489D-1 Short title
489D-2 Purpose
489D-3 License required
489D-4 Definitions
489D-5 Exclusions
489D-6 License qualifications
489D-6.2 Registration with NMLS
489D-7 Bond or other security device
489D-8 Permissible investments and statutory trust
489D-9 License and registration; application
489D-9.5 Limited exemption for financial institutions; financial institutions as authorized delegates
489D-10 Application and license fees
489D-11 Issuance of license; grounds for denial
489D-12 Renewal of license and annual report
489D-12.5 Penalties and other charges
489D-13 Licensee liability
489D-14 Extraordinary reporting requirements
489D-14.5 Name change
489D-15 Changes in control of a licensee
489D-16 Money laundering reports
489D-17 Examinations
489D-18 Maintenance of records
489D-19 Confidentiality of records
489D-20 Money transmitter receipts and refunds
489D-21 Authorized delegate contracts
489D-22 Authorized delegate; conduct
489D-22.5 Voluntary surrender of license
489D-23 Prohibited practices
489D-24 Suspension or revocation of licenses
489D-25 Suspension or revocation of authorized delegates
489D-26 Orders to cease and desist
489D-27 Consent orders
489D-28 Civil penalties
489D-29 Criminal penalties
489D-30 Unlicensed persons
489D-31 Administrative procedures
489D-32 Hearings
489D-33 Division functions
489D-34 Powers of the commissioner

Terms Used In Hawaii Revised Statutes > Chapter 489D

  • Able-bodied inmate: means any person in the custody of the department of public safety who, as determined by the department, is physically and mentally able to participate in a work program or other training program authorized by this chapter. See Hawaii Revised Statutes 354D-2
  • Account: means any of the three accounts created under section 431:16-206(a). See Hawaii Revised Statutes 431:16-205
  • Actual earnings from employment: means the total compensation, including reported amount of tips for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation, but shall not include the reasonable cost to an employer of furnishing an employee with fringe benefits or board, lodging, or other facilities and non-cash gratuities of any kind. See Hawaii Revised Statutes 373-1
  • Administrator: means the official or officials administering the Federal Highway Act. See Hawaii Revised Statutes 264-21
  • Administrator: means the administrator of the correctional industries program. See Hawaii Revised Statutes 354D-2
  • Administrator: means the captive insurance administrator established in section 431:19-101. See Hawaii Revised Statutes 431:19-101
  • Adoption assistance: means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to this chapter. See Hawaii Revised Statutes 350C-2
  • Advanced grid modernization technology: means equipment, facilities, and associated processes that individually or collectively function to improve the reliability, resiliency, flexibility, and efficiency of the Hawaii electric system. See Hawaii Revised Statutes 269-141
  • 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 the component of the Hawaii children's trust fund coalition that serves in an advisory capacity to the trust fund and the department of health. See Hawaii Revised Statutes 350B-1
  • Advisory committee: means the correctional industries advisory committee established in section 354D-5. See Hawaii Revised Statutes 354D-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.
  • Affiliate: means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer. See Hawaii Revised Statutes 431:16-105
  • Affiliated entity: means any company, person, or other entity in the same corporate system as a parent or a member organization by virtue of common ownership, control, operation, or management. See Hawaii Revised Statutes 431:19-101
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agricultural activities: means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment. See Hawaii Revised Statutes 269-1
  • Alcohol: means the product of distillation of any fermented liquid, whether rectified or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but not denatured or other alcohol which is considered nonpotable under the customs laws of the United States. See Hawaii Revised Statutes 281-1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Ancillary agreement: means any bond insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other related bond document or other similar agreement or arrangement entered into in connection with the issuance of bonds that is designed to promote the credit quality and marketability of the bonds or to mitigate the risk of an increase in interest rates. See Hawaii Revised Statutes 269-161
  • Ancillary services: means those essential grid support services provided by a facility, or other equipment to support and ensure the reliable generation, transmission, and distribution of electricity, including frequency response and regulation, inertial response, reactive power and voltage control, and operating reserves. See Hawaii Revised Statutes 269-141
  • 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.
  • Applicant: means any person who uses the services of an employment agency to secure employment for that person. See Hawaii Revised Statutes 373-1
  • Applicant: means :

         (1)  In the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and

         (2)  In the case of a group long-term care insurance policy, the proposed certificate holder. See Hawaii Revised Statutes 431:10H-104

  • Apprentice: means a worker at least sixteen years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation in accordance with the standards of apprenticeship established by this chapter. See Hawaii Revised Statutes 372-2
  • Apprenticeship agreement: is a written agreement between an apprentice and either the apprentice's program sponsors or an apprenticeship committee acting as agent for the program sponsors. See Hawaii Revised Statutes 372-2
  • Apprenticeship committee: means a group of persons designated by the sponsors to administer an apprenticeship program. See Hawaii Revised Statutes 372-2
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means an ongoing process through which a substance abuse professional collaborates with a client and other persons to gather and interpret information necessary for planning treatment and evaluating the client's progress. See Hawaii Revised Statutes 353G-2
  • Assessment program: refers to a not-for-profit corporation, government agency, or other entity accredited by the department of health to provide substance abuse services, or to a substance abuse professional certified pursuant to section 321-193. See Hawaii Revised Statutes 353G-2
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means two or more members who are engaged in business or activities similar or related to the liability to which these members are exposed by virtue of any related, similar, or common business trade, product, services, premises, or operations; provided that the members of the association shall be individuals, corporations, limited liability companies, partnerships, associations, or other entities, except labor organizations, the member organizations of which or which does itself, whether or not in conjunction with some or all of the member organizations:

         (1)  Own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer;

         (2)  Have complete voting control over an association captive insurance company incorporated as a mutual insurer;

         (3)  Constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer; or

         (4)  Have complete voting control over an association captive insurance company formed as a limited liability company. See Hawaii Revised Statutes 431:19-101

