488-1 Definitions
488-2 Applicability; other statutes, rules of court
488-3 Certificate of authority; authority issued or denied; plan termination
488-4 Accumulated funds, protection, violation
488-5 Annual exhibits; examination by director
488-6 Investments of certain plans
488-7 Failure to comply; penalty
488-8 Access to records
488-9 Records and reports

Terms Used In Hawaii Revised Statutes > Chapter 488 - Legal Service Plans

  • Acceptance: means a formal determination that the document required to be filed pursuant to section 343-5 fulfills the definition of an environmental impact statement, adequately describes identifiable environmental impacts, and satisfactorily responds to comments received during the review of the statement. See Hawaii Revised Statutes 343-2
  • Accidental harm: means bodily injury, death, sickness, or disease caused by a motor vehicle accident to a person. See Hawaii Revised Statutes 431:10C-103
  • Action: means any program or project to be initiated by any agency or applicant. See Hawaii Revised Statutes 343-2
  • Activities of daily living: means at least bathing, continence, dressing, eating, toileting, and transferring. See Hawaii Revised Statutes 346C-1
  • Advisory committee: means the committee established in section [226-55] to advise and assist in the formulation of the state functional plans. See Hawaii Revised Statutes 226-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means any department, office, board, or commission of the state or county government which is a part of the executive branch of that government. See Hawaii Revised Statutes 343-2
  • Ahupuaa: means a traditional native Hawaiian resource and behavioral management system that ensures respect for the air, land, water, and other scarce natural resources that make life sustainable from the mountains to the sea. See Hawaii Revised Statutes 226-2
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any person who, pursuant to statute, ordinance, or rule, officially requests approval for a proposed action. See Hawaii Revised Statutes 343-2
  • Appraisal: A determination of property value.
  • Approval: means a discretionary consent required from an agency prior to actual implementation of an action. See Hawaii Revised Statutes 343-2
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association of boards of certification for operating personnel in water and wastewater utilities: means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs. See Hawaii Revised Statutes 340F-1
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Ballot: includes a ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. See Hawaii Revised Statutes 11-1
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the board of agriculture of the department of agriculture. See Hawaii Revised Statutes 219-2
  • Board: means the board of certification established by section 340F-4. See Hawaii Revised Statutes 340F-1
  • Board of trustees: means the board of trustees charged with the general administration of this program under section 346C-3. See Hawaii Revised Statutes 346C-1
  • Business income: means income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations. See Hawaii Revised Statutes 235-21
  • Candidate: means an individual who seeks nomination for election or seeks election to office. See Hawaii Revised Statutes 11-302
  • Candidate committee: means an organization, association, or individual that receives campaign funds, makes expenditures, or incurs financial obligations on behalf of a candidate with the candidate's authorization. See Hawaii Revised Statutes 11-302
  • Center: means the University of Hawaii environmental center established in section [304A-1551]. See Hawaii Revised Statutes 341-2
  • CFC: means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds. See Hawaii Revised Statutes 342C-1
  • Commercial domicile: means the principal place from which the trade or business of the taxpayer is directed or managed. See Hawaii Revised Statutes 235-21
  • Commission: means the campaign spending commission. See Hawaii Revised Statutes 11-302
  • Commissioner: means the insurance commissioner of the department of commerce and consumer affairs. See Hawaii Revised Statutes 488-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Compensation: means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. See Hawaii Revised Statutes 235-21
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means :

         (1)  A gift, subscription, deposit of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to fundraisers, for the purpose of:

              (A) Influencing the nomination for election, or the election, of any person to office;

              (B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or

              (C)  Use by any candidate committee or noncandidate committee for the purpose of subparagraph (A) or (B);

         (2)  The payment, by any person or party other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee without charge or at an unreasonably low charge for a purpose listed in paragraph (1);

         (3)  A contract, promise, or agreement to make a contribution; or

         (4)  Any loans or advances that are not documented or disclosed to the commission as provided in section 11-372;

         "Contribution" does not include:

         (1)  Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;

         (2)  A candidate's expenditure of the candidate's own funds; provided that this expenditure shall be reportable as other receipts and expenditures;

         (3)  Any loans or advances to the candidate committee; provided that these loans or advances shall be reported as loans; or

         (4)  An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:

              (A)  The individual, candidate committee, or noncandidate committee is uncompensated for the internet activities; or

              (B)  The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services. See Hawaii Revised Statutes 11-302

