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Hawaii Revised Statutes > Chapter 431 > Part III – Industrial Life Insurance

431:10D-301 Scope
431:10D-302 General life insurance provisions applicable
431:10D-303 Industrial life insurance defined
431:10D-304 Compliance required
431:10D-305 Standard provisions required
431:10D-306 Title on policy
431:10D-307 Beneficiary
431:10D-308 Facility of payment
431:10D-309 Premiums paid direct
431:10D-310 Application to term and specified insurance
431:10D-311 Crediting of dividends
431:10D-312 Prohibited provisions
431:10D-313 Limitation of liability

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • 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.
  • 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.
  • 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.
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • 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.
  • Internal Revenue Code: means subtitle A, chapter 1, of the federal Internal Revenue Code of 1986, as amended as of December 31, 2018, 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 and federal public laws which, pursuant to this chapter, do not apply or are otherwise limited in application and except for the provisions of Public Law 109-001 which apply to section 170 of the Internal Revenue Code. See Hawaii Revised Statutes 235-2.3
  • 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.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • 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.
  • Personal property: All property that is not real property.
  • 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.
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.

Hawaii Revised Statutes > Chapter 431 > Part III – Lava Zones

431:10E-141 Lava zone defined
431:10E-142 Provisions for properties in lava zones in the county of Hawaii

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Internal Revenue Code: has the meaning set forth in section 235-2. See Hawaii Revised Statutes 235-121
  • 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
  • Post-termination transition period: means that period defined in section 1377(b)(1) of the Internal Revenue Code. See Hawaii Revised Statutes 235-121
  • 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
  • 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

Hawaii Revised Statutes > Chapter 431 > Part III – Coverages and Rights

431:10G-301 Required motorcycle and motor scooter policy coverage

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • 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
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • 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
  • Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10G-101
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Motor scooter: has the meaning prescribed by section 286-2. See Hawaii Revised Statutes 431:10G-101
  • Motorcycle: has the meaning prescribed by section 286-2. See Hawaii Revised Statutes 431:10G-101
  • 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
  • Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10G-101
  • Public service company: means a public utility, motor carrier, or contract carrier. See Hawaii Revised Statutes 239-2

Hawaii Revised Statutes > Chapter 431 > Part III – Federal Conformity

431:10H-301 Group long-term care insurance policies conformance to Health Insurance Portability and Accountability Act and Internal Revenue Code
431:10H-302 Individual long-term care insurance policy coverages
431:10H-303 Conflict with Health Insurance Portability and Accountability Act
431:10H-304 Disclosure of qualification for tax benefits

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • Attorney general: means the state attorney general or deputy attorneys general. See Hawaii Revised Statutes 245-1
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of taxation. See Hawaii Revised Statutes 245-1
  • 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
  • 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
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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

  • 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.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • 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
  • sold: includes any delivery of cigarettes or tobacco products, whether cash is actually paid therefor or not. See Hawaii Revised Statutes 245-1
  • 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

Hawaii Revised Statutes > Chapter 431 > Part III – Formal Proceedings

431:15-301 Grounds for rehabilitation
431:15-302 Rehabilitation orders
431:15-303 Powers and duties of the rehabilitator
431:15-304 Actions by and against rehabilitator
431:15-305 Termination of rehabilitation
431:15-306 Grounds for liquidation
431:15-307 Liquidation orders
431:15-308 Continuance of coverage
431:15-309 Dissolution of insurer
431:15-310 Powers of liquidator
431:15-311 Notice to creditors and others
431:15-312 Duties of producers
431:15-313 Actions by and against liquidator
431:15-314 Collection and list of assets
431:15-315 Fraudulent transfers prior to petition
431:15-316 Fraudulent transfer after petition
431:15-317 Voidable preferences and liens
431:15-318 Claims of holders of void or voidable rights
431:15-319 Setoffs and counterclaims
431:15-320 Assessments
431:15-321 Reinsurer’s liability
431:15-322 Applicability of claims settlement provisions to loss claims
431:15-323 Recovery of premiums owed
431:15-324 Domiciliary liquidator’s proposal to distribute assets
431:15-325 Filing of claims
431:15-326 Proof of claim
431:15-327 Special claims
431:15-328 Provisions for third party claims
431:15-329 Disputed claims
431:15-330 Claims of surety
431:15-331 Secured creditor’s claims
431:15-332 Priority of distribution
431:15-333 Liquidator’s recommendations to the court
431:15-334 Distribution of assets
431:15-335 Unclaimed and withheld funds
431:15-336 Termination of proceedings
431:15-337 Reopening liquidation
431:15-338 Disposition of records during and after termination of liquidation

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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 disability and communication access board. See Hawaii Revised Statutes 348F-1
  • Capital costs: means part or all of the cost for capital improvements. See Hawaii Revised Statutes 264-121
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Creditor: means a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or contingent. See Hawaii Revised Statutes 431:15-103
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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 transportation. See Hawaii Revised Statutes 264-121
  • 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
  • Director: means the director of transportation. See Hawaii Revised Statutes 264-121
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Doing business: means transacting the business of insurance as defined in section 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
  • Donor: The person who makes a gift.
  • 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
  • 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
  • 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
  • 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.
  • 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

  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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

  • 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
  • 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.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Members: means the members of the disability and communication access board. See Hawaii Revised Statutes 348F-1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receiver: means receiver, liquidator, rehabilitator, or conservator as the context requires. See Hawaii Revised Statutes 431:15-103
  • 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.
  • 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).
  • 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
  • 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
  • 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.
  • State: means any state, district, or territory of the United States and the Panama Canal Zone. See Hawaii Revised Statutes 431:15-103
  • State highway improvements: means capital improvements to the physical infrastructure of state highways. See Hawaii Revised Statutes 264-121
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • Trustee: A person or institution holding and administering property in trust.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC

Hawaii Revised Statutes > Chapter 431 > Part III – Sponsored Captive Insurance Companies

431:19-301 Formation
431:19-302 Supplemental application materials
431:19-303 Protected cells
431:19-304 Qualification of sponsors
431:19-305 Participants in sponsored captive insurance companies
431:19-306 Investments by sponsored captive insurance companies
431:19-307 Delinquency of sponsored captive insurance companies
431:19-308 Applicable laws
431:19-309 Existing licenses

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Decedent: A deceased person.
  • Department: means the department of public safety. See Hawaii Revised Statutes 353C-1
  • Director: means the director of public safety. See Hawaii Revised Statutes 353C-1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Participant: means an entity that meets the requirements of section 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
  • 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.
  • 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.
  • 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
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Sponsor: means any entity that meets the requirements of section 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

  • telecommunications: means the offering of transmission between or among points specified by a user, of information of the user's choosing, including voice, data, image, graphics, and video without change in the form or content of the information, as sent and received, by means of electromagnetic transmission, or other similarly capable means of transmission, with or without benefit of any closed transmission medium, and does not include cable service as defined in section 440G-3. See Hawaii Revised Statutes 269-1
  • 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.
  • Verdict: The decision of a petit jury or a judge.