  • Association: means the Hawaii insurance guaranty association created under section 431:16-106. See Hawaii Revised Statutes 431:16-105
  • Association: means the Hawaii life and disability insurance guaranty association created under section 431:16-206. See Hawaii Revised Statutes 431:16-205
  • Association captive insurance company: means a captive insurance company that insures risks of the member organizations of the association, and that may insure the risks of affiliated entities of the member organizations and the risks of the association itself. See Hawaii Revised Statutes 431:19-101
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney general: means the state attorney general or deputy attorneys general. See Hawaii Revised Statutes 245-1
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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.
  • Authority: means the Hawaii green infrastructure authority established under section 196-63. See Hawaii Revised Statutes 269-161
  • authorized: when used in the context of assessments means a resolution by the board of directors that has been passed whereby an assessment will be called immediately or in the future from member insurers for a specified amount. See Hawaii Revised Statutes 431:16-205
  • 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.
  • Basic exchange service: means those services consisting of single-line dial tone, touch-tone dialing, access to operator service, access to enhanced 911, telecommunications relay service, telephone directory, and access to directory-assistance service via 411 dialing. See Hawaii Revised Statutes 269-1
  • Beer: means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley or other grain, malt, and hops in water. See Hawaii Revised Statutes 281-1
  • 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
  • blind: as used in this chapter , whether used as an adjective or noun, means blind or visually handicapped. See Hawaii Revised Statutes 347-2
  • board: means a board established by county charter, within a county, that shall have the jurisdiction to hear and determine complaints or violations of liquor laws and to impose penalties as may be provided in this chapter. See Hawaii Revised Statutes 281-1
  • Board: means the disability and communication access board. See Hawaii Revised Statutes 348F-1
  • Board: means the Hawaii children's trust fund advisory board. See Hawaii Revised Statutes 350B-1
  • Bondholder: means any holder or owner of a bond. See Hawaii Revised Statutes 269-161
  • Branch captive insurance company: means an outside captive insurance company licensed under this article by the commissioner to transact the business of insurance in this State through a business unit that has its principal place of business in this State. See Hawaii Revised Statutes 431:19-101
  • called: when used in the context of assessments means a notice that has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. See Hawaii Revised Statutes 431:16-205
  • Capital costs: means part or all of the cost for capital improvements. See Hawaii Revised Statutes 264-121
  • captive insurer: means a class 1 company, class 2 company, class 3 company, class 4 company, or class 5 company formed or authorized under this article. See Hawaii Revised Statutes 431:19-101
  • Carrier: means a person who engages in transportation, and does not include a person such as freight forwarder or tour packager who provides transportation by contracting with others, except to the extent that such person oneself engages in transportation. See Hawaii Revised Statutes 239-2
  • Carrier of last resort: means a telecommunications carrier designated by the commission to provide universal service in a given local exchange service area determined to be lacking in effective competition. See Hawaii Revised Statutes 269-1
  • causes to be shipped: means to send by any means of transportation, including by vessel, vehicle, or aircraft. See Hawaii Revised Statutes 245-1
  • Center: means an offender family service center. See Hawaii Revised Statutes 353D-2
  • Certificate: means , for the purposes of this article, any certificate issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in this State. See Hawaii Revised Statutes 431:10H-104
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Child: means a person less than eighteen years of age, or a person less than twenty-one years of age who has mental or physical handicaps that warrant the continuation of assistance beyond the age of eighteen. See Hawaii Revised Statutes 350C-2
  • Cigarette: means any roll for smoking made wholly or in part of tobacco, irrespective of size and shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco. See Hawaii Revised Statutes 245-1
  • Claimant: means any insured making a first party claim or any person instituting a liability claim; provided that no person who is an affiliate of the insolvent insurer may be a claimant. See Hawaii Revised Statutes 431:16-105
  • Clean energy technology: means any technology as defined in section 269-121(b). See Hawaii Revised Statutes 269-161
  • Club: means any organization for objects of a social, patriotic, political, or athletic nature, or the like, but not for pecuniary gain, having a regular membership to all of whom is charged monthly or quarterly dues, employing a full-time steward, and from which organization no person is entitled to or takes, directly or indirectly, any share of the profits thereof. See Hawaii Revised Statutes 281-1
  • Coalition: means the Hawaii children's trust fund coalition. See Hawaii Revised Statutes 350B-1
  • Commission: means the public utilities commission. See Hawaii Revised Statutes 269-141
  • Commission: means the liquor commission for the county within which such commission has jurisdiction under this chapter. See Hawaii Revised Statutes 281-1
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Condominium hotel: means an establishment consisting of one or more buildings that includes:

         (1)  Guest rooms that are units, as defined in section 514B-3, which are used to provide transient lodging for periods of less than thirty days under a written contract with the owner of the apartment or unit in the condominium hotel operation; and

         (2)  Guest rooms that are units, owned or managed by the condominium hotel operator providing transient lodging for periods of less than thirty days, which are offered for adequate pay to transient guests. See Hawaii Revised Statutes 281-1

  • Condominium hotel operator: means any person who operates a condominium hotel, including but not limited to, a condominium hotel operator registered under section 467-30. See Hawaii Revised Statutes 281-1
  • Consumer: means a person who acquires or possesses a cigarette or a tobacco product for personal consumption and not for resale or distribution. See Hawaii Revised Statutes 245-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract carrier: means a person other than a public utility or taxicab which, under contracts or agreements, engages in the transportation of persons or property for compensation, by land, water, or air. See Hawaii Revised Statutes 239-2
  • contract owner: means the person who is identified as the legal owner under the terms of the policy or contract or who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the insurer. See Hawaii Revised Statutes 431:16-205
  • Contractual obligation: means any obligation under a policy or contract or certificate under a group policy or contract, or portion thereof for which coverage is provided under section 431:16-203. See Hawaii Revised Statutes 431:16-205
  • Control: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Hawaii Revised Statutes 431:16-105
  • Controlled unaffiliated business: means , in the case of a pure captive insurance company, any person:

         (1)  That is not in the corporate system of a parent and its affiliated entities;

         (2)  That has an existing contractual relationship with a parent or one of its affiliated entities; and

         (3)  Whose risks are managed by the pure captive insurance company. See Hawaii Revised Statutes 431:19-101