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the environmental council established in section 341-3(c). See Hawaii Revised Statutes 341-2
  • Council: means the environmental council. See Hawaii Revised Statutes 343-2
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • County general plan: means the comprehensive long-range plan or development plan, if any, which has been adopted by ordinance or resolution by a county council. See Hawaii Revised Statutes 226-2
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Criminal conduct: means :

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

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

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

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of human services. See Hawaii Revised Statutes 346E-1
  • Department: means the department of agriculture. See Hawaii Revised Statutes 219-2
  • Department: means the department of health. See Hawaii Revised Statutes 342C-1
  • Department: means the department of health. See Hawaii Revised Statutes 342E-1
  • Dependent: A person dependent for support upon another.
  • Director: means the director of human services. See Hawaii Revised Statutes 346E-1
  • Director: means the director of health. See Hawaii Revised Statutes 340F-1
  • Director: means the director of environmental quality control. See Hawaii Revised Statutes 341-2
  • Director: means the director of health. See Hawaii Revised Statutes 342C-1
  • Director: means the director of health. See Hawaii Revised Statutes 342E-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discretionary consent: means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent. See Hawaii Revised Statutes 343-2
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means , unless otherwise specified, the district of political representation with the fewest eligible voters in a particular election. See Hawaii Revised Statutes 11-1
  • Donor: The person who makes a gift.
  • Election: means any election for office or for determining a question or issue provided by law or ordinance. See Hawaii Revised Statutes 11-302
  • Election period: means :

         (1)  The two-year time period between the day after the general election through the day of the next general election, if a candidate is seeking nomination or election to a two-year office;

         (2)  The four-year time period between the day after the general election through the day of the next general election, if a candidate is seeking nomination or election to a four-year office; or

         (3)  For a special election, the period between the day after the general election for that office through the day of the special election. See Hawaii Revised Statutes 11-302

  • Environment: means the complex of physical and biological conditions that influence human well-being, including land, air, water, minerals, flora, fauna, energy, noise, and places of historic or aesthetic significance. See Hawaii Revised Statutes 344-2
  • Environmental assessment: means a written evaluation to determine whether an action may have a significant effect. See Hawaii Revised Statutes 343-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Expenditure: means :

         (1)  Any purchase or transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, or payment incurred or made, or the use or consumption of a nonmonetary contribution for the purpose of:

              (A) Influencing the nomination for election, or the election, of any person seeking nomination for election or election to office, whether or not the person has filed the person's nomination papers;

              (B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or

              (C)  Use by any party for the purposes set out in subparagraph (A) or (B);

         (2)  Any payment, by any person other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee for any of the purposes mentioned in paragraph (1)(A); provided that payment under this paragraph shall include provision of services without charge; or

         (3)  The expenditure by a candidate of the candidate's own funds for the purposes set out in paragraph (1)(A). See Hawaii Revised Statutes 11-302

  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Finding of no significant impact: means a determination based on an environmental assessment that the subject action will not have a significant effect and, therefore, will not require the preparation of an environmental impact statement. See Hawaii Revised Statutes 343-2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Functional plan: means a plan setting forth the policies, statewide guidelines, and priorities within a specific field of activity, when such activity or program is proposed, administered, or funded by any agency of the State. See Hawaii Revised Statutes 226-2
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guidelines: means a stated course of action which is desirable and should be followed unless a determination is made that it is not the most desirable in a particular case; thus, a guideline may be deviated from without penalty or sanction. See Hawaii Revised Statutes 226-2
  • Halon: means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, including, without limitation, those compounds known as Halon-1301, Halon-1211, and Halon-2402. See Hawaii Revised Statutes 342C-1
  • Helicopter facility: means any area of land or water which is used, or intended for use for the landing or takeoff of helicopters; and any appurtenant areas which are used, or intended for use for helicopter related activities or rights-of-way. See Hawaii Revised Statutes 343-2
  • Individual: means a natural person. See Hawaii Revised Statutes 11-302
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10C-103
  • Insured: means :

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

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

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

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

  • Insured motor vehicle: means a motor vehicle:

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

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

  • Insurer: means every person holding a valid certificate of authority to engage in the business of making contracts of motor vehicle insurance in this State. See Hawaii Revised Statutes 431:10C-103
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internal Revenue Code: means subtitle A, chapter 1, of the federal Internal Revenue Code of 1986, as amended as of March 27, 2020, as it applies to the determination of gross income, adjusted gross income, ordinary income and loss, and taxable income, except those provisions of the Internal Revenue Code which, pursuant to this chapter, do not apply or are otherwise limited in application. See Hawaii Revised Statutes 235-2.3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Loan: means an advance of money, goods, or services, with a promise to repay in full or in part within a specified period of time. See Hawaii Revised Statutes 11-302
  • Long-term care services: means a broad range of supportive services needed by individuals with physical or mental impairments and have lost or never acquired the ability to function independently. See Hawaii Revised Statutes 346C-1
  • Maximum limit: means the total personal injury protection benefits payable for coverage under section 431:10C-103. See Hawaii Revised Statutes 431:10C-103
  • Medical fee schedule: refers to the Medicare Resource Based Relative Value Scale System applicable to Hawaii, entitled "Workers' Compensation Supplemental Medical Fee Schedule". See Hawaii Revised Statutes 431:10C-103
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124A-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
  • Monthly earnings: means :

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

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

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

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle, but not including motorcycles and motor scooters. See Hawaii Revised Statutes 431:10C-103
  • Motor vehicle accident: means an accident arising out of the operation, maintenance, or use of a motor vehicle, including an object drawn or propelled by a motor vehicle. See Hawaii Revised Statutes 431:10C-103
  • Motor vehicle insurance policy: means an insurance policy that meets the requirements of section 431:10C-301. See Hawaii Revised Statutes 431:10C-103
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nonbusiness income: means all income other than business income. See Hawaii Revised Statutes 235-21
  • Nonpoint source pollution: means water pollution that does not originate from a point source. See Hawaii Revised Statutes 342E-1
  • Nursing facility: means a nursing facility licensed under sections 321-9 and 321-11 and any intermediate care facility for individuals with intellectual disabilities licensed under sections 321-9 and 321-11. See Hawaii Revised Statutes 346E-1
  • Nursing facility income: means the total compensation received for furnishing nursing facility services, including all receipts from "ancillary services" (as defined in 42 Code of Federal Regulations 413. See Hawaii Revised Statutes 346E-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the office of environmental quality control. See Hawaii Revised Statutes 343-2
  • Office: means any Hawaii elective public or constitutional office, excluding county neighborhood board and federal elective offices. See Hawaii Revised Statutes 11-302
  • Office: means the office of planning. See Hawaii Revised Statutes 226-2
  • Office: means the office of environmental quality control established in section 341-3(a). See Hawaii Revised Statutes 341-2
  • Operator: means any person operating a nursing facility, whether as owner or proprietor, or as lessee, sublessee, mortgagee in possession, licensee, or otherwise, or engaging or continuing in any service business that involves the actual furnishing of nursing facility services. See Hawaii Revised Statutes 346E-1
  • Operator: means any individual who operates a public water system or a major segment of a public water system such as a water treatment plant or distribution system. See Hawaii Revised Statutes 340F-1
  • Owner: means a person who holds the legal title to a motor vehicle; except that in the case of a motor vehicle which is the subject of a security agreement or lease with a term of not less than one year with the debtor or lessee having the right to possession, such term means the debtor or lessee. See Hawaii Revised Statutes 431:10C-103
  • Ozone-depleting compound: means any chlorofluorocarbon or halon, including those compounds known as methyl chloroform and carbon tetrachloride, or any other compound designated by the United States Environmental Protection Agency as being an ozone-depleting compound pursuant to Title 40, Part 82, Code of Federal Regulations, or any other compound designated by the department as being an ozone-depleting compound. See Hawaii Revised Statutes 342C-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means any political party that satisfies the requirements of section 11-61. See Hawaii Revised Statutes 11-302
  • Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10C-103
  • Person: means an individual, a partnership, a candidate committee or noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees. See Hawaii Revised Statutes 11-302
  • Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other private, county, state, or federal legal entity. See Hawaii Revised Statutes 340F-1
  • Person: includes any individual, firm, association, partnership, or corporation, whether domestic or foreign, whether acting as a principal, agent, employee, or otherwise, and includes any governmental entity or charitable organization. See Hawaii Revised Statutes 342C-1
  • Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or a county, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342E-1
  • Person: includes any individual, partnership, firm, association, trust, estate, private corporation, or other legal entity other than an agency. See Hawaii Revised Statutes 343-2
  • Personal property: All property that is not real property.
  • Personal vehicle: means a vehicle that is:

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

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

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

  • plan: means any arrangement by which a person as defined in section 431:1-212, or entity, not otherwise authorized to engage in the practice of law, offers to provide or arranges for the provision of legal services in exchange for any valuable consideration that is paid to the plan. See Hawaii Revised Statutes 488-1
  • Plan administrator: means those persons who have discretionary authority for the management of the plan or for the collection, management, or disbursement of plan moneys. See Hawaii Revised Statutes 488-1
  • Pollution: means water pollution. See Hawaii Revised Statutes 342E-1
  • Portable: means capable of being carried in hand by one individual. See Hawaii Revised Statutes 342C-1
  • Power-generating facility: means :

         (1)  A new, fossil-fueled, electricity-generating facility, where the electrical output rating of the new equipment exceeds 5. See Hawaii Revised Statutes 343-2

  • Prearranged ride: means the provision of transportation by a transportation network company driver to a passenger, beginning when a transportation network company driver accepts a passenger's request for a ride through a digital network or software application service controlled by a transportation network company, continuing while the transportation network company driver transports the requesting passenger, and ending when the requesting passenger, or the last passenger from the requesting passenger's party, departs from the personal vehicle. See Hawaii Revised Statutes 431:10C-701
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Priority guidelines: means those guidelines which shall take precedence when addressing areas of statewide concern. See Hawaii Revised Statutes 226-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Program: means the long-term care financing program set forth in this chapter. See Hawaii Revised Statutes 346C-1
  • Program: means the nonpoint source pollution management and control program established within the department pursuant to this chapter. See Hawaii Revised Statutes 342E-1
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public utility: has the meaning given that term in section 269-1. See Hawaii Revised Statutes 235-21
  • 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
  • Qualifying contribution: means an aggregate monetary contribution of $100 or less by an individual Hawaii resident during a matching payment period that is received after a candidate files a statement of intent to seek public funds. See Hawaii Revised Statutes 11-302
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Regulation: means any rule and regulation promulgated by the commissioner pursuant to chapter 91. See Hawaii Revised Statutes 431:10C-103
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Replacement vehicle: means a specific, comparable, and available vehicle in as good or better overall condition than the total loss vehicle. See Hawaii Revised Statutes 431:10C-103
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sales: means all gross receipts of the taxpayer not allocated under sections 235-24 to 235-28. See Hawaii Revised Statutes 235-21
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Significant effect: means the sum of effects on the quality of the environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, are contrary to the State's environmental policies or long-term environmental goals as established by law, or adversely affect the economic welfare, social welfare, or cultural practices of the community and State. See Hawaii Revised Statutes 343-2
  • State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. See Hawaii Revised Statutes 235-21
  • State agency: means any department, office, board, or commission of the State, or the University of Hawaii. See Hawaii Revised Statutes 226-2
  • State programs: means a combination of actions and activities undertaken by any state agency that are designed, coordinated, and executed to achieve an objective or set of objectives and policies within defined areas of concern. See Hawaii Revised Statutes 226-2
  • State waters: means all waters, fresh, brackish, or salt, around and within the State including, but not limited to, coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, groundwaters, and lakes; provided that drainage ditches, canals, ponds, wetlands, and reservoirs required as a part of a water pollution control system or an irrigation system are excluded. See Hawaii Revised Statutes 342E-1
  • statement: means an informational document prepared in compliance with the rules adopted under section 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural practices of the community and State, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects. See Hawaii Revised Statutes 343-2
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Sustainability: means achieving the following:

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

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

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

  • Testify: Answer questions in court.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transportation network company: means an entity that uses a digital network or software application service to connect passengers to transportation network company drivers; provided that the entity:

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

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

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

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

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

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

  • Treasurer: means a person appointed under section 11-324 and unless expressly indicated otherwise, includes deputy treasurers. See Hawaii Revised Statutes 11-302
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • U-drive motor vehicle: means a motor vehicle which is rented or leased or offered for rent or lease to a customer from an operator of a U-drive rental business. See Hawaii Revised Statutes 431:10C-103
  • U-drive rental business: means the business of renting or leasing to a customer a motor vehicle for a period of six months or less notwithstanding the terms of the rental or lease if in fact the motor vehicle is rented or leased for a period of six months or less. See Hawaii Revised Statutes 431:10C-103
  • Uninsured motor vehicle: means any of the following:

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

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

  • University: means the University of Hawaii. See Hawaii Revised Statutes 341-2
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Verdict: The decision of a petit jury or a judge.
  • Wastewater treatment unit: means any plant or facility used in the treatment of wastewater. See Hawaii Revised Statutes 343-2
  • Without regard to fault: means irrespective of fault as a cause of accidental harm, and without application of the principle of liability based on negligence. See Hawaii Revised Statutes 431:10C-103