Any captions or subcaptions;

  (5) Any specification pages, schedules, or tables;

  (6) Any language required by federal law, regulation, or agency interpretation or any written certification to exclude such language;

  (7) Any language required by any collective bargaining agreement;

  (8) Any medical terminology; and

  (9) Any definitions. See Hawaii Revised Statutes 431:10-102

• Theatrical employment: means gainful occupation as a model, dancer, singer, musician, entertainer or motion picture, television, radio or theatrical performer. See Hawaii Revised Statutes 390-1
• Third party: means any person, agency, employer or any other entity who requests substance abuse testing of another person or persons. See Hawaii Revised Statutes 329B-2
• Third-party service provider: means a person, not otherwise defined as a licensee, that contracts with a licensee to maintain, process, store, or otherwise is permitted access to nonpublic information through its provision of services to the licensee. See Hawaii Revised Statutes 431:3B-101
• Threatened species: means any species of aquatic life, wildlife, or land plant which appears likely, within the foreseeable future, to become endangered and has been so designated pursuant to § 195D-4. See Hawaii Revised Statutes 195D-2
• Threshold planning quantity: means the threshold planning quantity for an "extremely hazardous substance" as defined in Title 40 of the Code of Federal Regulations, Part 355. See Hawaii Revised Statutes 128E-1
• Thrill craft: means any motorized vessel that falls into the category of personal watercraft, and which:

  (1) Is generally less than thirteen feet in length as manufactured;

  (2) Is generally capable of exceeding a speed of twenty miles per hour;

  (3) Can be operated by a single operator, but may have the capacity to carry passengers while in operation; or

  (4) Is designed to provide similar operating performance as a personal watercraft through a combination of small size, power plant, and hull design. See Hawaii Revised Statutes 200-23

• Tier: means specific groups of providers and facilities identified by a network and to which different provider reimbursement, covered person cost-sharing, provider access requirements, or any combination thereof, apply for the same services. See Hawaii Revised Statutes 431:26-101
• Tipped employee: means any employee engaged in an occupation in which the employee customarily and regularly receives more than $20 a month in tips. See Hawaii Revised Statutes 387-1
• Title brand: means a designation of previous damage, use, or condition that shall be indicated on a certificate of title. See Hawaii Revised Statutes 200A-2
• Title IX: refers to the federal Education Amendments of 1972, codified as title 20 United States Code § 1681 et seq. See Hawaii Revised Statutes 368D-3
• Tobacco prevention and control: means activities or programs that attempt to reduce tobacco consumption. See Hawaii Revised Statutes 328L-1
• Tobacco product: means any product made or derived from tobacco, that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. See Hawaii Revised Statutes 328J-1
• Tobacco products: means :
  (1) Tobacco in any form, other than cigarettes or little cigars, that is prepared or intended for consumption or for personal use by humans, including large cigars and any substitutes thereof other than cigarettes that bear the semblance thereof, snuff, chewing or smokeless tobacco, and smoking or pipe tobacco; or
  (2) Electronic smoking devices; or
  (3) E-liquid. See Hawaii Revised Statutes 245-1
• tobacco retailing: means the practice of selling cigarettes or tobacco products to consumers and includes the sale of cigarettes or tobacco through a vending machine. See Hawaii Revised Statutes 245-1
• Tobacco settlement moneys: refers to moneys received by the State pursuant to the tobacco master settlement agreement. See Hawaii Revised Statutes 328L-1
• Tobacco tax: means the tax imposed by this chapter. See Hawaii Revised Statutes 245-1
• Toll-milled feed: means a special feed that is processed by the processor:
  (1) From materials entirely delivered by the owner thereof or the owner's authorized agent; and
  (2) In accordance with the specific instructions of the owner,

  and that is not distributed. See Hawaii Revised Statutes 144-2

• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• tourism related services: means motor carriers of passengers regulated by the public utilities commission. See Hawaii Revised Statutes 239-2
• Townhouse: means a series of individual houses, having architectural unity and a common wall between each unit. See Hawaii Revised Statutes 196-2
• Toxic chemical: means a substance appearing on the list of chemicals described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986, as set forth in Title 40 of the Code of Federal Regulations, Part 372. See Hawaii Revised Statutes 128E-1
• Trade name: means any name used by an insurance producer to solicit insurance business in this State if the true legal name of an individual or a business entity cannot be used. See Hawaii Revised Statutes 431:9A-102
• Traffic accident: means an accident involving motorists, pedestrians, or bicyclists, or a combination, on [a] public highway which impedes the safe and necessary movement of persons or vehicles. See Hawaii Revised Statutes 135-1
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transfer: means every method, direct or indirect, of disposing of property, of an interest in property, of the possession of property, of fixing a lien upon property, or upon an interest in property, absolutely or conditionally, voluntarily or involuntarily, by or without judicial proceedings. See Hawaii Revised Statutes 431:15-103
• Transfer of ownership: means a voluntary or involuntary conveyance of an interest in a vessel. See Hawaii Revised Statutes 200A-2
• Transfer station: means a supplemental transportation facility used as an adjunct to solid waste route collection vehicles, which facility may be fixed or mobile and may include recompaction of solid waste. See Hawaii Revised Statutes 340A-1
• Transportation network company: means an entity that uses a digital network or software application service to connect passengers to transportation network company drivers; provided that the entity:

  (1) Does not own, control, operate, or manage the personal vehicles used by transportation network company drivers; and

  (2) Is not a taxicab association or a for-hire vehicle owner. See Hawaii Revised Statutes 431:10C-701

• Transportation network company driver: means an individual who operates a personal vehicle used to transport a passenger between points chosen by the passenger and prearranged through a transportation network company and that is:

  (1) Owned, leased, or otherwise authorized for use by the individual;

  (2) Not a taxicab or for-hire vehicle; and

  (3) Used to provide prearranged rides to passengers. See Hawaii Revised Statutes 431:10C-701

• treatment program: means a program concerned with education, prevention, or treatment directed toward achieving the prevention of substance abuse, or the social, mental, and physical restoration of substance abusers. See Hawaii Revised Statutes 353G-2
• trend test calculation: include d in the risk-based capital instructions. See Hawaii Revised Statutes 431:3-401
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trough-type urinal: means a urinal designed for simultaneous use by two or more persons. See Hawaii Revised Statutes 196-81
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trust indenture: means an agreement by and between the authority and the trustee, which sets forth the duties of the trustee with respect to the revenue bonds, the security therefor, and other provisions as deemed necessary or convenient by the authority to secure the revenue bonds. See Hawaii Revised Statutes 206E-101
• Trustee: means a trustee of the board of trustees of the Hawaii employer-union health benefits trust fund, as described in § 87A-5. See Hawaii Revised Statutes 87A-1
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means a national or state bank or trust company within or without the State which enters into a trust indenture. See Hawaii Revised Statutes 206E-101
• Trusteed surplus: means the aggregate value of the insurer's general state deposits and trusteed assets deposited with a trustee in compliance with § 431:4F-105, plus accrued investment income thereon where such interest is collected by the states for trustees, less the aggregate net amount of all of the insurer's reserves and other liabilities in the United States as determined in accordance with § 431:4F-106. See Hawaii Revised Statutes 431:4F-101
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• U-drive motor vehicle: means a motor vehicle which is rented or leased or offered for rent or lease to a customer from an operator of a U-drive rental business. See Hawaii Revised Statutes 431:10C-103
• U-drive rental business: means the business of renting or leasing to a customer a motor vehicle for a period of six months or less notwithstanding the terms of the rental or lease if in fact the motor vehicle is rented or leased for a period of six months or less. See Hawaii Revised Statutes 431:10C-103
• Ultimate controlling person: means a person who is not controlled by any other person. See Hawaii Revised Statutes 431:11-102
• Unallocated annuity contract: means any annuity contract or group annuity certificate that is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under such contract or certificate. See Hawaii Revised Statutes 431:16-205
• Unauthorized insurer: means an insurer not holding a valid certificate of authority to transact an insurance business in the state in which the subject resident is located or in which the insurance contract will be performed. See Hawaii Revised Statutes 431:8-102
• Undertaking: means any public works and properties, improvement, or system owned or operated by the county, and from which the county may derive revenue, or with respect to which the county may derive user taxes, including but not limited to one or a combination of two or more of the following: water, sewerage, gas or electric, heat, light or power works, solid waste processing and disposal, public off-street parking facilities, plants, systems, and low and moderate income housing projects provided pursuant to section 46-15. See Hawaii Revised Statutes 49-1
• Undocumented vessel: means any vessel which does not have and is not required to have a valid marine document as a vessel of the United States. See Hawaii Revised Statutes 200-23
• Unfair labor practice: means any unfair labor practice as defined in §§ 377-6 to 377-8. See Hawaii Revised Statutes 377-1
• Uniform application: means the current version of National Association of Insurance Commissioners' uniform application for resident and nonresident producer licensing. See Hawaii Revised Statutes 431:9A-102
• Uniform business entity application: means the current version of National Association of Insurance Commissioners' uniform business entity application for resident and nonresident business entities. See Hawaii Revised Statutes 431:9A-102
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Uniform standard: means a standard adopted by the commission for a product line, pursuant to section 431:30-112 of this compact, and shall include all of the product requirements in aggregate; provided that each uniform standard shall be construed, whether express or implied, to prohibit the use of any inconsistent, misleading, or ambiguous provisions in a product and the form of the product made available to the public shall not be unfair, inequitable, or against public policy as determined by the commission. See Hawaii Revised Statutes 431:30-102
• Uninsured motor vehicle: means any of the following:

  (1) A motor vehicle for which there is no bodily injury liability insurance or self-insurance applicable at the time of the accident; or

  (2) An unidentified motor vehicle that causes an accident resulting in injury; provided the accident is reported to the police or proper governmental authority within thirty days or as soon as practicable thereafter. See Hawaii Revised Statutes 431:10C-103

• United States branch: means the business unit through which business is transacted within the United States by an alien insurer and the assets and liabilities of the insurer within the United States pertaining to such business. See Hawaii Revised Statutes 431:4F-101
• Unlawful debt: means a debt incurred or contracted in an illegal gambling activity or business or which is unenforceable under state law in whole or in part as to principal or interest because of the law relating to usury. See Hawaii Revised Statutes 842-1
• unreported kit: means a sexual assault evidence collection kit for a case in which:

  (1) The victim chose not to report a sexual offense to a law enforcement agency; or

  (2) The victim reported a sexual offense to a law enforcement agency and a formal complaint was generated; but the complaint was subsequently withdrawn at the victim's request. See Hawaii Revised Statutes 844G-1

• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Urban redevelopment site: means non-ceded state-owned lands within a one-mile radius of a public transit station in a county having a population greater than five hundred thousand. See Hawaii Revised Statutes 206E-281
• Urinal: includes a trough-type urinal. See Hawaii Revised Statutes 196-81
• Use: means the exercise of any right or power incident to ownership or possession, other than the sale, or the keeping or retention for the purpose of sale. See Hawaii Revised Statutes 245-1
• User: means any person, firm, or corporation legally in possession and responsible for the safe operation of any boiler, pressure system, amusement ride, or elevator and kindred equipment inspected pursuant to this chapter. See Hawaii Revised Statutes 397-3
• User taxes: means taxes on goods or services or on the consumption thereof, the receipts of which are substantially derived from the consumption, use or sale of goods and services in the utilization of the functions or services furnished by the undertaking. See Hawaii Revised Statutes 49-1
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Utility: means a public utility as defined in § 269-1. See Hawaii Revised Statutes 196-11
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• vehicle: means a motor vehicle:

  (1) Of the private passenger type including passenger vans, minivans, and sport utility vehicles; or

  (2) Of the cargo type, including cargo vans or pickup trucks with a gross vehicle weight of less than twenty-six thousand pounds,

  that do not require a commercial driver's license for the operation of the vehicle. See Hawaii Revised Statutes 431:9A-141

• Vendor: means any person, firm, or corporation that sells or distributes any boiler, pressure system, amusement ride, or elevator and kindred equipment required to be inspected pursuant to this chapter. See Hawaii Revised Statutes 397-3
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Vessel: means all description of watercraft, used or capable of being used as a means of transportation on or in the water, except a seaplane. See Hawaii Revised Statutes 200-23
• Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Hawaii Revised Statutes 200-61
• Vessel: means any watercraft used or capable of being used as a means of transportation on water, except:
  (1) An amphibious vehicle for which a certificate of title is issued pursuant to part III of chapter 286 or a similar statute of another state;
  (2) A watercraft less than eight feet in length and propelled solely by sail, paddle, oar, or an engine of less than ten horsepower;
  (3) A watercraft that operates only on a permanently fixed, manufactured course and the movement of which is restricted to or guided by means of a mechanical device to which the watercraft is attached or by which the watercraft is controlled;
  (4) A stationary floating structure that:

  (A) Does not have and is not designed to have a mode of propulsion of its own;

  (B) Is dependent for utilities upon a continuous utility hookup to a source originating on shore; and