  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • County: means the county in respect of which each commission has jurisdiction under this chapter; provided that in the county of Kalawao liquor may be sold only by such persons and only under such conditions as may be permitted or prescribed from time to time by the department of health. See Hawaii Revised Statutes 281-1
  • Covered policy: means any policy or contract or portion of a policy or contract for which coverage is provided under section 431:16-203. See Hawaii Revised Statutes 431:16-205
  • Creditor: means a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or contingent. See Hawaii Revised Statutes 431:15-103
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person coming into the possession of cigarettes or tobacco products which have not been acquired from an authorized permit holder or licensee under this chapter, or any person rendering a distribution service who buys and maintains, at the person's place of business, a stock of cigarettes or tobacco products that have not been acquired from a licensee and who distributes or uses such cigarettes or tobacco products. See Hawaii Revised Statutes 245-1
  • 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.
  • Delinquency proceeding: means any proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer, and any summary proceeding under section 431:15-201 or 431:15-202. See Hawaii Revised Statutes 431:15-103
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 372-2
  • Department: means the department of transportation. See Hawaii Revised Statutes 264-121
  • Department: means the department of business, economic development, and tourism, or any successor by law. See Hawaii Revised Statutes 269-161
  • Department: means the department of taxation. See Hawaii Revised Statutes 245-1
  • Department: means the department of human services and its authorized representatives. See Hawaii Revised Statutes 350C-2
  • Department: means the department of public safety. See Hawaii Revised Statutes 353C-1
  • Department: means that department of the State that has jurisdiction over the administration of the correctional facilities. See Hawaii Revised Statutes 353D-2
  • Department: means the department of public safety. See Hawaii Revised Statutes 354D-2
  • Dependent: A person dependent for support upon another.
  • Designated local exchange service area: means an area as determined by the commission to be best served by designating a carrier of last resort pursuant to section 269-43. See Hawaii Revised Statutes 269-1
  • Developed losses: means losses (including loss adjustment expenses) adjusted, using standard actuarial techniques, to eliminate the effect of differences between current payment or reserve estimates and those needed to provide actual ultimate loss (including loss adjustment expense) payments. See Hawaii Revised Statutes 431:14-101.5
  • Development: means any artificial change to real property that requires a county grading or building permit including but not limited to construction, expansion, enlargement, alteration, or erection of buildings or structures. See Hawaii Revised Statutes 264-121
  • Devise: To gift property by will.
  • Dial tone: means the ability to make or receive telephone calls with or without operator intervention. See Hawaii Revised Statutes 269-1
  • Director: means the director of public safety. See Hawaii Revised Statutes 354D-2
  • Director: means the director of the office of veterans' services. See Hawaii Revised Statutes 363-1
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 372-2
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 373-1
  • Director: means the director of transportation. See Hawaii Revised Statutes 264-121
  • Director: means the director of public safety. See Hawaii Revised Statutes 353C-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • distribution: means to sell, ship, transfer, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same. See Hawaii Revised Statutes 245-1
  • Docket: A log containing brief entries of court proceedings.
  • Doing business: means transacting the business of insurance as defined in section 431:1-215, or operating, whether by mail or otherwise, as an insurer under a license or certificate of authority issued by the insurance division. See Hawaii Revised Statutes 431:15-103
  • Domiciliary state: means the state in which an insurer is incorporated or organized, or, in the case of an alien insurer, its state of entry. See Hawaii Revised Statutes 431:15-103
  • Donor: The person who makes a gift.
  • Drug or alcohol dependent: means in a state of physical or psychological dependence, or both, arising from the use of a controlled substance or alcohol on a continuous basis that is characterized by behavioral and other responses, including but not limited to a strong compulsion to take the controlled substance or alcohol on a recurring basis, regardless of consequence, in order to experience its psychotropic effects or to avoid the discomfort of its absence. See Hawaii Revised Statutes 353G-2
  • drug test: means a test conducted in a medically safe and appropriate manner to determine the presence or absence of alcohol or controlled substance metabolites, or to determine the recent or historical use of alcohol or a controlled substance by the subject of the test. See Hawaii Revised Statutes 353G-2
  • Elected executive head: means the mayor of each county or the mayor's duly appointed or elected successor. See Hawaii Revised Statutes 281-1
  • Electric element: means any plant, line, cable, facility, control system, equipment, or other technology used for the generation, transmission, distribution, storage, regulation, or physical control of electricity. See Hawaii Revised Statutes 269-141
  • Electric utilities: means all electric utilities subject to billing, collecting, and remitting the public benefits fee, or the green infrastructure fee, at the time the financing order becomes final, and any other electric utility designated in the financing order. See Hawaii Revised Statutes 269-161
  • Eligible customer-generator: means a metered residential or commercial customer, including a government entity, of an electric utility who owns and operates a solar, wind turbine, biomass, or hydroelectric energy generating facility, or a hybrid system consisting of two or more of these facilities, that is:

         (1)  Located on the customer's premises;

         (2)  Operated in parallel with the utility's transmission and distribution facilities;

         (3)  In conformance with the utility's interconnection requirements; and

         (4)  Intended primarily to offset part or all of the customer's own electrical requirements. See Hawaii Revised Statutes 269-101

  • 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
  • Employer: means any individual, partnership, corporation, or association, employing or seeking to employ any person for hire. See Hawaii Revised Statutes 373-1
  • Employment agency: means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received, but shall not include the United States or the State or instrumentalities thereof. See Hawaii Revised Statutes 373-1
  • 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.
  • Entity: means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity. See Hawaii Revised Statutes 245-1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • establishment: means a single physical location where the selling of liquor takes place. See Hawaii Revised Statutes 281-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Exceptional increase: means only those increases filed by an insurer that are extraordinary and for which the commissioner determines the need for the premium rate increase is justified:

         (1)  Due to:

              (A)  Changes in laws or rules applicable to long-term care coverage in this State; or

              (B)  Increased and unexpected utilization that affects the majority of insurers of similar products;

         (2)  Except as provided in section 431:10H-232, exceptional increases are subject to the same requirements as other premium rate schedule increases;

         (3)  The commissioner may request a review by an independent actuary or a professional actuarial body of the basis for a request that an increase be considered an exceptional increase; and

         (4)  The commissioner, in determining that the necessary basis for an exceptional increase exists, shall also determine any potential offsets to higher claims costs. See Hawaii Revised Statutes 431:10H-104

  • Executive director: means the executive director of the office of youth services. See Hawaii Revised Statutes 352D-3
  • Expenses: means that portion of a rate attributable to acquisition, field supervision, collection expenses, general expenses, taxes, licenses, and fees; provided that no tax credit received by any insurer under section 431:7-207 shall reduce the expenses of the insurer for purposes of determining the insurer's rate under this article for the first year of any insurer's rate which is approved pursuant to this article and for which the insurer submits before July 1, 1993, a filing pursuant to the applicable sections of this code to modify the rate in existence on June 30, 1992. See Hawaii Revised Statutes 431:14-101.5
  • Extra-contractual claims: shall include , but not be limited to, claims relating to bad faith in the payment of claims, punitive or exemplary damages, or attorneys' fees and costs. See Hawaii Revised Statutes 431:16-205
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair consideration: means consideration given for property or obligation:

         (1)  When in exchange for such property or obligation, as a fair equivalent therefor, and in good faith, property is conveyed or services are rendered or an obligation is incurred or an antecedent debt is satisfied; or

         (2)  When such property or obligation is received in good faith to secure a present advance or antecedent debt in an amount not disproportionately small as compared to the value of the property or obligation obtained. See Hawaii Revised Statutes 431:15-103

