487J-1 Definitions
487J-2 Social security number protection
487J-3 Penalties; civil action
487J-4 Reporting requirements
487J-5 Policy and oversight responsibility
487J-6 Unlawful use of identification card or driver’s license
487J-7 Pharmacy benefit managers; health information; prohibited marketing practices

Terms Used In Hawaii Revised Statutes > Chapter 487J - Personal Information Protection

  • Abused or neglected: means subjected to "harm" "imminent harm" or "threatened harm" as defined in section [587A-4]. See Hawaii Revised Statutes 346-1
  • Accuser: means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused. See Hawaii Revised Statutes 124A-1
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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
  • Act of Congress: means the act of Congress approved June 18, 1934, entitled, "An act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes" and the amendments thereto. See Hawaii Revised Statutes 212-1
  • Active state duty: means duty in the active military service of the State under an order of the governor issued under authority vested in the governor by law, and includes travel to and from such duty. See Hawaii Revised Statutes 124A-1
  • 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.
  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124A-1
  • Administrator: means the administrator of the state procurement office. See Hawaii Revised Statutes 103F-102
  • Administrator of the state procurement office: means the chief procurement officer for the governmental bodies of the executive branch of the State, other than the University of Hawaii, department of education, the several counties, and those governmental bodies administratively attached thereto. See Hawaii Revised Statutes 103D-1201
  • Advance health-care directive: means an individual instruction or a power of attorney for health care. See Hawaii Revised Statutes 327E-2
  • Advance mental health care directive: means a written document expressing preferences, instructions, or a power of attorney for mental health treatment. See Hawaii Revised Statutes 327G-2
  • 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.
  • Affiliated: means businesses or persons who have contractual arrangements with, or are subject to the control of, the pharmacy benefit manager. See Hawaii Revised Statutes 487J-1
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any department, authority, commission, council, board, committee, institution, legislative body, agency, or other establishment or office of the executive, legislative, or judicial branch of the State, and includes the office of Hawaiian affairs. See Hawaii Revised Statutes 103F-102
  • 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
  • Agent: means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power. See Hawaii Revised Statutes 327E-2
  • Agent: means a competent adult designated in a power of attorney contained in an advance mental health care directive to make a mental health care decision for the individual granting the power and includes all designated alternate agents. See Hawaii Revised Statutes 327G-2
  • 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
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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 continuing education course: means a course approved by the commissioner following receipt of recommendations from insurance professionals. See Hawaii Revised Statutes 431:9A-102
  • Approved course provider: means an individual or entity that is approved to offer continuing education courses pursuant to article 9A. See Hawaii Revised Statutes 431:8-102
  • Approved course provider: means an organization or person that has been approved by the commissioner. See Hawaii Revised Statutes 431:9A-102
  • Aquaculture: means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for commercial purposes or authorized stock enhancement purposes. See Hawaii Revised Statutes 219-2
  • 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.
  • Assumed name: means any fictitious, alias, maiden, or trade name used in the past. See Hawaii Revised Statutes 431:9A-102
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
  • Authority: means the county planning commission, except in counties where the county planning commission is advisory only, in which case "authority" means the county council or such body as the council may by ordinance designate. See Hawaii Revised Statutes 205A-1
  • Authority: means the Hawaii community development authority established by section 206E-3. See Hawaii Revised Statutes 206E-2
  • 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.
  • 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.
  • Basic hourly rate: means the hourly wage paid to a laborer or mechanic for work performed during nonovertime hours, but shall not include the cost to an employer of furnishing fringe benefits, whether paid directly or indirectly to the laborer or mechanic as provided in the definition of "wages". See Hawaii Revised Statutes 104-1
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment and shall include:

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

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

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

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

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

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

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

  • Board: means the neurotrauma advisory board established under section 321H-3. See Hawaii Revised Statutes 321H-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 206J-4, and any successor thereto. See Hawaii Revised Statutes 206J-2
  • Board: means the board of directors of the development corporation established in section 206M-2, and any successor thereto. See Hawaii Revised Statutes 206M-1
  • Board: means the board of agriculture of the department of agriculture. See Hawaii Revised Statutes 219-2
  • 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
  • Bonds: means any bonds, notes, interim certificates, debentures, or other obligations. See Hawaii Revised Statutes 206-1
  • Bonds: means revenue bonds, special facilities revenue bonds, notes, or other instruments of indebtedness of the development corporation issued under this chapter and shall include refunding bonds. See Hawaii Revised Statutes 206J-2
  • 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: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. See Hawaii Revised Statutes 103D-104
  • Business: means a sole proprietorship, partnership, limited partnership, corporation, limited liability company, association, or any other form of business entity. See Hawaii Revised Statutes 487J-1
  • 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
  • Business entity: means an association, corporation, individual, limited liability company, limited liability partnership, partnership, person, or other legal entity. See Hawaii Revised Statutes 431:9A-102
  • Cafeteria workers: includes all employees of any public school cafeteria other than the cafeteria manager. See Hawaii Revised Statutes 302A-101
  • Capacity: means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health-care decision. See Hawaii Revised Statutes 327E-2
  • Capacity: means a principal's ability to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate a mental health care decision. See Hawaii Revised Statutes 327G-2
  • 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
  • Chairperson: means the chairperson of the board of agriculture. See Hawaii Revised Statutes 219-2
  • Chambers: A judge's office.
  • Change order: means a written order signed by the procurement officer, directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor. See Hawaii Revised Statutes 103D-104
  • Chief procurement officer: means those officials designated by section 103D-203. See Hawaii Revised Statutes 103F-102
  • 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
  • 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
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commanding officer: includes only commissioned officers. See Hawaii Revised Statutes 124A-1
  • 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

