467-1 Definitions
467-1.5 Employer-employee relationship
467-1.6 Principal brokers
467-2 Exceptions
467-3 Commission, appointments, qualifications, tenure
467-4 Powers and duties of commission
467-4.5 Continuing education
467-5 Board’s employees
467-6 Place of meeting
467-7 Licenses required to act as real estate broker and salesperson
467-7.5 License recognition
467-8 Prerequisites for license, registration, or certificate
467-9 License, registration, certificate, and applications
467-9.5 Prerequisites for examination
467-9.6 Examination
467-10 Form of licenses, registrations, and certificates
467-11 Fees; original license and biennial renewals
467-11.5 Prerequisites for license renewal
467-12 Place of business and posting of license
467-13 Delivery of agreement
467-14 Revocation, suspension, and fine
467-15 Hearings
467-15.5 License issued after a revocation or automatic termination
467-16 Real estate recovery fund; use of fund; fees
467-17 Additional payments to fund
467-18 Statute of limitation; recovery from fund
467-19 Management of fund
467-20 False statement
467-21 The real estate commission has standing in court
467-22 Subrogation of rights
467-23 Waiver of rights
467-24 Maximum liability
467-25 Disciplinary action against licensee
467-25.5 Registration of schools, instructors; fees
467-26 Penalty
467-30 Registration, bonding, and other requirements for condominium hotel operators

Terms Used In Hawaii Revised Statutes > Chapter 467

  • 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.
  • 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.
  • Commercial solid waste: means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes. See Hawaii Revised Statutes 342H-51
  • Commission: means the real estate commission of the State. See Hawaii Revised Statutes 467-1
  • 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
  • Custodian or caretaker: means any individual, who for compensation or valuable consideration, is employed as an employee by a single owner and has the responsibility to manage or care for that real property left in the individual's trust; provided that the term "custodian" or "caretaker" shall not include any individual who leases or offers to lease, or rents or offers to rent, any real estate for more than a single owner; provided further that a single owner shall not include an association of owners of a condominium, cooperative, or planned unit development. See Hawaii Revised Statutes 467-1
  • 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 health. See Hawaii Revised Statutes 342H-1
  • Director: means the director of health. See Hawaii Revised Statutes 342H-1
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste onto any land or water so that such solid waste, or any constituent thereof, may enter the environment, be emitted into the air, or discharged into any water, including ground waters. See Hawaii Revised Statutes 342H-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.
  • Existing municipal solid waste landfill unit: means any municipal solid waste landfill unit that is receiving solid waste on October 9, 1993. See Hawaii Revised Statutes 342H-51
  • Facility: means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal of solid waste. See Hawaii Revised Statutes 342H-51
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Hotel: includes a structure or structures used primarily for the business of providing transient lodging for periods of less than thirty days and which furnishes customary hotel services including but not limited to front desk, restaurant, daily maid and linen service, bell service, or telephone switchboard; provided that for the purposes of this chapter, units in a project as defined by section 514B-3 that provide customary hotel services shall be excluded from the definition of hotel. See Hawaii Revised Statutes 467-1
  • Household waste: means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). See Hawaii Revised Statutes 342H-51
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Industrial solid waste: means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA. See Hawaii Revised Statutes 342H-51
  • 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 molded imprint or raised symbol on or near the bottom of a plastic product. See Hawaii Revised Statutes 342H-41
  • Lateral expansion: means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit. See Hawaii Revised Statutes 342H-51
  • 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.
  • 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
  • Municipal solid waste landfill unit: means a discrete area of land or an excavation that receives household waste and is not a land application unit, surface impoundment, injection well, or waste pile. See Hawaii Revised Statutes 342H-51
  • New municipal solid waste landfill unit: means any municipal solid waste landfill unit that has not received waste prior to October 9, 1993. See Hawaii Revised Statutes 342H-51
  • 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 dump: means a disposal site that is operating in nonconformance with applicable standards, relevant permit conditions, rules, or this chapter. See Hawaii Revised Statutes 342H-1
  • Operator: means the person responsible for the overall operation of a facility or part of a facility. See Hawaii Revised Statutes 342H-51
  • Owner: means the person who owns a facility or part of a facility. See Hawaii Revised Statutes 342H-51
  • 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.
  • Party: means each person or agency named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342H-1
  • Permit: means written authorization from the director to construct, modify, and operate any solid waste management system or any component of any solid waste management system. See Hawaii Revised Statutes 342H-1
  • Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342H-1
  • Personal property: All property that is not real property.
  • Plastic: means any material made of polymeric organic compounds and additives that can be shaped by flow. See Hawaii Revised Statutes 342H-41
  • Plastic bottle: means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons. See Hawaii Revised Statutes 342H-41
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pollution: means solid waste pollution. See Hawaii Revised Statutes 342H-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
  • RCRA: means the federal Resource Conservation and Recovery Act, as amended, 42 United States Code,   6901 to 6991i. See Hawaii Revised Statutes 342H-51
  • Real estate: means and includes lands, the improvements thereon, leaseholds, and all other interests in real property. See Hawaii Revised Statutes 467-1
  • Real estate broker: means any person who, for compensation or a valuable consideration, sells or offers to sell, buys or offers to buy, or negotiates the purchase or sale or exchange of real estate, or lists, or solicits for prospective purchasers, or who leases or offers to lease, or rents or offers to rent, or manages or offers to manage, any real estate, or the improvements thereon, for others, as a whole or partial vocation; or who secures, receives, takes, or accepts, and sells or offers to sell, any option on real estate without the exercise by the person of the option and for the purpose or as a means of evading the licensing requirement of this chapter. See Hawaii Revised Statutes 467-1
  • Real estate salesperson: means any individual who, for a compensation or valuable consideration, is employed either directly or indirectly by a real estate broker, or is an independent contractor in association with a real estate broker, to sell or offer to sell, buy or offer to buy, or list, or solicit for prospective purchasers, or who leases or offers to lease, or rents or offers to rent, or manages or offers to manage, any real estate, or the improvements thereon, for others as a whole or partial vocation; or who secures, receives, takes, or accepts, and sells or offers to sell, any option on real estate without the exercise by the individual of the option and for the purpose or as a means of evading the licensing requirements of this chapter. See Hawaii Revised Statutes 467-1
  • 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
  • Recycling: means the collection, separation, recovery, and sale or reuse of secondary resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material. See Hawaii Revised Statutes 342H-1
  • Rigid plastic container: means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more, but less than five gallons. See Hawaii Revised Statutes 342H-41
  • 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.
  • Solid waste: means garbage, refuse, and other discarded materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, and agricultural operations, sludge from waste treatment plants and water supply treatment plants, and residues from air pollution control facilities and community activities, but does not include solid or dissolved materials in domestic sewage or other substances in water sources such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows, or other common water pollutants, or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. See Hawaii Revised Statutes 342H-1
  • Solid waste management system: means a system for the storage, processing, treatment, transfer, or disposal of solid waste. See Hawaii Revised Statutes 342H-1
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Trustee: A person or institution holding and administering property in trust.
  • Variance: means special written authorization from the director to do an act that deviates from applicable standards or from the requirements of rules adopted under this chapter. See Hawaii Revised Statutes 342H-1
  • Waste: means sewage, industrial and agricultural matter, and all other liquid, gaseous, or solid substance, including radioactive substance, whether treated or not, which may pollute or tend to pollute the atmosphere, lands or waters of this State. See Hawaii Revised Statutes 342H-1