Hawaii Revised Statutes > Chapter 431 > Part III – Investigations, Examinations, Hearings and Appeals

431:2-301 Purpose
431:2-301.5 Examiner defined
431:2-301.6 Conflict of interest
431:2-301.7 Conduct of examinations
431:2-301.8 Immunity from liability
431:2-302 Authority, scope, and scheduling of examinations
431:2-303 Examination of producers, adjusters, promoters, and independent bill reviewers
431:2-304 Examination of guaranty associations
431:2-305 Examination reports
431:2-306 Examination expense
431:2-307.5 Reimbursement and compensation of examiners; source of funds; disposition of receipts
431:2-308 Administrative procedure act applies

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • Administrator: means the administrator of forestry and wildlife. See Hawaii Revised Statutes 185-1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 185-1
  • Branch: means an area comprising a county of the State. See Hawaii Revised Statutes 185-1
  • Certificate: means a certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle. See Hawaii Revised Statutes 271-4
  • Chapter: means the Motor Carrier Law. See Hawaii Revised Statutes 271-4
  • Commission: means the public utilities commission. See Hawaii Revised Statutes 271-4
  • Common carrier by motor vehicle: means any person that holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property or any class or classes thereof for compensation. See Hawaii Revised Statutes 271-4
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract carrier by motor vehicle: means any person that engages in transportation by motor vehicle of passengers or property for compensation (other than transportation referred to in paragraph (11)) under continuing contracts with one person or a limited number of persons either:  for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served; or for the furnishing of transportation services designed to meet the distinct need of each individual customer. See Hawaii Revised Statutes 271-4
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 185-1
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Enforcement officer: means any person employed and authorized by the commission to investigate any matter on behalf of the commission. See Hawaii Revised Statutes 271-4
  • 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.
  • 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.
  • Grantor: The person who establishes a trust and places property into it.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Manager: means the forestry and wildlife manager of a designated branch. See Hawaii Revised Statutes 185-1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor carrier: includes both a common carrier by motor vehicle and a contract carrier by motor vehicle. See Hawaii Revised Statutes 271-4
  • Motor vehicle: means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the commission, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. See Hawaii Revised Statutes 271-4
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • 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.
  • Permit: means a permit issued under this chapter to contract carriers by motor vehicle. See Hawaii Revised Statutes 271-4
  • persons: means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof. See Hawaii Revised Statutes 271-4
  • Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise; provided that for transportation by motor vehicle of passengers, where the provision of transportation is part of a package that may include air fare, meals, attractions, and other services, "rates" shall only include the charges for the provision of transportation by motor vehicle. See Hawaii Revised Statutes 271-4
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, carriage, ventilation, refrigeration, icing, dunnage, storage in transit, handling, and its consolidation for the purposes of forwarding within the State. See Hawaii Revised Statutes 271-4
  • Trustee: A person or institution holding and administering property in trust.

Hawaii Revised Statutes > Chapter 431 > Part III – Annual Requirements and Limiting Provisions

431:3-301 Annual and quarterly filings with commissioner
431:3-302 Annual and quarterly filings with the National Association of Insurance Commissioners
431:3-302.5 Annual audit
431:3-303 Immunity
431:3-304 Confidentiality
431:3-304.5 Statement of actuarial opinion; property and casualty insurance; confidentiality
431:3-305 Accounts; records
431:3-306 Limit of risk
431:3-306.5 Residential hurricane coverage
431:3-307 Free insurance
431:3-308 Alien government owned insurers
431:3-309 Disclosure of profits by insurers

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • 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
  • 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.
  • 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, rule, or regulation, requests approval or a permit of the proposed project. See Hawaii Revised Statutes 196D-3
  • Approval: means a discretionary consent required from an agency prior to the actual implementation of the project. See Hawaii Revised Statutes 196D-3
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 195F-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Department: means the department of land and natural resources or any successor agency. See Hawaii Revised Statutes 196D-3
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 195F-2
  • 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 196D-3
  • 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
  • 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.
  • 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.
  • Fund: means the forest stewardship fund as established by section 195F-4. See Hawaii Revised Statutes 195F-2
  • Interagency group: means the body established pursuant to section 196D-6. See Hawaii Revised Statutes 196D-3
  • 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.
  • 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
  • Native vegetation: means a diverse vegetation consisting mostly of plants endemic or indigenous to Hawaii. See Hawaii Revised Statutes 195F-2
  • 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.
  • 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
  • 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
  • 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
  • Program: means the forest stewardship program established in section 195F-3. See Hawaii Revised Statutes 195F-2
  • 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

  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.

Hawaii Revised Statutes > Chapter 431 > Part III – Limits on Disclosures of Financial Information

431:3A-301 Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties
431:3A-302 Limits on redisclosure and reuse of nonpublic personal financial information
431:3A-303 Limits on sharing account number information for marketing purposes

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Customer: means a consumer who has a customer relationship with a licensee. See Hawaii Revised Statutes 431:3A-102
  • Ex officio: Literally, by virtue of one's office.
  • Financial institution: means any institution in the business of engaging in activities that are financial in nature or incidental to financial activities as described in the Bank Holding Company Act of 1956, Title 12 United States Code section 1843(k), as amended. See Hawaii Revised Statutes 431:3A-102
  • 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.
  • Licensee: includes an unauthorized insurer that accepts business placed through a licensed surplus lines broker in this State, but only in regard to the surplus lines placements under article 8, chapter 431. See Hawaii Revised Statutes 431:3A-102
  • Nonaffiliated third party: includes any company that is an affiliate solely by virtue of the direct or indirect ownership or control of the company by the licensee or its affiliate in conducting merchant banking or investment banking activities of the type described in section 4(k)(4)(H) of the federal Bank Holding Company Act, Title 12 United States Code section 1843(k)(4)(H), as amended, or insurance company investment activities of the type described in the federal Bank Holding Company Act, Title 12 United States Code section 1843(k)(4)(H) and (I). See Hawaii Revised Statutes 431:3A-102
  • Nonpublic personal financial information: means :

         (1)  Personally identifiable financial information; and

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

  • 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.
  • Opt out: means a direction by a consumer that a licensee not disclose nonpublic financial information about that consumer to a nonaffiliated third party, other than as permitted by part IV of this article. See Hawaii Revised Statutes 431:3A-102
  • Producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See Hawaii Revised Statutes 431:3A-102
  • Quorum: The number of legislators that must be present to do business.