  (C) Has a permanent, continuous hookup to a shoreside sewage system;
  (5) A watercraft owned by the United States; a state; a foreign government; or a political subdivision of the United States, a state, or a foreign government; and
  (6) A watercraft used solely as a lifeboat on another watercraft. See Hawaii Revised Statutes 200A-2
• Vessel number: means the alphanumeric designation for a vessel issued pursuant to title 46 United States Code § 12301, as amended. See Hawaii Revised Statutes 200A-2
• Veteran: means any person who has served in any of the armed services of the United States, or any person who is now a citizen of the United States who has served in any of the armed services of any country which was an ally of the United States in any war or campaign in which the United States was also engaged. See Hawaii Revised Statutes 363-1
• Voting security: shall include any security convertible into or evidencing a right to acquire a voting security. See Hawaii Revised Statutes 431:11-102
• Wage: means (except as the department may provide under § 387-11) legal tender of the United States or checks on banks convertible into cash on demand at full face value thereof and in addition thereto the reasonable cost as determined by the department, to the employer of furnishing an employee with board, lodging, or other facilities if such board, lodging, or other facilities are customarily furnished by such employer to the employer's employees. See Hawaii Revised Statutes 387-1
• Wages: means all remuneration for services from whatever source, including commissions and bonuses, remuneration from self-employment, tips or gratuities paid directly to an individual by a customer of the employer and reported to the employer for payroll tax deduction purposes, and the cash value of all remuneration in any medium other than cash. See Hawaii Revised Statutes 385-2
• Waiting room: means a designated area at the public entrance of a retail dispensing location that may be accessed by a member of the general public who is waiting for, assisting, or accompanying a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient who enters or remains on the premises of a retail dispensing location for the purpose of a transaction conducted pursuant to sections 329D-6 and 329D-13; provided that the storage, display, and retail sale of cannabis and manufactured cannabis products shall be prohibited within the waiting room area. See Hawaii Revised Statutes 329D-1
• Warning or notice: means any warning or notice issued by a government entity posted on any type of sign. See Hawaii Revised Statutes 137-1
• Wastewater treatment plant: means the various facilities used in the treatment of wastewater, including a wastewater reclamation plant, but excluding a private sewage treatment plant with actual flows greater than 2. See Hawaii Revised Statutes 340B-1
• Water cooler: includes a storage-type water cooler and an on-demand water cooler. See Hawaii Revised Statutes 196-81
• Water sledding: means the activity in which an individual is transported or carried over the surface of the water on an apparatus that is more than twelve inches wide and is attached to a towline which is towed by a vessel. See Hawaii Revised Statutes 200-23
• Waters: means the area extending seaward two miles from the shoreline. See Hawaii Revised Statutes 6K-2
• Week: means any period of seven consecutive days as the director may by rule prescribe. See Hawaii Revised Statutes 385-2
• Wholesaler: means a person rendering a distribution service who buys and maintains, at the person's place of business, a stock of cigarettes or tobacco products that the person uses, possesses, or distributes only to retailers, or other wholesalers, or both. See Hawaii Revised Statutes 245-1
• Wholesaler: means the same as defined in § 245-1. See Hawaii Revised Statutes 132C-2
• Wildlife: means any nondomesticated member of the animal kingdom, whether reared in captivity or not, including any part, product, egg, or offspring thereof, except aquatic life as defined in this section. See Hawaii Revised Statutes 195D-2
• Wildlife: means any non-domesticated member of the animal kingdom, including game birds and mammals designated by law or rules for hunting, whether reared in captivity or not, and includes any part, product, egg or offspring thereof, except aquatic life as defined in this section. See Hawaii Revised Statutes 197-1
• Wilful violation: means a voluntary act or omission by the employer, as distinguished from an accidental act or omission, that is done with intentional disregard of, or plain indifference to, any standard, rule, citation, or order issued under the authority of this chapter. See Hawaii Revised Statutes 396-3
• Wind resistive devices: means devices, techniques, and residential safe rooms, as identified and determined in accordance with section 431:22-104(b), that increase a building's or structure's resistance to damage from wind forces. See Hawaii Revised Statutes 431:22-101
• Without regard to fault: means irrespective of fault as a cause of accidental harm, and without application of the principle of liability based on negligence. See Hawaii Revised Statutes 431:10C-103
• Workforce housing: means new residential projects where at least seventy-five per cent of the residential units are set aside for purchase or rent for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rules and that do not require financial assistance for design and construction from federal, state, or county government agencies. See Hawaii Revised Statutes 206E-2
• workweek: means a fixed and regularly recurring period of seven consecutive days. See Hawaii Revised Statutes 387-1
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Written certificate of title: means a certificate of title consisting of information inscribed on a tangible medium. See Hawaii Revised Statutes 200A-2
• young adult: means any adult between the ages of eighteen and twenty-four who has been arrested, who has had contact with the police, who is experiencing social, emotional, psychological, educational, or physical problems, and who is no longer eligible for child protective services provided by the State due to the adult's age. See Hawaii Revised Statutes 352D-3
• youth in need of services: means any youth who has been arrested, or who has had contact with the police, or who is experiencing social, emotional, psychological, educational, moral, physical, or other similar problems. See Hawaii Revised Statutes 352D-3
• Youth service system: means any youth services, facilities, or community-based programs provided through the family court and public and private agencies receiving state funds. See Hawaii Revised Statutes 352D-3
• Youth services: means public or privately funded programs which provide developmental, preventive, protective, recreational, treatment or rehabilitative services for youth at risk including: after school programs, foster care services, residential group homes, independent living programs; child nurturing and family living programs; camps; playground programs; services to youth with school-related problems including educational neglect; services to youth who are found to be subject to neglect, abuse, or exploitation; employment/training programs; diagnostic, preventive, and remedial medical and mental health services to youth, including chemically dependent, physically, mentally, and emotionally disabled and handicapped youth; information and referral services; and legal services to assure the rights of youth. See Hawaii Revised Statutes 352D-3