446E-1 Definitions
446E-1.6 Exceptions
446E-1.7 Powers and duties of the director
446E-2 Disclosures
446E-3 Sanction
446E-4 Service of process
446E-5 Prohibited practices

Terms Used In Hawaii Revised Statutes > Chapter 446E

  • 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.
  • Applicant: means any person who applies for a certificate of need under part V. See Hawaii Revised Statutes 323D-2
  • Certificate of need: means an authorization, when required pursuant to section 323D-43, to construct, expand, alter, or convert a health care facility or to initiate, expand, develop, or modify a health care service. See Hawaii Revised Statutes 323D-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 54-17
  • Degree: means a post-secondary credential, earned or honorary, conferring on the recipient the title or designation of "associate" "bachelor" "baccalaureate" "master" "doctor" or "doctorate" or any designation, mark, appellation, series of letters or words, or other symbol which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of an academic or professional program of study beyond the secondary school level. See Hawaii Revised Statutes 446E-1
  • Degree granting institution: means a school, academy, institute, junior college, college, university, agency, individual, partnership, company, firm, society, trust, association, corporation, or any combination thereof that meets the following criteria:

         (1)  Provides a post-secondary instructional program or course leading to a degree;

         (2)  Uses in its name the term "college" "academy" "institute" "institution" or "university" or a similar term which implies that the organization or person is primarily engaged in the education of students at the post-secondary level; and

         (3)  Charges a fee for its services. See Hawaii Revised Statutes 446E-1

  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 446E-1
  • Employee: means a person who is hired on an hourly or salaried basis for twenty or more hours per week. See Hawaii Revised Statutes 446E-1
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Health: includes physical and mental health. See Hawaii Revised Statutes 323D-2
  • health care service: include any program, institution, place, building, or agency, or portion thereof, private or public, other than federal facilities or services, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. See Hawaii Revised Statutes 323D-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
  • Office: means space within a structure that is leased, subleased, rented, or owned by the unaccredited institution or one or more of its officers or directors for the exclusive use by the unaccredited institution, as evidenced by a written lease agreement, sublease agreement, rental agreement, or conveyance document, and shall not include an arrangement for mail forwarding services or mailbox rental. See Hawaii Revised Statutes 446E-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual or a natural person, a trust or estate, a society, a firm, an assembly, a partnership, a corporation, a professional corporation, an association, the State, any political subdivision of the State, a county, a state agency or any instrumentality of the State, a county agency or any instrumentality of a county. See Hawaii Revised Statutes 323D-2
  • Presence: means offering courses, programs, or degrees or maintaining a campus, or an administrative, corporate, or other address in this State. See Hawaii Revised Statutes 446E-1
  • Review panel: means the panel established pursuant to section 323D-42. See Hawaii Revised Statutes 323D-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • State agency: means the state health planning and development agency established in section 323D-11. See Hawaii Revised Statutes 323D-2
  • Statewide council: means the statewide health coordinating council established in section 323D-13. See Hawaii Revised Statutes 323D-2
  • Student: means a person who enrolls in or seeks to enroll in a course of instruction offered or conducted by an unaccredited institution. See Hawaii Revised Statutes 446E-1
  • Subarea: means one of the geographic subareas designated by the state agency pursuant to section 323D-21. See Hawaii Revised Statutes 323D-2
  • Unaccredited institution: means a degree granting institution that is not accredited or a candidate for accreditation by at least one nationally recognized accrediting agency that is listed by the United States Secretary of Education. See Hawaii Revised Statutes 446E-1