Hawaii Revised Statutes > Chapter 431 > Part III – Domestic Mutual Insurers

431:4-301 Other articles applicable
431:4-302 Initial qualifications for mutual insurers
431:4-303 Mutual property insurer
431:4-304 Mutual casualty insurer
431:4-305 Mutual vehicle insurer
431:4-306 Mutual life insurer
431:4-307 Mutual accident and health or sickness insurer
431:4-308 Membership
431:4-309 Rights of members
431:4-310 Bylaws
431:4-311 Notice of annual meeting
431:4-312 Members proxies
431:4-313 Directors
431:4-314 Limitation on expenses incurred in writing property and casualty
431:4-315 Violation of expense limitation
431:4-316 Actions on officers’ salaries
431:4-317 Contingent liability of members
431:4-318 Accrual of liability
431:4-319 Contingent liability as asset
431:4-320 Lien on reserves
431:4-321 Nonassessable policies
431:4-322 Applies to all policies
431:4-323 Revocation of authority
431:4-324 Dividends
431:4-325 Nonparticipating policies
431:4-326 Members’ share of assets

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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
  • 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.
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authority: means the Hawaii tourism authority established in section 201B-2. See Hawaii Revised Statutes 201B-1
  • 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.
  • 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
  • Business: includes any activities engaged in by any person or organization or caused to be engaged in by the person or it for the object of gain, benefit, or advantage, either direct or indirect. See Hawaii Revised Statutes 289-1
  • Concurrent trial: means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged traffic infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time. See Hawaii Revised Statutes 291D-2
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Creative industries: means those sectors that comprise Hawaiiʹs creative economy, including media, arts, culture, music, design, fashion, publishing, animation, interactive, and emerging media. See Hawaii Revised Statutes 201-111
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-111
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-101.5
  • Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 201-101.5
  • Director of finance: means the director of finance of each county. See Hawaii Revised Statutes 289-1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fund: means the Hawaii film and creative industries development special fund. See Hawaii Revised Statutes 201-111
  • Hearing: means a proceeding conducted by the district court pursuant to section 291D-8 at which the person to whom a notice of traffic infraction was issued either admits to the traffic infraction, contests the notice of traffic infraction, or admits to the traffic infraction but offers an explanation to mitigate the monetary assessment imposed. See Hawaii Revised Statutes 291D-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Motor vehicle: means every vehicle which is self-propelled. See Hawaii Revised Statutes 289-1
  • Notice of traffic infraction: includes a notice of parking infraction. See Hawaii Revised Statutes 291D-2
  • 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.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Related criminal offense: means any criminal violation or crime, committed in the same course of conduct as a traffic infraction, for which the defendant is arrested or charged. See Hawaii Revised Statutes 291D-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.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Traffic infraction: means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter. See Hawaii Revised Statutes 291D-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial: means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence. See Hawaii Revised Statutes 291D-2
  • Trustee: A person or institution holding and administering property in trust.
  • Used motor vehicle part or accessory: means a motor vehicle part or motor vehicle accessory which has been the subject of prior sale at retail, either individually or attached to a motor vehicle as a component part or accessory thereof. See Hawaii Revised Statutes 289-1
  • Venue: The geographical location in which a case is tried.

Hawaii Revised Statutes > Chapter 431 > Part III – Reserves and Valuation

431:5-301 Unearned premium reserve
431:5-302 Unearned premium reserve for marine and transportation
431:5-303 Active life reserves and unearned premium reserves for noncancellable disability insurance
431:5-304 Loss reserves for liability and workers’ compensation insurance
431:5-305 Increased reserves
431:5-306 Reserve credit for reinsurance
431:5-307 Standard valuation law; life
431:5-308 Valuation of bonds
431:5-309 Valuation of other securities
431:5-310 Valuation of property
431:5-311 Valuation of purchase money mortgages

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • 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.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authorizer: means an entity established under this chapter with chartering authority to review charter applications, decide whether to approve or deny charter applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to authorize, renew, deny renewal of, or revoke charter contracts. See Hawaii Revised Statutes 302D-1
  • Board: means the board of education. See Hawaii Revised Statutes 302D-1
  • charter: means a fixed-term, bilateral, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See Hawaii Revised Statutes 302D-1
  • Commission: means the state public charter school commission established pursuant to [section] 302D-3 as a statewide authorizer. See Hawaii Revised Statutes 302D-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Conversion charter school: means :

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

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

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of education. See Hawaii Revised Statutes 302D-1
  • Department school: means any school that falls within the definition of "public schools" as defined in section 302A-101 and that is not a charter school. See Hawaii Revised Statutes 302D-1
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the state public charter school commission. See Hawaii Revised Statutes 302D-1
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Governing board: means the independent board of a public charter school that is party to the charter contract with the authorizer that:

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

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

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

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

  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • Nonprofit organization: means a private, nonprofit, tax-exempt entity that:

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

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

  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • Personal property: All property that is not real property.
  • public charter school: refers to those public schools and their respective governing boards, as defined in this section, that are holding current charter contracts to operate as charter schools under this chapter, including start-up and conversion charter schools, and that have the flexibility and independent authority to implement alternative frameworks with regard to curriculum, facilities management, instructional approach, virtual education, length of the school day, week, or year, and personnel management. See Hawaii Revised Statutes 302D-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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.
  • Start-up charter school: means a new charter school established under section 302D-13 that is not a conversion charter school. See Hawaii Revised Statutes 302D-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.