  • 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.
  • Federal Highway Act: means Title 23 of the United States Code, and all acts of the Congress of the United States amendatory or supplementary thereto, including future enactments not requiring substantial changes of the powers and duties provided for by this part. See Hawaii Revised Statutes 264-21
  • 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
  • Federal-aid funds: means funds appropriated by the Congress of the United States under or for the purposes of the Federal Highway Act, in which the State is entitled to share. See Hawaii Revised Statutes 264-21
  • Federal-aid project: means any project for the construction or reconstruction of any highway or portion thereof upon which federal-aid funds are to be, are being, or have been, expended, in connection with local appropriations as in this section defined. See Hawaii Revised Statutes 264-21
  • federally tax-qualified long-term care insurance contract: means an individual or group insurance contract that meets the requirements of section 7702B(b) of the Internal Revenue Code of 1986, as amended, as follows:

         (1)  The only insurance protection provided under the contract is coverage of qualified long-term care services. See Hawaii Revised Statutes 431:10H-104

  • 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.
  • Financing costs: means any of the following:

         (1)  Principal and interest payable on bonds;

         (2)  Any payment required under an ancillary agreement;

         (3)  Any amount required to fund or replenish a reserve account or another account established under any indenture, ancillary agreement, or other financing document relating to the issuance of bonds;

         (4)  Any redemption or call premium or cost of redeeming or refunding any existing debt of the department in connection with either the issuance of, or the use of proceeds from, bonds;

         (5)  Any costs incurred by the department to modify or amend any indenture, financing agreement, security agreement, or similar agreement or instrument securing any bond or any ancillary agreement;

         (6)  Any costs incurred by the department to obtain any consent, release, waiver, or approval from any bondholder or of any party to an ancillary agreement that are necessary to be incurred for the department to issue bonds;

         (7)  Any costs related to issuing or servicing bonds or related to obtaining a financing order, including servicing fees and expenses, trustee fees and expenses, legal, accounting, or other professional fees and expenses, administrative fees, placement fees, underwriting fees and discounts, capitalized interest and equity, and rating-agency fees; or loan program administration costs as authorized for recovery under a financing order or orders; or

         (8)  Any other similar costs incident to the issuance, administration, or servicing of the bonds that the department finds appropriate. See Hawaii Revised Statutes 269-161

  • Financing order: means an order issued at the request of the department by the public utilities commission under this part that has become final as provided by law, and that authorizes the issuance of bonds and the imposition, adjustment from time to time, and collection of green infrastructure fees. See Hawaii Revised Statutes 269-161
  • Financing party: means :

         (1)  Any trustee, collateral agent, or other person acting for the benefit of a bondholder; or

         (2)  Any party to an ancillary agreement, the rights and obligations of which relate to or depend upon the existence of green infrastructure property and green infrastructure fees, the enforcement and priority of a security interest in green infrastructure property, the timely collection and payment of green infrastructure fees, or a combination of these factors. See Hawaii Revised Statutes 269-161

  • 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.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • 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
  • Foreign country: means any other jurisdiction not in any state. See Hawaii Revised Statutes 431:15-103
  • 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.
  • fund: means the Hawaii children's trust fund. See Hawaii Revised Statutes 350B-1
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General assets: means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons or classes of persons. See Hawaii Revised Statutes 431:15-103
  • 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.
  • Governing body: means the board of directors, subscriber's advisory committee, membership, or other entity responsible for the governance of a captive insurance company. See Hawaii Revised Statutes 431:19-101
  • 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.
  • green infrastructure bond: means any bond, note or other evidence of indebtedness that is issued by the State, acting through the department, under a financing order, the proceeds of which are used directly or indirectly to recover, finance, or refinance financing costs of clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure, programs, and services, and that are secured by or payable from green infrastructure property. See Hawaii Revised Statutes 269-161
  • Green infrastructure bond fund: means the special fund created pursuant to section 196-67. See Hawaii Revised Statutes 269-161
  • Green infrastructure charge: means the on-bill charges as defined in section 196-61. See Hawaii Revised Statutes 269-161
  • Green infrastructure fee: means the nonbypassable fees and charges authorized by section 269-166 and in a financing order authorized under this part to be imposed on and collected from all existing and future customers of electric utilities or any successor. See Hawaii Revised Statutes 269-161
  • Green infrastructure loan program order: means an order issued by the public utilities commission under section 269-171 that establishes the use or other disposition of amounts deposited and held in the Hawaii green infrastructure special fund pursuant to section 196-65. See Hawaii Revised Statutes 269-161
  • Green infrastructure property: means the property, rights, and interests created by the public utilities commission under a financing order, including the right to impose, charge, and collect from electric utility customers the green infrastructure fee that shall be used to pay and secure the payment of bonds and financing costs, including the right to obtain adjustments to the green infrastructure fee, and any revenues, receipts, collections, rights to payment, payments, moneys, claims, or other proceeds arising from the rights and interests created by the public utilities commission under any financing order. See Hawaii Revised Statutes 269-161
  • Green infrastructure special fund: means the special fund created pursuant to section 196-65. See Hawaii Revised Statutes 269-161
  • gross income: includes charges billed for mobile telecommunications services provided by a home service provider to a customer with a place of primary use in this State when the mobile telecommunications services originate and terminate within the same state; provided that all such charges for mobile telecommunications services that are billed by or for the home service provider are deemed to be provided by the home service provider at the customer's place of primary use, regardless of where the mobile telecommunications services originate, terminate, or pass through. See Hawaii Revised Statutes 239-2
  • Group long-term care insurance: means a long-term care insurance policy which is delivered or issued for delivery in this State and issued to:

         (1)  One or more employers or labor organizations, or a trust or to the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees or a combination thereof or for members or former members or a combination thereof, of the labor organizations; or

         (2)  Any professional, trade, or occupational association for its members or former or retired members, or combination thereof, if the association:

              (A)  Is composed of individuals all of whom are or were actively engaged in the same profession, trade, or occupation; and

              (B)  Has been maintained in good faith for purposes other than obtaining insurance; or

         (3)  An association or a trust or the trustees of a fund established, created, or maintained for the benefit of members of one or more associations. See Hawaii Revised Statutes 431:10H-104