  • Commercial project: means an undertaking involving commercial or light industrial development, which includes a mixed-use development where commercial or light industrial facilities may be built into, adjacent to, under, or above residential units;

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

  • Commissioned officer: includes a commissioned warrant officer. See Hawaii Revised Statutes 124A-1
  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:9A-102
  • 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.
  • Community of identity: means a group of people who may not live in the same geographic area but who are bound together through a common ethnicity or other personal characteristic such as age or social status. See Hawaii Revised Statutes 210D-2
  • Community of interest: means a group of people who may not live in the same geographic area but who are bound together through a common economic interest such as coffee growers or an aquaculture cooperative. See Hawaii Revised Statutes 210D-2
  • Community-based economic development: means a community institution-building process that results in community-based enterprises and other economic development activities which are designed and implemented by a community; consistent with a community's values, culture, and vision; and intended to increase community control over local resources and decision-making processes. See Hawaii Revised Statutes 210D-2
  • Community-based organization: means a nonprofit corporation incorporated in the State of Hawaii that is organized and controlled by either a geographic community, a community of identity, or a community of interest and that is directly involved in community-based economic development activities. See Hawaii Revised Statutes 210D-2
  • Competent adult: means an individual eighteen years of age or older who has the capacity to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate mental health care decisions. See Hawaii Revised Statutes 327G-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Complex area superintendent: means the chief administrative officer of a complex area and the complexes therein. See Hawaii Revised Statutes 302A-101
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Construction: means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. See Hawaii Revised Statutes 103D-104
  • Construction: includes alteration, repair, painting, and decorating. See Hawaii Revised Statutes 104-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: means all types of agreements, regardless of what they may be called, for the procurement or disposal of goods or services, or for construction. See Hawaii Revised Statutes 103D-104
  • Contract: means all types of agreements, regardless of what they may be called. See Hawaii Revised Statutes 103F-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Hawaii Revised Statutes 103D-104
  • Contractor: means any person having a contract with a governmental body. See Hawaii Revised Statutes 103D-104
  • Contractor: means any person furnishing construction for a public work under a contract with a governmental contracting agency, subcontractor, or any other person under a subcontract arrangement with any person who has a construction contract subject to this chapter. See Hawaii Revised Statutes 104-1
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command. See Hawaii Revised Statutes 124A-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative: means a nonprofit association of [aquaculturists] organized under chapter 421. See Hawaii Revised Statutes 219-2
  • Cooperative purchasing: means procurement conducted by a public or external procurement unit with one or more public procurement units, external procurement units, or nonprofit private procurement units, pursuant to this chapter. See Hawaii Revised Statutes 103D-801
  • 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.
  • Council: means the community-based economic development advisory council. See Hawaii Revised Statutes 210D-2
  • 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
  • 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
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • 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.
  • Data: means recorded information, regardless of form or characteristic. See Hawaii Revised Statutes 103D-104
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 319-1
  • Department: means department of health. See Hawaii Revised Statutes 321H-1
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 104-1
  • Department: means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of Honolulu, or other appropriate agency as designated by the county councils. See Hawaii Revised Statutes 205A-41
  • Department: means the department of education. See Hawaii Revised Statutes 302A-101
  • Department: means the department of health. See Hawaii Revised Statutes 327K-1
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 209E-2
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 210-1
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 210D-2
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 211D-1
  • Department: means the department of agriculture. See Hawaii Revised Statutes 219-2
  • Department: means any department, board, commission, or agency of a jurisdiction. See Hawaii Revised Statutes 76-11
  • Department: means the department of human services. See Hawaii Revised Statutes 346-1
  • Department school: means any school that falls within the definition of "public schools" as that term is defined in section 302A-101, and is not a charter school. See Hawaii Revised Statutes 302A-101
  • Dependent: A person dependent for support upon another.
  • Design-build: means a project delivery method in which the procurement officer enters into a single contract for design and construction. See Hawaii Revised Statutes 103D-104
  • Development area: means an area so designated pursuant to section 206-5. See Hawaii Revised Statutes 206-1
  • Development corporation: means the Aloha Tower development corporation established by section 206J-4. See Hawaii Revised Statutes 206J-2
  • 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
  • Direct labor: means all work required for preparation, processing, or packing of goods or performance of services, but not work relating to supervision, administration, inspection, or shipping. See Hawaii Revised Statutes 103D-1001
  • Director: means the director of finance. See Hawaii Revised Statutes 319-1
  • Director: means the director of health. See Hawaii Revised Statutes 321H-1
  • Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 104-1
  • Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 209E-2
  • Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 210-1
  • 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 human services. See Hawaii Revised Statutes 346-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disease management services: means patient self-management education services, which may include primary prevention, behavioral modification, compliance/surveillance, and routine reporting and feedback including communication with patients, physicians, health plans, or ancillary providers. See Hawaii Revised Statutes 209E-2
  • 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.
  • Donee: The recipient of a gift.
  • Donor: means any person, partnership, corporation, company, or association engaged in the farming, processing, distribution, wholesaling, or retailing of food products who donates such products, without remuneration, to a charitable, religious, or nonprofit organization. See Hawaii Revised Statutes 145D-1
  • Donor: The person who makes a gift.
  • drug: means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than human and articles other than feed intended to affect the structure or any function of the animal body. See Hawaii Revised Statutes 144-2
  • Duty status other than active state duty: means any time when members and units of the state military forces assemble for drill or other equivalent training, instruction, or duty or participate in field training, encampments, maneuvers, schools, conferences, cruises, or other similar duties as may be prescribed by the laws of the United States (including but not limited to title 32 of the United States Code) or of the State and any regulations issued thereunder, and includes travel to and from such duty. See Hawaii Revised Statutes 124A-1
  • Economic development project: means an endeavor related to industrial, commercial, or advanced technology-based agricultural enterprise. See Hawaii Revised Statutes 206M-1
  • Education and training services: means courses and programs for international business executives in business management, marketing, financial services, human resources, risk management, and for technicians in environmental sciences and remediation. See Hawaii Revised Statutes 209E-2
  • Eligible business activity: means the:

         (1)  Manufacture of tangible personal property, the wholesale sale of tangible personal property as described in section 237-4, or a service business as defined in this section;

         (2)  Production of agricultural products where the business is a producer as defined in section 237-5, or the processing of agricultural products, all or some of which were grown within an enterprise zone;

         (3)  Research, development, sale, or production of all types of genetically-engineered medical, agricultural, or maritime biotechnology products; or

         (4)  Production of electric power from wind energy for sale primarily to a public utility company for resale to the public;

    provided that medical cannabis dispensary activities pursuant to chapter 329D shall not be considered an eligible business activity for the purposes of this chapter. See Hawaii Revised Statutes 209E-2

  • Emancipated minor: means a person under eighteen years of age who is totally self-supporting. See Hawaii Revised Statutes 327E-2
  • Emancipated minor: means an individual less than eighteen years of age who is deemed to be emancipated pursuant to section 577-25. See Hawaii Revised Statutes 327G-2
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any noncompensated individual performing services for any governmental body. See Hawaii Revised Statutes 103D-104
  • 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 benefit plan: means any plan as defined in title 29 United States Code section 1002(3), as amended. See Hawaii Revised Statutes 487J-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

  • Enlisted member: means a person in an enlisted grade. See Hawaii Revised Statutes 124A-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
  • Enterprise zone: means an area nominated by, and within the jurisdiction of, a county government, and subsequently declared by the governor to be eligible for the benefits of this chapter. See Hawaii Revised Statutes 209E-2
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Establishment: means a single physical location where business is conducted. See Hawaii Revised Statutes 209E-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.
  • 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

  • Excess property: means any property which has a remaining useful life but which is no longer required by the using agency in possession of the property. See Hawaii Revised Statutes 103D-1201
  • 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.
  • External procurement unit: means any buying organization not located in this State which, if located in this State, would qualify as a public procurement unit. See Hawaii Revised Statutes 103D-801
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Fair market price: means the price of a product or service paid by a willing buyer to a willing seller, that is reasonably comparable to prices on the open market. See Hawaii Revised Statutes 103D-1001
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farming: 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
  • 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.
  • Financial institution: includes a bank, trust company, banking association, savings and loan association, mortgage company, investment bank, credit union, or nontraditional financial institution. See Hawaii Revised Statutes 211D-1
  • Financing: means furnishing risk capital to persons for use in the development or exploitation of specific inventions or products. See Hawaii Revised Statutes 211E-1
  • 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.
  • Forbearance: A means of handling a delinquent loan. A
  • Force majeure event: means an event, including damaging weather or natural disasters such as epidemic disease, pest outbreak, high wind, thunderstorm, hailstorm, tornado, fire, flood, earthquake, lava flow or other volcanic activity, drought, tidal wave, hurricane, or without limiting or restricting the foregoing in any way, any event reasonably beyond the control of, and not attributable to neglect by, an agricultural business. See Hawaii Revised Statutes 209E-2
  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Form: means a provider orders for life-sustaining treatment form adopted by the department. See Hawaii Revised Statutes 327K-1
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Hawaii capital loan revolving fund established in section 210-3. See Hawaii Revised Statutes 211D-1
  • Fund: means the Hawaii employer-union health benefits trust fund established in section 87A-30. See Hawaii Revised Statutes 87A-1
  • Geographic bidding: includes the use of a competitive solicitation which provides for one or more contracts to be awarded on a regional or geographic basis with the State. See Hawaii Revised Statutes 103D-901
  • 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.
  • Goods: means all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals. See Hawaii Revised Statutes 103D-104
  • Government agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county. See Hawaii Revised Statutes 487J-1
  • Governmental body: means any department, commission, council, board, bureau, authority, committee, institution, legislative body, agency, government corporation, or other establishment or office of the executive, legislative, or judicial branch of the State, including the office of Hawaiian affairs, and the several counties of the State. See Hawaii Revised Statutes 103D-104
  • Governmental contracting agency: means the State, any county and any officer, bureau, board, commission, or other agency or instrumentality thereof. See Hawaii Revised Statutes 104-1
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124A-1
  • Governor: means the governor of the State of Hawaii. See Hawaii Revised Statutes 206-1
  • Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. See Hawaii Revised Statutes 124A-1
  • Grant: means the furnishing of assistance, whether financial or otherwise, to any person to support a program authorized by law. See Hawaii Revised Statutes 103D-104
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: means a judicially appointed guardian having authority to make a health-care decision for an individual. See Hawaii Revised Statutes 327E-2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a judicially appointed guardian or conservator having authority to make a mental health care decision for a principal, appointed under part 3 of article V of chapter 560. See Hawaii Revised Statutes 327G-2
  • Hawaii input: includes but is not limited to:

         (1)  The cost to mine, excavate, produce, manufacture, raise, or grow the materials in Hawaii;

         (2)  The added value of that portion of the cost of imported materials that is incurred after landing in Hawaii, including but not limited to other articles, materials, and supplies, added to the imported materials;

         (3)  The cost of labor, variable overhead, utilities, and services, incurred in the production and manufacturing of materials or products in Hawaii; and

         (4)  Fixed overhead cost and amortization or depreciation cost, if any, for buildings, tools, and equipment, situated and located in Hawaii and used in the production or manufacturing of a product. See Hawaii Revised Statutes 103D-1001

  • Hawaii products: means products that are mined, excavated, produced, manufactured, raised, or grown in the State and where the cost of the Hawaii input towards the product exceeds fifty per cent of the total cost of the product; provided that:

         (1)  Where the value of the input exceeds fifty per cent of the total cost, the product shall be classified as class I; and

         (2)  Where any agricultural, aquacultural, horticultural, silvicultural, floricultural, or livestock product is raised, grown, or harvested in the State, the product shall be classified as class II. See Hawaii Revised Statutes 103D-1001

  • Health and human services: means services to communities, families, or individuals which are intended to maintain or improve health or social well-being. See Hawaii Revised Statutes 103F-102
  • Health benefits plan: means :

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

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

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

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

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

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

  • Health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 327G-2
  • Health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327G-2
  • Health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of the individual's business or profession. See Hawaii Revised Statutes 327K-1
  • Health-care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care. See Hawaii Revised Statutes 327E-2
  • Health-care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 327E-2
  • Health-care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327E-2
  • 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
  • Home state: means the District of Columbia or any state or territory of the United States in which an insurance producer maintains the producer's principal place of residence or principal place of business and is licensed to act as an insurance producer. See Hawaii Revised Statutes 431:9A-102
  • 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
  • Inactive: means that the authority of a license issued by the commissioner is not in effect. See Hawaii Revised Statutes 431:9A-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
  • Independent adjuster: means an adjuster representing the interests of the insurer. See Hawaii Revised Statutes 431:9-105
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means a natural person or a business entity. See Hawaii Revised Statutes 431:8-102
  • Individual: means a natural person or a business entity. See Hawaii Revised Statutes 431:9A-102
  • Individual instruction: means an individual's direction concerning a health-care decision for the individual. See Hawaii Revised Statutes 327E-2
  • Industrial oil: means any compressor, turbine, or bearing oil, hydraulic oil, metal working oil or refrigeration oil. See Hawaii Revised Statutes 103D-1302
  • Information technology design and production services: means computer software development, imagery creation, and data compilation, but not consumer sales or service businesses. See Hawaii Revised Statutes 209E-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Innovation: means any new product or invention. See Hawaii Revised Statutes 211E-1
  • Institutional facility: means a:

         (1)  Hospital;

         (2)  Convalescent home;

         (3)  Nursing home;

         (4)  Extended care facility;

         (5)  Mental institution;

         (6)  Rehabilitation center;

         (7)  Health maintenance organization;

         (8)  Psychiatric center;

         (9)  Intellectual disability center;

        (10)  Penal institution; or

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

  • Inter vivos: Transfer of property from one living person to another living person.
  • Interactive conference technology: means any form of audio or audio and visual conference technology, including teleconference, videoconference, and voice over internet protocol, that facilitates interaction between the public and board members. See Hawaii Revised Statutes 92-2
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interested persons: means the patient's spouse, unless legally separated or estranged, a reciprocal beneficiary, any adult child, either parent of the patient, an adult sibling or adult grandchild of the patient, or any adult who has exhibited special care and concern for the patient and who is familiar with the patient's personal values. See Hawaii Revised Statutes 327E-2
  • Intestate: Dying without leaving a will.
  • Invention: means any new process or technique for which a patent has been granted; or which in the opinion of the advisory committee, the chance of obtaining a patent thereon is favorable. See Hawaii Revised Statutes 211E-1
  • Invitation for bids: means all documents, whether attached or incorporated by reference, utilized for soliciting bids. See Hawaii Revised Statutes 103D-104
  • 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
  • Joint employment: means an employment arrangement:

         (1)  Between two or more employers to share an employee's services, as for example, to interchange employees;

         (2)  In which one employer acts directly or indirectly in the interest of the other employer or employers in relation to the employee; or

         (3)  In which two or more employers are not completely disassociated with respect to the employment of a particular employee and may be deemed to share control of the employee, directly or indirectly, by reason of the fact that one employer controls, is controlled by, or is under common control of the other employer. See Hawaii Revised Statutes 209E-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
  • Law officer: means an official of a general court-martial detailed in accordance with section 124A-45. See Hawaii Revised Statutes 124A-1
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lead agency: means the office of planning. 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
  • Leased employee: means an employee under a professional employer organization arrangement who is assigned to a particular client company on a substantially full-time basis for at least one year. See Hawaii Revised Statutes 209E-2
  • Legacy: A gift of property made by will.
  • Legally authorized representative: means an agent, guardian, or surrogate, as those terms are defined in section 327E-2, or agent designated through a power of attorney for health care, as defined in section 327E-2. See Hawaii Revised Statutes 327K-1
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • 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
  • 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 a surplus lines broker licensed under this article. See Hawaii Revised Statutes 431:8-102
  • Licensee: means any type of insurance producer or producer. See Hawaii Revised Statutes 431:9A-102
  • 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
  • Limited line credit insurance: includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection ("gap") insurance, and any other form of insurance offered in connection with an extension of credit, that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line of credit insurance. See Hawaii Revised Statutes 431:9A-102
  • Limited lines insurance: means those lines of insurance a producer may be licensed to sell pursuant to section 431:9A-107. See Hawaii Revised Statutes 431:9A-102
  • Limited lines producer: means a person authorized by the commissioner to sell, solicit, or negotiate limited lines insurance. See Hawaii Revised Statutes 431:9A-102
  • Line of authority: means a category of insurance products, as set forth in section 431:9A-107(a), which an insurance producer may be licensed to sell pursuant to this article. See Hawaii Revised Statutes 431:9A-102
  • Line of insurance: means an insurance product, contract, or policy designed to cover specified risks that fall within one or more of the classes or types of insurance as defined in sections 431:1-204 to 431:1-211, the lines of authority defined in section 431:9A-107(a), or any other section of this code. See Hawaii Revised Statutes 431:9A-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: includes a line of credit. See Hawaii Revised Statutes 211D-1
  • Local governing body: means the county council. See Hawaii Revised Statutes 206E-2
  • Local public procurement unit: means any county of the State or public agency of any county, public authority, educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the procurement of goods, services, and construction. See Hawaii Revised Statutes 103D-801
  • 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

  • Lubricating oil: means any oil intended for use in an internal combustion crankcase, transmission, gearbox or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine. See Hawaii Revised Statutes 103D-1302
  • 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
  • Maritime: means the administration of chapter 266 by the department of transportation. See Hawaii Revised Statutes 206J-2
  • Marketing: means making a communication about a product or service that encourages a recipient of the communication to purchase or use the product or service. See Hawaii Revised Statutes 487J-1
  • Medical and health care services: means medical research and clinical trials, but not routine medical treatment or services. See Hawaii Revised Statutes 209E-2
  • 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
  • Mental health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a principal's mental condition, including:

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

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

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

  • Mental health care decision: means a decision made by a principal or the principal's agent or guardian regarding the principal's mental health care or mental health treatment. See Hawaii Revised Statutes 327G-2
  • Mental health treatment: means any form of treatment used for the treatment of mental illness, including but not limited to electroconvulsive treatment, the use of psychotropic medication, and admission to and retention in a health care facility for the care or treatment of mental illness. See Hawaii Revised Statutes 327G-2
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124A-1
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Hawaii Revised Statutes 124A-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 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
  • Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract; provided that the person engaged in the act either sells insurance or obtains insurance from insurers for producers. See Hawaii Revised Statutes 431:9A-102
  • 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
  • Nonexpendable property: means all property having a unit cost and useful life which is set by rules adopted by the policy board. See Hawaii Revised Statutes 103D-1201
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Office paper: includes computer paper, bond paper, ledger paper, xerographic copier paper, envelopes, and other related types of paper on which printing, writing, or drawing is intended. See Hawaii Revised Statutes 103D-1001
  • 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
  • Officer: means commissioned or warrant officer. See Hawaii Revised Statutes 124A-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 argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • 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.
  • Overtime compensation: means compensation based on not less than one and one-half times the laborers or mechanics basic hourly rate of pay plus the cost to an employer of furnishing a laborer or mechanic with fringe benefits as described in the definition of "wages"; provided that if the department determines that a prevailing wage is defined by a collective bargaining agreement, the overtime compensation shall be at the rates set by the applicable collective bargaining agreement. See Hawaii Revised Statutes 104-1
  • 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
  • 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: includes individual, partnership, corporation, and association. See Hawaii Revised Statutes 144-2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 327E-2
  • Person: means a sole proprietorship, partnership, joint venture, corporation, or other association of persons organized for commercial or industrial purposes. See Hawaii Revised Statutes 206M-1
  • Person: means every individual, partnership, firm, society, unincorporated association, joint venture, group, hui, joint stock, company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other entities, whether the persons are doing business for themselves or in any agency or fiduciary capacity. See Hawaii Revised Statutes 103D-1001
  • Personal property: means all tangible goods, including equipment, materials and supplies, except land, buildings, and improvement to the land. See Hawaii Revised Statutes 103D-1101
  • Personal property: All property that is not real property.
  • Pharmaceuticals and health care supplies: means any medicine (prescription or nonprescription, excluding all controlled substances listed in chapter 329) or health care supplies such as soap, personal sanitary products, baby formula, dietary supplement, health care aids such as thermometers, surgical gloves, or bandages, or any other item which is customarily fit for human consumption or external use, before the expiration date stamped on the product, if any. See Hawaii Revised Statutes 328C-1
  • Pharmacy benefit manager: means any person, business, or entity that performs pharmacy benefit management, including but not limited to a person or entity under contract with a pharmacy benefit manager to perform pharmacy benefit management on behalf of a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, or health program administered by the State. See Hawaii Revised Statutes 487J-1
  • physical disability: means a physical impairment that substantially limits one or more of a person's major life activities. See Hawaii Revised Statutes 304A-101
  • Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 327E-2
  • Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 327G-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the Hawaii dental education plan. See Hawaii Revised Statutes 319-1
  • Plan: means the Hawaii ocean resources management plan, created and approved by the Hawaii ocean and marine resources council, as amended by the lead agency. See Hawaii Revised Statutes 205A-61
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • police force: includes among others, jailors, turnkeys, guards, matrons, lunas, and cooks employed in any county jail. See Hawaii Revised Statutes 88-152
  • Policy board: means the procurement policy board created in section 103D-201. See Hawaii Revised Statutes 103D-104
  • 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
  • Power of attorney: means the designation of an agent to make mental health care decisions for the principal granting the power. See Hawaii Revised Statutes 327G-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Power of attorney for health care: means the designation of an agent to make health-care decisions for the individual granting the power. See Hawaii Revised Statutes 327E-2
  • 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.
  • Primary physician: means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Hawaii Revised Statutes 327E-2
  • Principal: means a competent adult or emancipated minor who has executed a written advance mental health care directive or power of attorney for mental health care. See Hawaii Revised Statutes 327G-2
  • Printed material: includes business forms, stationery, business cards, brochures, reports, publications, advertising and promotional collateral, and other related materials, including reports, publications, and related materials commissioned as part of any professional services contract. See Hawaii Revised Statutes 103D-1001
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 103D-104
  • Procurement officer: means any person authorized to enter into and administer contracts and make written determinations with respect thereto. See Hawaii Revised Statutes 103D-104
  • producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See Hawaii Revised Statutes 431:9A-102
  • Product: means any product, device, technique, or process, which is or may be exploitable commercially. See Hawaii Revised Statutes 211E-1
  • 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
  • Products: include materials, manufactures, supplies, merchandise, goods, wares, products, and foodstuffs. See Hawaii Revised Statutes 103D-1001
  • Professional services: means those services within the scope of the practice of architecture, landscape architecture, professional engineering, land surveying, real property appraisal, law, medicine, accounting, dentistry, public finance bond underwriting, public finance bond investment banking, or any other practice defined as professional by the laws of this State or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook. See Hawaii Revised Statutes 103D-104
  • Program: means the capital access program. See Hawaii Revised Statutes 211D-1
  • Project: means an undertaking of work or improvement of public or private real or personal property or any interest therein, developed, acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by the development corporation, by itself or in conjunction with qualified persons, and including public facilities and, any law to the contrary notwithstanding, facilities for and functionally related and subordinate to maritime purposes. See Hawaii Revised Statutes 206J-2
  • Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, a redevelopment project, or a residential project, all as defined as follows, or any combination thereof, which combination shall hereinafter be called and known as a "multipurpose project". See Hawaii Revised Statutes 206E-2
  • Project: means the acquisition, construction, improvement, installation, equipping, and development of any combination of land, buildings, and other improvements thereon, including, without limitation, parking facilities for use of, or to assist a technology industrial, manufacturing, or processing enterprise located within or without an 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
  • Property: means all goods, including equipment, materials, supplies, land, buildings, and other improvements to the land, also non-tangible items such as patents, inventions, and copyrights. See Hawaii Revised Statutes 103D-1201
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means an organization or individual contracted by a state agency to provide health or human services to the public on its behalf. See Hawaii Revised Statutes 103F-102
  • Provider: means any person or public or private institution, agency or business concern authorized by the department to provide health care, service or supplies to beneficiaries of medical assistance. See Hawaii Revised Statutes 346-1
  • Provider orders for life-sustaining treatment form: means a form signed by a patient, or if incapacitated, by the patient's legally authorized representative and the patient's provider, that records the patient's wishes and that directs a health care provider regarding the provision of resuscitative and life-sustaining measures. See Hawaii Revised Statutes 327K-1
  • Psychologist: means an individual authorized to practice psychology under chapter 465. See Hawaii Revised Statutes 327G-2
  • Public adjuster: means an adjuster employed by and solely representing the financial interests of the insured named in the policy. See Hawaii Revised Statutes 431:9-105
  • Public advisory body: means the advisory body established in section 205A-3. See Hawaii Revised Statutes 205A-1
  • Public agency: means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206J-2
  • Public agency: means any office, department, board, commission, bureau, division, public corporation agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206E-2
  • Public agency: means any agency of the State or county. See Hawaii Revised Statutes 103D-1001
  • Public facilities: means streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the area, parking garages, sidewalks, pedestrian ways, parks, and other community facilities. See Hawaii Revised Statutes 206J-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
  • 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 procurement unit: means either a local public procurement unit or a state public procurement unit. See Hawaii Revised Statutes 103D-801
  • 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
  • Public work: means any project, including development of any housing pursuant to section 46-15 or chapter 201H and development, construction, renovation, and maintenance related to refurbishment of any real or personal property, where the funds or resources required or used to undertake the project are to any extent derived, either directly or indirectly, from public revenues of the State or any county, or from the sale of securities or bonds whose interest or dividends are exempt from state or federal taxes. See Hawaii Revised Statutes 104-1
  • Purchasing agency: means any governmental body which is authorized by this chapter or its implementing rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods, services, or construction. See Hawaii Revised Statutes 103D-104
  • Purchasing agency: means a state agency authorized to or responsible for entering into contracts to provide health or human services to the public. See Hawaii Revised Statutes 103F-102
  • Qualified aquaculturist: means a person, or association of persons, actively engaged in aquaculture farming, aquacultural produce processing, or aquacultural product development activities. See Hawaii Revised Statutes 219-2
  • Qualified business: means any corporation, partnership, limited liability company, or sole proprietorship authorized to do business in the State that is qualified under section 209E-9, subject to the state corporate or individual income tax under chapter 235, and is engaged in an eligible business activity as defined in this chapter. See Hawaii Revised Statutes 209E-2
  • Qualified community rehabilitation program: means a nonprofit community rehabilitation program for persons with disabilities that:

         (1)  Is organized and incorporated under the laws of the United States or this State, and located in this State;

         (2)  Is operated in the interest of and [employs] persons with disabilities;

         (3)  Does not inure any part of its net income to any shareholder or other individual;

         (4)  Complies with all applicable occupational health and safety standards required by the federal, state, and county governments; and

         (5)  Holds a current certificate from the United States Department of Labor pursuant to the Fair Labor Standards Act, Title 29 United States Code section 214(c), and is certified by the state department of labor and industrial relations under section 387-9 and applicable administrative rules relating to the employment of persons with disabilities. See Hawaii Revised Statutes 103D-1001

  • Qualified nonprofit housing trust: means a corporation, association, or other duly chartered organization that is registered and in good standing with the State; is recognized by the Internal Revenue Service as a charitable or otherwise tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and has the capacity and resources as determined by the authority to carry out the requirements of the reserved housing and workforce housing programs. See Hawaii Revised Statutes 206E-2
  • Qualified person: means any individual, partnership, corporation, or any public agency, possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of the project and such other qualifications as may be deemed desirable by the development corporation in administering this chapter. See Hawaii Revised Statutes 206J-2
  • 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.
  • Rank: means the order of precedence among members of the state military forces. See Hawaii Revised Statutes 124A-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 206E-2
  • Reasonably available: means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a patient's health care needs, and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Hawaii Revised Statutes 327E-2
  • Recess: A temporary interruption of the legislative business.
  • 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
  • Recovered material: means waste material and by-products that have been recovered or diverted from solid waste. See Hawaii Revised Statutes 103D-1001
  • Recycled oil: means used oil that has been prepared for reuse as a petroleum product by refining, reclaiming, reprocessing or other means provided that the preparation or use is operationally safe, environmentally sound and complies with all laws, rules, and regulations. See Hawaii Revised Statutes 103D-1302
  • Redacted: means the rendering of data so that it is unreadable or is truncated so that no more than the last four digits of the identification number are accessible as part of the data. See Hawaii Revised Statutes 487J-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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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).
  • Request for proposals: means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. See Hawaii Revised Statutes 103D-104
  • Request for proposals: means all documents, whether attached or incorporated by reference, soliciting providers to submit a detailed plan to provide health or human services to the public, on behalf of a state agency. See Hawaii Revised Statutes 103F-102
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reserve account: means an account established in a participating financial institution on approval of the department in which money is deposited to serve as a source of additional revenue to reimburse the financial institution for losses on loans enrolled in the program. See Hawaii Revised Statutes 211D-1
  • Reserved housing: means housing designated for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule. See Hawaii Revised Statutes 206E-2
  • 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
  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • sale: includes exchange. See Hawaii Revised Statutes 144-2
  • SBA: means the Small Business Administration of the United States Government. See Hawaii Revised Statutes 210-1
  • scanning: means to access the machine-readable zone of an individual's Hawaii identification card or driver's license with an electronic device capable of deciphering, in an electronically readable format, information electronically encoded on an individual's Hawaii identification card or driver's license. See Hawaii Revised Statutes 487J-1
  • 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
  • Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See Hawaii Revised Statutes 431:9A-102
  • Service business: means any corporation, partnership, limited liability company, or sole proprietorship that repairs ships, aircraft, or assisted technology equipment, provides telecommunication services, information technology design and production services, medical and health care services, or education and training services as defined in this chapter. See Hawaii Revised Statutes 209E-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Services: means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. See Hawaii Revised Statutes 103D-104
  • 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
  • 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