Hawaii Revised Statutes > Chapter 431 > Part III – Permitted Investments

431:6-301 Public obligations
431:6-302 Corporate obligations
431:6-303 Preferred or guaranteed stocks or shares
431:6-304 Trustees or receivers obligations
431:6-305 Equipment trust obligations
431:6-306 Mortgage loans and contracts
431:6-307 Mortgage loan limited by property value
431:6-308 Encumbrance defined
431:6-309 Appraisal; insurance; limit
431:6-310 Security agreements
431:6-311 Real property owned
431:6-312 Time limit for disposal
431:6-313 Foreign securities
431:6-314 Policy loans
431:6-315 Banks, savings and loan associations, credit unions, and financial services loan companies
431:6-316 Insurance stocks
431:6-317 Common stocks
431:6-318 Collateral loans
431:6-319 Miscellaneous investments
431:6-320 Special consent investments
431:6-321 Hedging transactions
431:6-322 Common trust funds; mutual funds; and exchange traded funds
431:6-323 Separate accounts
431:6-324 Subsidiaries

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • Accredited: means holding an institutional accreditation by name to offer post-secondary education as a United States-based institution from a regional or national accrediting agency recognized by the United States Department of Education. See Hawaii Revised Statutes 305J-2
  • agricultural activities: means the activities described in paragraphs (1) to (3);

        (22)  Geothermal resources exploration and geothermal resources development, as defined under section 182‑1; or

        (23)  Hydroelectric facilities, including the appurtenances associated with the production and transmission of hydroelectric energy, subject to section 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. 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 section 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 section 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 section 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-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 section 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
  • 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.
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • 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
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • At-risk children: means children who, because of their home and community environment, are subject to language, cultural, economic, and other disadvantages that cause them to be at risk for school failure, including children:

         (1)  Who are placed through their individualized education programs in a general education setting;

         (2)  Who are English as a second language learners;

         (3)  Who are in foster care;

         (4)  Who are homeless; or

         (5)  Whose family income is no more than three hundred per cent of the federal poverty level. See Hawaii Revised Statutes 302L-1

  • Authorization: means the authorization granted to a private college or university, seminary, or religious training institution as provided in this chapter and any applicable rules and policies. See Hawaii Revised Statutes 305J-2
  • Board: means the early learning board established pursuant to this chapter. See Hawaii Revised Statutes 302L-1
  • bona fide agricultural activity: means a farming operation as defined in section 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

  • candidate: means a degree-granting institution that has submitted an application for accreditation to a regional or national accrediting agency recognized by the United States Department of Education; provided that the application has been accepted pursuant to the accrediting agency's application requirements and is pending approval by the accrediting agency. See Hawaii Revised Statutes 305J-2
  • Center-based: describes programs in which early learning services are provided in a facility, including private preschools, child care centers, and head start programs, licensed, or excluded or exempt from licensing, by the department of human services. See Hawaii Revised Statutes 302L-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Degree: means a statement, diploma, certificate, or other writing in any language that indicates or represents, or is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed a prescribed course of study in a particular field of endeavor or that the person named thereon has demonstrated proficiency in a field of endeavor as a result of formal preparation or training. See Hawaii Revised Statutes 305J-2
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 305J-2
  • Devise: To gift property by will.
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 305J-2
  • Early learning: means developmentally appropriate early childhood development and education for children from prenatal care until the time they enter kindergarten. See Hawaii Revised Statutes 302L-1
  • Early learning system: means a developmentally appropriate early childhood development and education system for children from prenatal care until the time they enter kindergarten. See Hawaii Revised Statutes 302L-1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • 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.
  • Family child care program: means a program in which a child is cared for in a family child care home licensed under section 346-161. See Hawaii Revised Statutes 302L-1
  • Family engagement: means practices that engage families in recognition of the need for families to actively support their child's learning and development, including classrooms that make families feel welcome, communication with families on an ongoing basis, the promotion of responsible parenting, and involvement in decisions that affect families and their children. See Hawaii Revised Statutes 302L-1
  • Family-child interaction learning program: means a program attended by both a child and at least one adult who is the child's parent, relative, or other caregiver, that facilitates family-child interactive learning experiences for children and educates the family member or members about how to encourage the child's learning. See Hawaii Revised Statutes 302L-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
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Home state: means the state in which the institution holds its principal accreditation. See Hawaii Revised Statutes 305J-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • 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.
  • Office: means the executive office on early learning established pursuant to this chapter. See Hawaii Revised Statutes 302L-1
  • Out-of-state public institution: means an institution of higher education that is established by a government entity in a state other than Hawaii. See Hawaii Revised Statutes 305J-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • Personal property: All property that is not real property.
  • Physical presence: means :

         (1)  Having a physical location in the State, where students receive synchronous or asynchronous instruction; or

         (2)  Establishing an administrative office in the State in order to:

              (A)  Provide information to prospective students, enrolling students, or the general public about the institution;

              (B)  Provide services to enrolled students;

              (C)  Provide office space for instructional or non-instructional staff; and

              (D)  Maintain an institutional mailing address, street address, or telephone number in the State. See Hawaii Revised Statutes 305J-2

  • 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.
  • Private college or university: means a nonpublic post-secondary education institution having a physical presence in the State that offers associate, baccalaureate, post-baccalaureate, master's, or doctoral degrees or diplomas. See Hawaii Revised Statutes 305J-2
  • Provisional authorization: means authorization of a candidate for accreditation for no more than a five-year period, unless an extension is granted by the director for good cause, while the candidate for accreditation seeks to satisfy the requirement for institutional accreditation; provided that no provisional authorization shall be given for more than a ten-year period. See Hawaii Revised Statutes 305J-2
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • religious training institution: means a bona fide religious post-secondary educational institution that has a physical presence in the State, that is exempt from property taxation under the laws of the State, and that offers associate, baccalaureate, post-baccalaureate, master's, or doctoral degrees or diplomas. See Hawaii Revised Statutes 305J-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.
  • 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).
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • Underserved children: means children who have no access to, or are not qualified to attend, other early learning programs and whose family income is no more than three hundred per cent of the federal poverty level. See Hawaii Revised Statutes 302L-1
  • University of Hawaii system: means the post-secondary educational institution, including all campuses and community colleges, established and existing pursuant to article X, section 5, of the Hawaii State Constitution and chapter 304A. See Hawaii Revised Statutes 305J-2
  • Uphold: The decision of an appellate court not to reverse a lower court decision.