  • Guaranty association: means the Hawaii insurance guaranty association created by part I of article 16, the Hawaii life and disability insurance association created by part II of article 16, and any other similar entity now or hereafter created by the legislature of this State for the payment of claims of insolvent insurers. See Hawaii Revised Statutes 431:15-103
  • 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.
  • Hawaii electric system: means all electric elements located within the State together with all interconnections located within the State that collectively provide for the generation, transmission, distribution, storage, regulation, or physical control of electricity over a geographic area; provided that this term shall not include any electric element operating without any interconnection to any other electric element located within the State. See Hawaii Revised Statutes 269-141
  • Health care expenditures: means claims incurred. See Hawaii Revised Statutes 432:1-406
  • Hotel: means an establishment consisting of one or more buildings which contain such total number of rooms as may be prescribed by the commission and in which rooms sleeping accommodations are provided and offered for adequate pay to transient or permanent guests. See Hawaii Revised Statutes 281-1
  • Impaired insurer: means a member insurer that after July 1, 1988, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Hawaii Revised Statutes 431:16-205
  • 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
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: means :

         (1)  For an insurer issuing only assessable fire insurance policies:

              (A)  The inability to pay any obligation within thirty days after it becomes payable; or

              (B)  If an assessment be made within thirty days after such date, the inability to pay such obligation thirty days following the date specified in the first assessment notice issued after the date of loss pursuant to this code;

         (2)  For any other insurer, that it is unable to pay its obligations when they are due, or when its admitted assets do not exceed its liabilities plus the greater of:

              (A)  Any capital and surplus required by law for its organization; or

              (B)  The total par or stated value of its authorized and issued capital stock; and

         (3)   As to any insurer licensed to do business in this State as of July 1, 1988, who does not meet the standard established under subparagraph (B), the term insolvency or insolvent shall mean, for a period not to exceed three years from July 1, 1988, that it is unable to pay its obligations when they are due or that its admitted assets do not exceed its liabilities plus any required capital contribution ordered by the commissioner under provisions of this code. See Hawaii Revised Statutes 431:15-103

  • Insolvent insurer: means an insurer licensed to transact insurance in this State, either at the time the policy was issued or when the insured event occurred, and against whom a final order of liquidation has been entered after May 16, 2000 with a finding of insolvency by a court of competent jurisdiction in the insurer's state of domicile. See Hawaii Revised Statutes 431:16-105
  • Insolvent insurer: means a member insurer that after July 1, 1988, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Hawaii Revised Statutes 431:16-205
  • Insured: means any named insured, any additional insured, any vendor, any lessor, or any other party identified as an insured under the policy. See Hawaii Revised Statutes 431:16-105
  • Insurer: means any person who has done, purports to do, is doing or is licensed to do an insurance business, and is or has been subject to the authority of, or to liquidation, rehabilitation, reorganization, supervision, or conservation by any insurance commissioner. See Hawaii Revised Statutes 431:15-103
  • Interconnection: means the physical contact point connecting an electric element to another electric element or group of electric elements that allows for the flow and transfer of electricity between electric elements. See Hawaii Revised Statutes 269-141
  • Interconnection requirement: means a standard or rule, adopted by the commission under this part, concerning the performance levels, processes, practices, equipment, or facilities of any entity either having or seeking to obtain an  interconnection to the Hawaii electric system under procedures established pursuant to section 269-145 to ensure the reliable operation of the Hawaii electric system. See Hawaii Revised Statutes 269-141
  • 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
  • intoxicating liquor: includes alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter, and wine; and also includes, in addition to the foregoing, any spirituous, vinous, malt or fermented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, in whatever form and of whatever constituency and by whatever name called, containing one-half of one per cent or more of alcohol by volume, which are fit for use or may be used or readily converted for use for beverage purposes. See Hawaii Revised Statutes 281-1
  • Investigator: means any investigator of the commission in each case for the county wherein the commission has jurisdiction. See Hawaii Revised Statutes 281-1
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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.
  • Large cigar: means any roll for smoking made wholly or in part of tobacco if such product is wrapped in any substance containing tobacco and weighs more than four pounds per thousand. See Hawaii Revised Statutes 245-1
  • 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.
  • 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.
  • Liabilities: include but are not limited to reserves required by statute, insurance division rules, or specific requirements imposed by the commissioner upon a subject company at the time of admission or subsequent thereto. See Hawaii Revised Statutes 431:15-103
  • License: means a license granted under this chapter, that authorizes the holder to engage in the business of a wholesaler or dealer of cigarettes or tobacco products in the State. See Hawaii Revised Statutes 245-1
  • License: means any license granted under this chapter. See Hawaii Revised Statutes 281-1
  • licensed premises: means the building and property that houses the establishment for which a license has been or is proposed to be issued; provided that in the case of class 12 hotel license, "premises" includes the hotel premises; provided further that in the case of a class 15 condominium hotel license, "premises" includes units, as defined in section 514B-3, that are used to provide transient lodging for periods of less than thirty days under a written contract with the owner or owners of each unit in, and common elements for access purposes as established by the declaration of condominium property regime of, the condominium hotel; and provided further that if an establishment is in a retail shopping complex the businesses of which have formed a merchants association, "premises" means the establishment. See Hawaii Revised Statutes 281-1
  • Licensee: means the holder of a license as a wholesaler or dealer granted under this chapter. See Hawaii Revised Statutes 245-1
  • Licensee: includes also all agents, servants, and employees of the holder of a license. See Hawaii Revised Statutes 281-1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Little cigar: means any roll for smoking made wholly or in part of tobacco if such product is wrapped in any substance containing tobacco, other than natural leaf tobacco, and weighs not more than four pounds per thousand rolls. See Hawaii Revised Statutes 245-1
  • Local funds: means funds appropriated by the State or any county for the construction of any federal-aid project. See Hawaii Revised Statutes 264-21
  • Long-term care insurance: means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for not less than twelve consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. See Hawaii Revised Statutes 431:10H-104
  • Member: means an individual who is covered by a mutual benefit society. See Hawaii Revised Statutes 432:1-406
  • Member insurer: means any person who:

         (1)  Writes any kind of insurance to which this part applies under section 431:16-103, including the exchange of reciprocal or inter-insurance contracts; and

         (2)  Is licensed to transact insurance in this State. See Hawaii Revised Statutes 431:16-105

  • Member insurer: means any insurer licensed or who holds a certificate of authority to transact in this State any kind of insurance for which coverage is provided under section 431:16‑203, and includes any insurer whose license or certificate of authority in this State may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include:

         (1)  A nonprofit hospital or medical service organization;

         (2)  A health maintenance organization;

         (3)  A fraternal benefit society;

         (4)  A mandatory state pooling plan;

         (5)  A mutual assessment company or any entity that operates on an assessment basis;

         (6)  An insurance exchange;

         (7)  An organization that has a certificate or license limited to the issuance of charitable gift annuities; or