  • Small business: means a business that is independently owned and defined by detailed criteria pursuant to rules adopted by the policy board. See Hawaii Revised Statutes 103D-901
  • Software development: means any work related to feasibility studies, system requirements analysis, system design alternatives analysis, system external specifications, system internal specifications, programming, testing, debugging, or implementation for an electronic data processing system. See Hawaii Revised Statutes 103D-1001
  • Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See Hawaii Revised Statutes 431:9A-102
  • 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
  • Specifications: means any description of the physical or functional characteristics, or of the nature of a good, service, or construction item. See Hawaii Revised Statutes 103D-104
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 327E-2
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 327G-2
  • State: means the State of Hawaii. See Hawaii Revised Statutes 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
  • State judge advocate: means the commissioned officer responsible for supervising the administration of the military justice in the state military forces. See Hawaii Revised Statutes 124A-1
  • State military forces: means the national guard of the State, as defined in section 101(3) of title 32, United States Code, the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 124A-1
  • State public procurement unit: means the office of the chief procurement officer and any other purchasing agency of this State. See Hawaii Revised Statutes 103D-801
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
  • Superior commissioned officer: means a commissioned officer superior in rank or command. See Hawaii Revised Statutes 124A-1
  • Supervising health care provider: means the primary physician or the physician's designee, or the health care provider or the provider's designee who has undertaken primary responsibility for a principal's health care, that includes mental health care. See Hawaii Revised Statutes 327G-2
  • Supervising health-care provider: means the primary physician or the physician's designee, or the health-care provider or the provider's designee who has undertaken primary responsibility for an individual's health care. See Hawaii Revised Statutes 327E-2
  • 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
  • Surplus personal property: includes obsolete, scrap, and excess personal property that has completed its useful life cycle. See Hawaii Revised Statutes 103D-1101
  • Surplus property: includes obsolete, scrap, and nonexpendable property that has completed its useful life cycle. See Hawaii Revised Statutes 103D-1201
  • Surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health-care decision or to act as a medicaid authorized representative for the patient. See Hawaii Revised Statutes 327E-2
  • 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
  • Telecommunication services: means terrestrial (copper and optical fiber cable) and satellite information delivery systems, switching systems, ground stations, and call centers, but not consumer services. See Hawaii Revised Statutes 209E-2
  • Terminate: means :

         (1)  To cancel the relationship between an insurance producer and an insurer; or

         (2)  To terminate a producer's authority to transact insurance. See Hawaii Revised Statutes 431:9A-102

  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • Trade name: means any name used by an insurance producer to solicit insurance business in this State if the true legal name of an individual or a business entity cannot be used. See Hawaii Revised Statutes 431:9A-102
  • 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.
  • Treatment: means services to individuals and families by health or social work professionals which attempt to alleviate physical or mental illness or behavioral problems, including but not limited to, medical treatment, counseling, physical, occupational and other therapeutic services, and referral and case management services for medical treatment, counseling, and other therapeutic services. See Hawaii Revised Statutes 103F-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • 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
  • Uniform application: means the current version of National Association of Insurance Commissioners' uniform application for resident and nonresident producer licensing. See Hawaii Revised Statutes 431:9A-102
  • Uniform business entity application: means the current version of National Association of Insurance Commissioners' uniform business entity application for resident and nonresident business entities. See Hawaii Revised Statutes 431:9A-102
  • 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
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Using agency: means any governmental body which utilizes any goods, services, or construction procured under this chapter. See Hawaii Revised Statutes 103D-104
  • Vandalism: includes , but is not limited to, mischievous or malicious destruction of property, such as breakage of windows, lockers, and doors. See Hawaii Revised Statutes 302A-101
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venture: means , without limitation, any contractual arrangement with any person whereby the investor with risk capital obtain rights from or in an invention or product or proceeds therefrom in exchange for financing such persons. See Hawaii Revised Statutes 211E-1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Virgin oil: means oil which has been refined from crude oil and which has not been used or contaminated with impurities. See Hawaii Revised Statutes 103D-1302
  • 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
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • 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
  • Weighted student formula: means a formula for allocating operating moneys to individual public schools that includes a system of weighted characteristics affecting the relative cost of educating each student attending a public school. See Hawaii Revised Statutes 302A-101
  • WICHE: means the Western Interstate Commission for Higher Education as described in chapter 304A, part VII, subpart D. See Hawaii Revised Statutes 319-1
  • Workforce housing: means new residential projects where at least seventy-five per cent of the residential units are set aside for purchase or rent for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rules and that do not require financial assistance for design and construction from federal, state, or county government agencies. See Hawaii Revised Statutes 206E-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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