Hawaii Revised Statutes > Chapter 431 > Part III – Deposits

431:7-301 Deposits of insurers
431:7-302 Purpose of deposit
431:7-303 Securities eligible for deposit
431:7-304 Record and receipt
431:7-305 Transfer of securities
431:7-306 Director may designate depositary
431:7-307 Responsibility for deposits
431:7-308 Dividends and substitutions
431:7-309 Release of deposit
431:7-310 Voluntary excess deposit
431:7-311 Not subject to levy

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • 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
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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-22
  • 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
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Department: means the planning department in the counties of Kauai, Maui, and Hawaii and the department of planning and permitting in the city and county of Honolulu, or other appropriate agency as designated by the county councils. See Hawaii Revised Statutes 205A-22
  • Development: means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:

         (1)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

         (2)  Grading, removing, dredging, mining, or extraction of any materials;

         (3)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

         (4)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

         (5)  Construction, reconstruction, demolition, or alteration of the size of any structure. See Hawaii Revised Statutes 205A-22

  • Devise: To gift property by will.
  • Donor: The person who makes a gift.
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • 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.
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: means the earth, water, and air above, below, or on the surface. See Hawaii Revised Statutes 205A-1
  • Lead agency: means the office of planning. See Hawaii Revised Statutes 205A-1
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Nurse practitioner: means a person licensed as an advanced practice registered nurse under chapter 457. See Hawaii Revised Statutes 309H-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, or partnership, and an organization or association, whether or not incorporated. See Hawaii Revised Statutes 205A-1
  • Personal property: All property that is not real property.
  • Physician: means a person licensed to practice medicine and surgery, as required by section 453-2. See Hawaii Revised Statutes 309H-1
  • Physician assistant: means a person licensed to practice medicine under the supervision of a physician or osteopathic physician, as required by section 453-5. See Hawaii Revised Statutes 309H-1
  • Public advisory body: means the advisory body established in section 205A-3. See Hawaii Revised Statutes 205A-1
  • 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.
  • 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
  • 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 section 205A-23. 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
  • Statute: A law passed by a legislature.
  • 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
  • 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.

Hawaii Revised Statutes > Chapter 431 > Part III – Surplus Lines Insurance

431:8-300 Exemptions from surplus lines law
431:8-301 Insurance placed with unauthorized insurer permitted
431:8-302 Surplus lines insurers
431:8-305 Evidence of insurance; changes; penalties
431:8-306 Signature of broker and special endorsement of surplus lines policy
431:8-307 Broker’s duty to notify insured
431:8-308 Surplus lines insurance valid
431:8-309 Effect of payment to surplus lines broker
431:8-310 Surplus lines broker license required; application and qualifications for license
431:8-311 Compensation
431:8-312 Records of surplus lines broker
431:8-313 Surplus lines broker’s reports to commissioner
431:8-314 Surplus lines advisory organizations
431:8-315 Tax on surplus lines
431:8-316 Penalty for failure to file statement or remit tax
431:8-317 License denial, nonrenewal, suspension, or revocation
431:8-318 Examination of surplus lines broker’s accounts and records
431:8-319 Actions against surplus lines insurer; service of process
431:8-320 Penalties
431:8-321 Nonresident licensing
431:8-322 Reciprocity
431:8-323 Exemption from examination
431:8-324 Surplus lines broker license examination
431:8-325 Scope of examination
431:8-326 Time of examinations
431:8-327 Prerequisites for license renewal
431:8-328 Continuing education recordkeeping
431:8-329 Commissioner’s authority to grant waiver

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • Acreage assessments: means any levy imposed pursuant to this chapter on the agricultural and pasture land within an irrigation project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining irrigation facilities for an irrigation project. See Hawaii Revised Statutes 167-2
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • 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 an advisory committee on small business as established in section 201M-4. See Hawaii Revised Statutes 201M-1
  • affects small business: means any potential or actual requirement imposed upon a small business through an agency's proposed or adopted rule that will cause a direct and significant economic burden upon a small business, or is directly related to the formation, operation, or expansion of a small business. See Hawaii Revised Statutes 201M-1
  • 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.
  • Agency: means each state or county board, commission, department, or officer authorized by law to make rules, except those in the legislative or judicial branches. See Hawaii Revised Statutes 201M-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
  • Agricultural land: means that portion of the land of a land occupier lying within an existing or proposed irrigation project and of such location and character as may be profitably employed in the growing of irrigated crops; and "pasture land" means that portion of the land of a land occupier lying within an existing or proposed irrigation project and of such location and character as may be suitable with the use of water for irrigated pasture and may be profitably employed in the production of livestock or poultry. See Hawaii Revised Statutes 167-2
  • 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.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • 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
  • 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 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
  • 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.
  • 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.
  • 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
  • Bequest: Property gifted by will.
  • Biosecurity: means a system that serves to protect the health of livestock, poultry, and humans from diseases, pests, and pathogens and measures that prevent disease causing agents from entering, spreading, or leaving the farm premises. See Hawaii Revised Statutes 155-1
  • Board: means the board of education. See Hawaii Revised Statutes 302A-101
  • Board: means the board of agriculture. See Hawaii Revised Statutes 167-2
  • Board: means the small business regulatory review board. See Hawaii Revised Statutes 201M-1
  • Board: means the board of land and natural resources as provided in chapter 26. See Hawaii Revised Statutes 206-1
  • 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 any agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, or executive order, to have supervision, control, jurisdiction, or advisory power over specific matters and which is required to conduct meetings and to take official actions. See Hawaii Revised Statutes 92-2
  • Board: means the board of trustees of the Hawaii employer-union health benefits trust fund described in section 87A-5. See Hawaii Revised Statutes 87A-1
  • Board: means the neurotrauma advisory board established under section 321H-3. See Hawaii Revised Statutes 321H-1
  • Bonds: means any bonds, notes, interim certificates, debentures, or other obligations. See Hawaii Revised Statutes 206-1
  • 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
  • Business entity: means an association, corporation, individual, limited liability company, limited liability partnership, partnership, person, or other legal entity. See Hawaii Revised Statutes 431:8-102
  • Cafeteria workers: includes all employees of any public school cafeteria other than the cafeteria manager. See Hawaii Revised Statutes 302A-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
  • Chance meeting: means a social or informal assemblage of two or more members at which matters relating to official business are not discussed. See Hawaii Revised Statutes 92-2
  • Civil service: includes all positions within a jurisdiction that are not exempted by section 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
  • commercial feed: means all feed except:

              (A)  Whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of section 144-6, which are distributed for use as feed or for mixing in feed. See Hawaii Revised Statutes 144-2