         (8)  Any entity similar to any of the above. See Hawaii Revised Statutes 431:16-205

  • Member organization: means any individual, corporation, limited liability company, partnership, association, or other entity that belongs to an association. See Hawaii Revised Statutes 431:19-101
  • Members: means the members of the disability and communication access board. See Hawaii Revised Statutes 348F-1
  • Minor: means any person below the age of twenty-one years. See Hawaii Revised Statutes 281-1
  • 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.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • NAIC: means the National Association of Insurance Commissioners. See Hawaii Revised Statutes 431:10H-104
  • Net direct written premiums: means direct gross premiums written in this State on insurance policies to which this part applies, including policy and membership fees, less the following amounts:

         (1)  Return premiums;

         (2)  Premiums on policies not taken; and

         (3)  Dividends paid or credited to policyholders on such direct business. See Hawaii Revised Statutes 431:16-105

  • Net energy metering: means measuring the difference between the electricity supplied through the electric grid and the electricity generated by an eligible customer-generator and fed back to the electric grid over a monthly billing period; provided that:

         (1)  Net energy metering shall be accomplished using a single meter capable of registering the flow of electricity in two directions;

         (2)  An additional meter or meters to monitor the flow of electricity in each direction may be installed with the consent of the customer-generator, at the expense of the electric utility, and the additional metering shall be used only to provide the information necessary to accurately bill or credit the customer-generator, or to collect solar, wind turbine, biomass, or hydroelectric energy generating system performance information for research purposes;

         (3)  If the existing electrical meter of an eligible customer-generator is not capable of measuring the flow of electricity in two directions, the electric utility shall be responsible for all expenses involved in purchasing and installing a meter that is able to measure electricity flow in two directions;

         (4)  If an additional meter or meters are installed, the net energy metering calculation shall yield a result identical to that of a single meter; and

         (5)  An eligible customer-generator who already owns an existing solar, wind turbine, biomass, or hydroelectric energy generating facility, or a hybrid system consisting of two or more of these facilities, is eligible to receive net energy metering service in accordance with this part. See Hawaii Revised Statutes 269-101

  • Net worth: means the excess of total admitted assets over total liabilities, but the liabilities shall not include fully subordinated debt. See Hawaii Revised Statutes 432:1-406
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the office of veterans' services as constituted under this chapter. See Hawaii Revised Statutes 363-1
  • Office: means the office of youth services. See Hawaii Revised Statutes 352D-3
  • Operating expenses: means claims adjustment, administrative, soliciting, and reinsurance allowances. See Hawaii Revised Statutes 432:1-406
  • Organizational document: means a captive insurance company's articles of association, articles of incorporation, articles of organization, subscribers' agreement, bylaws, operating agreement, or any other document that establishes the captive insurance company as a legal entity or prescribes its existence. See Hawaii Revised Statutes 431:19-101
  • Original package: means a package or container as it existed at the time of its delivery by the manufacturer or the wholesale dealer for convenience in transportation and sale. See Hawaii Revised Statutes 281-1
  • Outside captive insurance company: means an insurance company licensed under the laws of a jurisdiction other than this State and not otherwise admitted to do business as an insurance company in this State, that insures the risks of its parent or any affiliated entities. See Hawaii Revised Statutes 431:19-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means a corporation, limited liability company, partnership, other entity, or individual, that directly or indirectly owns, controls, or holds with power to vote more than fifty per cent of the outstanding voting interests of a pure captive insurance company organized as a stock corporation, nonprofit corporation, or limited liability company. See Hawaii Revised Statutes 431:19-101
  • Participant: means an entity that meets the requirements of section 431:19-305, and any affiliated entities thereof that are insured by a sponsored captive insurance company where the losses of the participant may be limited through a participant contract to the participant's pro rata share of the assets of one or more protected cells identified in the participant contract. See Hawaii Revised Statutes 431:19-101
  • Participant contract: means a contract by which a sponsored captive insurance company insures the risks of a participant and may also limit the losses of each participant to its pro rata share of the assets of one or more protected cells identified in such participant contract. See Hawaii Revised Statutes 431:19-101
  • Partner: means a partner in a general partnership, limited partnership, or limited liability partnership. See Hawaii Revised Statutes 281-1
  • 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.
  • Permittee: means the holder of a retail tobacco permit in accordance with this chapter. See Hawaii Revised Statutes 245-1
  • Person: means any individual, corporation, partnership, association, or voluntary organization. See Hawaii Revised Statutes 431:16-105
  • Person: means any individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. See Hawaii Revised Statutes 431:16-205
  • Person: means and includes natural persons, associations, copartnerships, limited liability companies, and corporations, and also includes any agent, servant, and employee of such person. See Hawaii Revised Statutes 281-1
  • Personal property: All property that is not real property.
  • Persons: means one or more people, a company, corporation, a partnership, or an association. See Hawaii Revised Statutes 245-1
  • place of business: means the entire premises occupied by a retail tobacco permit applicant or an entity required to hold a retail tobacco permit under this chapter and shall include but is not limited to any store, stand, outlet, vehicle, cart, location, vending machine, or structure from which cigarettes or tobacco products are sold or distributed to a consumer. See Hawaii Revised Statutes 245-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Policy: means , for the purposes of this article, any policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this State by an insurer; fraternal benefit society; nonprofit health, hospital, or medical service corporation; prepaid health plan; health maintenance organization; or any similar organization. See Hawaii Revised Statutes 431:10H-104
  • Possession: means knowingly having direct physical control at a given time or knowingly having the power and the intention, at a given time, to exercise dominion or control, either directly or through another entity. See Hawaii Revised Statutes 245-1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • premises: includes the hotel premises; provided further that in the case of a class 15 condominium hotel license, "premises" includes units, as defined in section 514B-3, that are used to provide transient lodging for periods of less than thirty days under a written contract with the owner or owners of each unit in, and common elements for access purposes as established by the declaration of condominium property regime of, the condominium hotel; and provided further that if an establishment is in a retail shopping complex the businesses of which have formed a merchants association, "premises" means the establishment. See Hawaii Revised Statutes 281-1
  • Premiums: means amounts and considerations received on covered policies or contracts less premiums, considerations and deposits returned thereon, and less dividends and experience credits thereon. See Hawaii Revised Statutes 431:16-205
  • Principal agent: means the responsible managing agent who is responsible for managing an employment agency and who is responsible for all business transactions and actions by the agency's employees. See Hawaii Revised Statutes 373-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Program: means the offender family service center program. See Hawaii Revised Statutes 353D-2
  • program: is synonymous with facility, agency, unit, and organization. See Hawaii Revised Statutes 353G-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prosecuting attorney: means the prosecuting attorney or the deputy prosecuting attorneys of each of the respective counties. See Hawaii Revised Statutes 245-1
  • Prospective loss costs: means that portion of a rate that does not include provisions for expenses (other than loss adjustment expenses) or profit, and are based on historical aggregate losses and loss adjustment expenses adjusted through development to their ultimate value and projected through trending to a future point in time. See Hawaii Revised Statutes 431:14-101.5
  • Protected cell: means a separate account established by a sponsored captive insurance company formed or licensed under this article in which assets are maintained for one or more participants in accordance with the terms of one or more participant contracts to fund the liability of the sponsored captive insurance company assumed on behalf of the participants as set forth in the participant contracts. See Hawaii Revised Statutes 431:19-101
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public highways: has the meaning defined by section 264-1, including both state and county highways, but operation upon rails shall not be deemed transportation on public highways. See Hawaii Revised Statutes 269-1
  • 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 service company: means a public utility, motor carrier, or contract carrier. See Hawaii Revised Statutes 239-2
  • Pure captive insurance company: means a captive insurance company that only insures or reinsures risks of its parent and affiliated entities or of a controlled unaffiliated business. See Hawaii Revised Statutes 431:19-101
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means that cost of insurance per exposure unit whether expressed as a single number or as a prospective loss cost with an adjustment to account for the treatment of expenses, profit, and individual insurer variation in loss experience, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premium. See Hawaii Revised Statutes 431:14-101.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receiver: includes liquidator, rehabilitator, conservator, or ancillary receiver, as applicable. See Hawaii Revised Statutes 431:16-105
  • Receiver: means receiver, liquidator, rehabilitator, or conservator as the context requires. See Hawaii Revised Statutes 431:15-103
  • Receivership court: means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer. See Hawaii Revised Statutes 431:16-205
  • Reciprocal state: means any state other than this State in which in substance and effect sections 431:15-307(a), 431:15-403, 431:15-404, and 431:15-406 through 431:15-408 are in force, and in which provisions are in force requiring the commissioner or equivalent official be the receiver of a delinquent insurer, and in which some provision exists for the avoidance of fraudulent conveyances and preferential transfers. See Hawaii Revised Statutes 431:15-103
  • reclaimed water: means treated wastewater that by design is intended or used for a beneficial purpose; and