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complex: means the high school and those elementary, middle, and intermediate schools that feed into the high school as designated by the department. See Hawaii Revised Statutes 302A-101
  • Complex area: means the administrative unit that includes one or more complexes as designated by the department. See Hawaii Revised Statutes 302A-101
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative: means a nonprofit association of farmers organized under chapter 421. See Hawaii Revised Statutes 155-1
  • 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.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • 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
  • Covered entity: means a person or organization receiving state financial assistance, including grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to the person or organization for the purpose of rendering services to the public. See Hawaii Revised Statutes 321C-2
  • 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
  • custom-mixed feed: means a special commercial mixture which 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 such manufacturer or processor. See Hawaii Revised Statutes 144-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of agriculture. See Hawaii Revised Statutes 155D-1
  • Department: means the department of education. See Hawaii Revised Statutes 302A-101
  • Department: means any department, board, commission, or agency of a jurisdiction. See Hawaii Revised Statutes 76-11
  • Department: means department of health. See Hawaii Revised Statutes 321H-1
  • 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

  • Development area: means an area so designated pursuant to section 206-5. See Hawaii Revised Statutes 206-1
  • Development corporation: means the Hawaii technology development corporation established by section 206M-2. See Hawaii Revised Statutes 206M-1
  • Development project: means a specific unit for development within a designated area for which a program of acquisition and development is established. See Hawaii Revised Statutes 206-1
  • 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
  • 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 health. See Hawaii Revised Statutes 321H-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • distribute: means to offer for sale, sell, barter, or otherwise supply feed, commercial feeds or custom-mixed feeds. See Hawaii Revised Statutes 144-2
  • distributor: means any person who distributes. See Hawaii Revised Statutes 144-2
  • District: means the state public education system as a whole, except as used by the department for federal compliance and reporting requirements. See Hawaii Revised Statutes 302A-101
  • Docket: A log containing brief entries of court proceedings.
  • 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
  • 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
  • Economic development project: means an endeavor related to industrial, commercial, or advanced technology-based agricultural enterprise. See Hawaii Revised Statutes 206M-1
  • Educational officers: includes principals, vice-principals, and professional employees of the state and district offices of the department, except those employees in the classified service. See Hawaii Revised Statutes 302A-101
  • 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 salariedand 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 asallowed 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-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

  • enrollment: means a student has met all of the department's requirements for entrance and is formally placed on a school's roll. See Hawaii Revised Statutes 302A-101
  • 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
  • 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
  • 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
  • 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.
  • Exceptional children: includes :

         (1)  Persons under twenty-two years of age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities; provided that "exceptional children" shall not include "gifted and talented children";

         (2)  Persons under twenty-two years of age who by reason of physical defects cannot attend the regular public school classes with normal children; and

         (3)  Persons under twenty-two years of age who are certified by a licensed physician eligible for membership in the state medical society as being emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods. See Hawaii Revised Statutes 302A-101

  • Executive director: means the executive director of the office of language access. See Hawaii Revised Statutes 321C-2
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • 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.
  • Farm land: means land used for agricultural purposes, including general farming, cane growing, fruit growing, flower growing, grazing, dairying, the production of any form of livestock or poultry, and any other form of agricultural activity. See Hawaii Revised Statutes 155-1
  • Farming: means agricultural pursuits, including the care and production of livestock and poultry, engaged in by a land occupier owning or leasing land, within any existing or proposed irrigation project. See Hawaii Revised Statutes 167-2
  • 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

  • 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
  • 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, which contribute energy or nutrients to the animal's diet, and which 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Food manufacturers: means entities that process Hawaii-grown agricultural products or that utilize Hawaii-grown agricultural products as an ingredient in the manufacturing process. See Hawaii Revised Statutes 155-1
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Hawaii employer-union health benefits trust fund established in section 87A-30. See Hawaii Revised Statutes 87A-1
  • 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.
  • Government: includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them. See Hawaii Revised Statutes 167-2
  • Governor: means the governor of the State of Hawaii. See Hawaii Revised Statutes 206-1
  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • 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

  • 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 a surplus lines broker, the state in which the surplus lines broker maintains the surplus lines broker's principal residence or principal place of business and is licensed to act as a surplus lines broker; 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
  • 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.
  • Inactive: means that the authority of a license issued by the commissioner is not in effect. See Hawaii Revised Statutes 431:8-102
  • Incumbent teachers: refers to teachers presently in service or on authorized leaves from the department. See Hawaii Revised Statutes 302A-101
  • 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
  • Individual: means a natural person or a business entity. See Hawaii Revised Statutes 431:8-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • irrigation project: means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands for farming or to land occupiers engaged in farming. See Hawaii Revised Statutes 167-2
  • 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.
  • label: means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or imported, or 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
  • Land: means the earth, water, and air above, below, or on the surface. See Hawaii Revised Statutes 205A-1
  • Land occupier: means the owner or in the case of leased land, the lessee of lands lying within an irrigation project organized or to be organized under this chapter. See Hawaii Revised Statutes 167-2
  • Lands: means either undeveloped lands or land together with improvements and appurtenances and includes real property as defined in section 201H-1. See Hawaii Revised Statutes 206-1
  • Language: means human speech or the expression of ideas by written characters and includes systems used by nations, people, or other distinct communities. See Hawaii Revised Statutes 321C-2
  • Lead agency: means the office of planning. See Hawaii Revised Statutes 205A-1
  • 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
  • Legacy: A gift of property made by will.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. See Hawaii Revised Statutes 302A-101
  • 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
  • Licensee: means a surplus lines broker licensed under this article. See Hawaii Revised Statutes 431:8-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lieutenant governor: means the lieutenant governor of the State of Hawaii. See Hawaii Revised Statutes 206-1
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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

  • manufacture: means to grind, mix, or blend, or further process a commercial feed for distribution. See Hawaii Revised Statutes 144-2
  • Marine: means ocean and ocean-related resources. See Hawaii Revised Statutes 205A-61
  • Meeting: means the convening of a board for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power. See Hawaii Revised Statutes 92-2
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage: includes classes of liens on farm land and other authorized security as are approved by the department of agriculture and the credit instruments secured thereby. See Hawaii Revised Statutes 155-1
  • 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.
  • 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
  • Neurotrauma: means a severe chronic disability of a person that is attributable to an injury to the central nervous system, such as traumatic brain injury and spinal cord injury, and likely to continue indefinitely. See Hawaii Revised Statutes 321H-1
  • New farmer: means a new farm enterprise or a person, who by reason of ability, experience, and training, is likely to successfully operate a farm and who otherwise meets the eligibility requirements of section 155-10 and includes any of the following:

         (1)  Persons displaced from employment in an agricultural production enterprise;

         (2)  College graduates in agriculture;

         (3)  Community college graduates in agriculture;

         (4)  Members of the Hawaii Young Farmer Association and National FFA Organization graduates with farming projects;

         (5)  Persons who have not less than two years' experience as part-time farmers;

         (6)  Graduates from farm trainee programs designed to provide interns with the necessary hands-on skills and management training to successfully operate their own farm;

         (7)  Persons who have been farm tenants or farm laborers; or

         (8)  Other individuals who have for the two years last preceding their application obtained the major portion of their income from farming operations. See Hawaii Revised Statutes 155-1

  • 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
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means any bondholder, agents or trustees for any bondholders, or lessor demising to the board property used in conjunction with a development project, or any assignee of the lessor's interest or any part thereof, and the federal government when it is a party to any contract with the board. See Hawaii Revised Statutes 206-1
  • Ocean waters: means all waters seaward of the shoreline within the jurisdiction of the State. See Hawaii Revised Statutes 205A-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. See Hawaii Revised Statutes 143-1
  • official sample: means any sample of feed taken by the department or its agent and designated as "official" by the department. See Hawaii Revised Statutes 144-2
  • Oral language services: means the free provision of oral information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. See Hawaii Revised Statutes 321C-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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. See Hawaii Revised Statutes 143-1
  • Part-time farmer: means a person of proven farming ability who:

         (1)  Has been operating the person's farm for at least two years on land owned by the person in fee or on land rented or leased from others;

         (2)  Is presently devoting a portion of the person's time to farming; and

         (3)  Derives between twenty-five to fifty per cent of the person's net cash income from direct participation in farming in its broadest sense. See Hawaii Revised Statutes 155-1

  • participate: means to be informed of, participate in, and benefit from the services, programs, and activities offered by the State and covered entities. See Hawaii Revised Statutes 321C-2
  • 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.
  • percentage: means percentage by weight. See Hawaii Revised Statutes 144-2
  • 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: includes individual, partnership, corporation, and association. See Hawaii Revised Statutes 144-2
  • Personal property: All property that is not real property.
  • 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
  • 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.
  • police force: includes among others, jailors, turnkeys, guards, matrons, lunas, and cooks employed in any county jail. See Hawaii Revised Statutes 88-152
  • Political subdivision: means a county. See Hawaii Revised Statutes 206-1
  • Position: means a specific job requiring the full or part-time employment of one person. See Hawaii Revised Statutes 76-11
  • 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: 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
  • 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.
  • 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.
  • Private lender: includes banks, savings and loan associations, credit unions, mortgage companies, and other qualified companies whose business includes the making of loans in the State. See Hawaii Revised Statutes 155-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • product name: means the name of the commercial feed which identifies it as to kind, class, or specific use. See Hawaii Revised Statutes 144-2
  • 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 industrial park, 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public advisory body: means the advisory body established in section 205A-3. See Hawaii Revised Statutes 205A-1
  • 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 schools: means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D. See Hawaii Revised Statutes 302A-101
  • Qualified farmer: means a person of proven farming ability who operates the person's own farm on land owned by the person in fee or on land rented or leased from others and who is presently devoting, has recently devoted, or intends to devote most of the person's time or who derives a major portion of the person's net cash income from direct participation in farming in its broadest sense. See Hawaii Revised Statutes 155-1
  • 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 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 security: means any note, stock, treasury stock bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate of subscription, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or patent application, or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a "security" or any certificate for, receipt for, or option, warrant, or right to subscribe to or purchase any of the foregoing. See Hawaii Revised Statutes 206M-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
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residence lot: means a lot not exceeding one-half acre in size, obtained by subdivision of lands acquired pursuant to this chapter and used for one or two family residential use only, except as may otherwise be provided herein. See Hawaii Revised Statutes 206-1
  • sale: includes exchange. See Hawaii Revised Statutes 144-2
  • School meals: means breakfast and lunch prepared and served by a school cafeteria. See Hawaii Revised Statutes 302A-101
  • 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
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • 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
  • Small business: means a for-profit corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legal entity that:

         (1)  Is domiciled and authorized to do business in Hawaii;

         (2)  Is independently owned and operated; and

         (3)  Employs fewer than one hundred full-time or part-time employees in Hawaii. See Hawaii Revised Statutes 201M-1

  • Special facilities: includes buildings, equipment, and materials; transportation; boarding homes; and personnel qualified to work with exceptional children. See Hawaii Revised Statutes 302A-101
  • Special services: means physiotherapy, or any form of muscle training, speech training, occupational therapy, vocational training, psychological evaluation, or any of them. See Hawaii Revised Statutes 302A-101
  • State: means the State of Hawaii. See Hawaii Revised Statutes 206-1
  • state agency: means the executive, legislative, or judicial branches of state government, including departments, offices, commissions, boards, or other agencies within the executive, legislative, or judicial branches. See Hawaii Revised Statutes 321C-2
  • Statute: A law passed by a legislature.
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-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
  • Teacher: means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers. See Hawaii Revised Statutes 302A-101
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • toll-milled feed: means a special feed which is processed by the processor (A) from materials entirely delivered by the owner thereof or the owner's authorized agent, and (B) in accordance with the specific instructions of such owner, and which is not distributed. See Hawaii Revised Statutes 144-2
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means a trustee of the board of trustees of the Hawaii employer-union health benefits trust fund, as described in section 87A-5. See Hawaii Revised Statutes 87A-1
  • 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
  • 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
  • Vital documents: means printed documents that provide important information necessary to access or participate in services, programs, and activities of a state agency or covered entity, including but not limited to applications, outreach materials, and written notices of rights, denials, losses, or decreases in benefits or services. See Hawaii Revised Statutes 321C-2
  • Water facility: includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for irrigation under this chapter. See Hawaii Revised Statutes 167-2
  • Water tolls: means any charges established by the board for irrigation water supplied by it to the State, the Hawaiian homes commission, and land occupiers. See Hawaii Revised Statutes 167-2
  • Written language services: means the free provision of written information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. See Hawaii Revised Statutes 321C-2

Hawaii Revised Statutes > Chapter 431 > Part III – Continuing Education Course Providers

431:9A-151 Continuing education course provider certificate
431:9A-152 Continuing education course provider additional duties
431:9A-153 Courses
431:9A-154 Self-study courses
431:9A-155 Carryover credits
431:9A-156 Course instructors
431:9A-157 Tuition
431:9A-158 Reporting credit hours and recordkeeping
431:9A-159 Advertising
431:9A-160 Advisory committee

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • 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
  • Authority: means the Hawaii community development authority established by section 206E-3. See Hawaii Revised Statutes 206E-2
  • 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
  • Building: means any area enclosed or partially enclosed by a roof and at least three walls. See Hawaii Revised Statutes 328J-1
  • 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
  • Chambers: A judge's office.
  • Class: means the general categories of insurance, as set forth in sections 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
  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:9A-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: means any county of the State. See Hawaii Revised Statutes 206E-2
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • 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
  • Department: means the department of health. See Hawaii Revised Statutes 328J-1
  • Director: means the director of health. See Hawaii Revised Statutes 328J-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
  • 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
  • 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
  • Enclosed or partially enclosed: means closed in by a roof or overhang and at least two walls. See Hawaii Revised Statutes 328J-1
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means 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
  • Licensee: means any type of insurance producer or producer. See Hawaii Revised Statutes 431:9A-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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.
  • 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
  • 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.
  • Personal property: All property that is not real property.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • 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
  • 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
  • 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
  • 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
  • restaurant: includes a bar area within the restaurant and outdoor areas of restaurants. See Hawaii Revised Statutes 328J-1
  • Smoking: includes the use of an electronic smoking device. See Hawaii Revised Statutes 328J-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

Hawaii Revised Statutes > Chapter 431 > Part III – Medicare Supplement Policies

431:10A-301 Definitions
431:10A-302 Applicability and scope
431:10A-304 Standards for policy provisions
431:10A-305 Rules
431:10A-306 Loss ratio standards
431:10A-307 Disclosure standards
431:10A-308 Notice of free examination
431:10A-309 Filings; approval of forms
431:10A-310 Filing requirements for advertising
431:10A-311 Penalties
431:10A-312 Severability

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the board of nursing. See Hawaii Revised Statutes 334D-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 209-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • 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.
  • 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.
  • 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
  • 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.
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nurse: means a person who has been or is currently licensed under chapter 457. See Hawaii Revised Statutes 334D-2
  • 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.
  • Personal property: All property that is not real property.
  • 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
  • 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.
  • 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.
  • 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
  • Small Business Administration: means the Small Business Administration of the United States. See Hawaii Revised Statutes 209-1
  • State: includes states, territories, districts, and insular and other possessions of the United States. See Hawaii Revised Statutes 337-1
  • 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.

Hawaii Revised Statutes > Chapter 431 > Part III – Coverages and Rights

431:10C-301 Required motor vehicle policy coverage
431:10C-301.5 Covered loss deductible
431:10C-302 Required optional additional insurance
431:10C-302.5 Managed care option
431:10C-303 Right to personal injury protection benefits
431:10C-303.5 U-drive insurance policy; primary
431:10C-304 Obligation to pay personal injury protection benefits
431:10C-305 Source of payment
431:10C-305.5 Right to reimbursement of deductible paid; when
431:10C-306 Abolition of tort liability
431:10C-307 Reimbursement of duplicate benefits
431:10C-308.5 Limitation on charges
431:10C-308.7 Client-patient referrals, health care provider practices prohibited
431:10C-309 Total loss motor vehicle claims
431:10C-310 Total loss motor vehicle claims: replacement
431:10C-311 Total loss motor vehicle claims: cash settlement
431:10C-312 Payment of excise tax and certificate of ownership fee
431:10C-313 Insurer practices regarding loss of use, storage and towing, and betterment
431:10C-313.5 Preferred repair provider
431:10C-313.6 Original equipment manufacturer’s and like kind and quality parts
431:10C-314 Jurisdiction
431:10C-315 Statute of limitations

Terms Used In Hawaii Revised Statutes > Chapter 431 > Part III

  • 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
  • Activities of daily living: means at least bathing, continence, dressing, eating, toileting, and transferring. See Hawaii Revised Statutes 346C-1
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board of trustees: means the board of trustees charged with the general administration of this program under section 346C-3. See Hawaii Revised Statutes 346C-1
  • 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
  • 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
  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • 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

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Department: means the department of human services. See Hawaii Revised Statutes 346E-1
  • Dependent: A person dependent for support upon another.
  • Director: means the director of human services. See Hawaii Revised Statutes 346E-1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • 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
  • Insured: means :

         (1)  The person identified by name as insured in a motor vehicle insurance policy complying with section 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 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 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
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • Internal Revenue Code: means subtitle A, chapter 1, of the federal Internal Revenue Code of 1986, as amended as of December 31, 2018, 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 and federal public laws which, pursuant to this chapter, do not apply or are otherwise limited in application and except for the provisions of Public Law 109-001 which apply to section 170 of the Internal Revenue Code. See Hawaii Revised Statutes 235-2.3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • Maximum limit: means the total personal injury protection benefits payable for coverage under section 431:10C-103. See Hawaii Revised Statutes 431:10C-103
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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.
  • 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 section 431:10C-301. See Hawaii Revised Statutes 431:10C-103
  • 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
  • Nonbusiness income: means all income other than business income. See Hawaii Revised Statutes 235-21
  • Nursing facility: means a nursing facility licensed under sections 321-9 and 321-11 and any intermediate care facility for individuals with intellectual disabilities licensed under sections 321-9 and 321-11. See Hawaii Revised Statutes 346E-1
  • Nursing facility income: means the total compensation received for furnishing nursing facility services, including all receipts from "ancillary services" (as defined in 42 Code of Federal Regulations 413. See Hawaii Revised Statutes 346E-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means any person operating a nursing facility, whether as owner or proprietor, or as lessee, sublessee, mortgagee in possession, licensee, or otherwise, or engaging or continuing in any service business that involves the actual furnishing of nursing facility services. See Hawaii Revised Statutes 346E-1
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10C-103
  • Personal property: All property that is not real property.
  • Program: means the long-term care financing program set forth in this chapter. See Hawaii Revised Statutes 346C-1
  • 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 utility: has the meaning given that term in section 269-1. See Hawaii Revised Statutes 235-21
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • 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.
  • 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
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • 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

  • 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