                   (v)  The facility is not engaged, either directly or indirectly, in the processing of food wastes;

              (K)  Any person who owns, controls, operates, or manages any seawater air conditioning district cooling project; provided that at least fifty per cent of the energy required for the seawater air conditioning district cooling system is provided by a renewable energy resource, such as cold, deep seawater;

              (L)  Any person who owns, controls, operates, or manages plants or facilities primarily used to charge or discharge a vehicle battery that provides power for vehicle propulsion;

              (M)  Any person who:

                   (i)  Owns, controls, operates, or manages a renewable energy system that is located on a customer's property; and

                  (ii)  Provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to the customer on whose property the renewable energy system is located; provided that, for purposes of this subparagraph, a customer's property shall include all contiguous property owned or leased by the customer without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way, and utility rights-of-way; and

              (N)  Any person who owns, controls, operates, or manages a renewable energy system that is located on such person's property and provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to lessees or tenants on the person's property where the renewable energy system is located; provided that:

                   (i)  An interconnection, as defined in section 269-141, is maintained with an electric public utility to preserve the lessees' or tenants' ability to be served by an electric utility;

                  (ii)  Such person does not use an electric public utility's transmission or distribution lines to provide, sell, or transmit electricity to lessees or tenants;

                 (iii)  At the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission;

                  (iv)  The rate schedule or formula shall be established for the duration of the lease, and the lease agreement entered into by the lessee or tenant shall reflect such rate schedule or formula;

                   (v)  The lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare;

                  (vi)  The lease agreement shall disclose:  (1) the rate schedule or formula for the duration of the lease agreement; (2) that, at the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission; (3) that the lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare; and (4) whether the lease is contingent upon the purchase of electricity from the renewable energy system; provided further that any disputes concerning the requirements of this provision shall be resolved pursuant to the provisions of the lease agreement or chapter 521, if applicable; and

                 (vii)  Nothing in this section shall be construed to permit wheeling. See Hawaii Revised Statutes 269-1

  • Regulation: means any regulation prescribed by the commission with the approval of the elected executive head of the county for carrying out this chapter. See Hawaii Revised Statutes 281-1
  • Reliability standard: means an electric reliability requirement or requirements, adopted by the commission under this part, to ensure the reliable design and operation of any or all portions of the Hawaii electric system, including but not limited to ancillary service requirements. See Hawaii Revised Statutes 269-141
  • 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.
  • Renewable energy system: means any identifiable facility, equipment, apparatus, or the like that converts renewable energy, as defined in section 269-91, to useful thermal or electrical energy for heating, cooling, or reducing the use of other types of energy that are dependent on fossil fuel for their generation. See Hawaii Revised Statutes 269-1
  • 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).
  • 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.
  • Restaurant: means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to patrons for compensation and which has suitable kitchen facilities connected therewith, containing the necessary equipment and supplies for cooking an assortment of foods which may be required for ordinary meals. See Hawaii Revised Statutes 281-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail licensee: means any licensee holding a class 2, class 4 through class 16, or class 18 license. See Hawaii Revised Statutes 281-1
  • Retail tobacco permit: means a permit granted under this chapter that authorizes an entity to engage in the business of selling cigarettes and tobacco products to consumers. See Hawaii Revised Statutes 245-1
  • Retailer: means an entity that engages in the practice of selling cigarettes or tobacco products to consumers and includes the owner of a cigarette or tobacco product vending machine. See Hawaii Revised Statutes 245-1
  • Risk retention captive insurance company: means a captive insurance company that is formed as a "risk retention group" as defined in chapter 431K. See Hawaii Revised Statutes 431:19-101
  • Sale: includes every act of selling and includes any sale or act of selling that originates from any order that is placed or submitted by means of a telephonic or other method of voice transmission, the mail, or any other delivery service, or the Internet or other online service. See Hawaii Revised Statutes 245-1
  • Secondary prevention: means efforts targeting children and families that are considered, because of their life situations, to be at risk of abuse or neglect. See Hawaii Revised Statutes 350B-1
  • Secured claim: means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims against general assets. See Hawaii Revised Statutes 431:15-103
  • Self-insurer: means a person that covers its liability through a qualified individual or group self-insurance program or any other formal program created for the specific purpose of covering liabilities typically covered by insurance. See Hawaii Revised Statutes 431:16-105
  • Sell: means to:

         (1)  Solicit and receive an order for;

         (2)  Have, keep, offer, or expose for sale;

         (3)  Deliver for value or deliver in any other way than purely gratuitously;

         (4)  Peddle;

         (5)  Keep with intent to sell; and

         (6)  Traffic in. See Hawaii Revised Statutes 245-1

  • Seller: includes the agents and employees of a seller; provided that any person shall be deemed to be a seller, who in the State, whether acting as agent or representative of a nonresident principal or otherwise, solicits the placing of or takes, receives, or forwards orders for liquor to be shipped into the State from any place without the State to be delivered to customers, by direct shipment or otherwise. See Hawaii Revised Statutes 281-1
  • service animal: means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. See Hawaii Revised Statutes 347-2.5
  • 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.
  • Single-line: means a single-party line or a one-party line. See Hawaii Revised Statutes 269-1
  • Society: means mutual benefit society. See Hawaii Revised Statutes 432:1-406
  • sold: includes any delivery of cigarettes or tobacco products, whether cash is actually paid therefor or not. See Hawaii Revised Statutes 245-1
  • Sponsor: means any person, employer, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered and approved. See Hawaii Revised Statutes 372-2
  • Sponsor: means any entity that meets the requirements of section 431:19-304 and is approved by the commissioner to provide all or part of the minimum required capital and surplus of a sponsored captive insurance company and to organize and operate a sponsored captive insurance company. See Hawaii Revised Statutes 431:19-101
  • Sponsored captive insurance company: means a captive insurance company:

         (1)  In which the minimum required capital and surplus is provided by one or more sponsors;

         (2)  That is formed or licensed under this article;

         (3)  That insures the risks only of its participants through separate participant contracts; and

         (4)  That may fund its liability to each participant through one or more protected cells. See Hawaii Revised Statutes 431:19-101

  • Stamp: means a stamp printed, manufactured, or made by authority of the department, as provided in this chapter, that is issued, sold, or circulated by the department, and by the use of which the tax levied under this chapter is paid. See Hawaii Revised Statutes 245-1
  • Standard bar: means any establishment licensed to sell liquor for consumption on the premises, except:

         (1)  Premises in which a person performs or entertains unclothed or in attire restricted to use by entertainers pursuant to commission regulations; or

         (2)  Premises in which live entertainment or recorded music is provided. See Hawaii Revised Statutes 281-1

  • State: means a state, the District of Columbia, Puerto Rico, or a United States possession, territory, or protectorate. See Hawaii Revised Statutes 431:16-205
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States. See Hawaii Revised Statutes 350C-2
  • State: means any state, district, or territory of the United States and the Panama Canal Zone. See Hawaii Revised Statutes 431:15-103
  • State highway improvements: means capital improvements to the physical infrastructure of state highways. See Hawaii Revised Statutes 264-121
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Structured settlement annuity: means an annuity purchased to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant. See Hawaii Revised Statutes 431:16-205
  • Subpoena: A command to a witness to appear and give testimony.
  • Successor: means , with respect to any electric utility, another electric utility or other entity that succeeds voluntarily or by operation of law to the rights and obligations of the first electric utility or other entity pursuant to any bankruptcy, reorganization, restructuring, or other insolvency proceedings; any merger, acquisition, or consolidation; or any sale or transfer of assets, regardless of how any of these actions occurred. See Hawaii Revised Statutes 269-161
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplementary rating information: includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, underwriting rule, statistical plan, and any other similar information needed to determine the applicable rate in effect or to be in effect. See Hawaii Revised Statutes 431:14-101.5
  • Supporting information: means :

         (1)  The experience and judgment of the filer and the experience or data of other insurers, rating organizations, or advisory organizations relied on by the filer;

         (2)  The interpretation of any other data relied upon by the filer; and

         (3)  Descriptions of methods used in making the rates, and any other information required by the commissioner to be filed. See Hawaii Revised Statutes 431:14-101.5

  • Taxicab: means and includes:

         (1)  Any motor vehicle used in the movement of passengers on the public highways under the following circumstances, namely, the passenger hires the vehicle on call or at a fixed stand, with or without baggage for transportation, and controls the vehicle to the passenger's destination; and

         (2)  Any motor vehicle having seating accommodations for eight or less passengers used in the movement of passengers on the public highways between a terminal, i. See Hawaii Revised Statutes 269-1

  • telecommunications: means the offering of transmission between or among points specified by a user, of information of the user's choosing, including voice, data, image, graphics, and video without change in the form or content of the information, as sent and received, by means of electromagnetic transmission, or other similarly capable means of transmission, with or without benefit of any closed transmission medium, and does not include cable service as defined in section 440G-3. See Hawaii Revised Statutes 269-1
  • telecommunications common carrier: means any person that owns, operates, manages, or controls any facility used to furnish telecommunications services for profit to the public, or to classes of users as to be effectively available to the public, engaged in the provision of services, such as voice, data, image, graphics, and video services, that make use of all or part of their transmission facilities, switches, broadcast equipment, signalling, or control devices. See Hawaii Revised Statutes 269-1
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • to sell: includes to solicit and receive an order for; to have or keep or offer or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; to traffic in; and the word "sale" includes every act of selling as herein defined. See Hawaii Revised Statutes 281-1
  • Tobacco products: means tobacco in any form, other than cigarettes or little cigars, that is prepared or intended for consumption or for personal use by humans, including large cigars and any substitutes thereof other than cigarettes that bear the semblance thereof, snuff, chewing or smokeless tobacco, and smoking or pipe tobacco. See Hawaii Revised Statutes 245-1
  • tobacco retailing: means the practice of selling cigarettes or tobacco products to consumers and includes the sale of cigarettes or tobacco through a vending machine. See Hawaii Revised Statutes 245-1
  • Tobacco tax: means the tax imposed by this chapter. See Hawaii Revised Statutes 245-1
  • 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.
  • Touch-tone dialing: means dual-tone multi-frequency, as opposed to dial-pulse signaling. See Hawaii Revised Statutes 269-1
  • Transfer: means every method, direct or indirect, of disposing of property, of an interest in property, of the possession of property, of fixing a lien upon property, or upon an interest in property, absolutely or conditionally, voluntarily or involuntarily, by or without judicial proceedings. See Hawaii Revised Statutes 431:15-103
  • treatment program: means a program concerned with education, prevention, or treatment directed toward achieving the prevention of substance abuse, or the social, mental, and physical restoration of substance abusers. See Hawaii Revised Statutes 353G-2
  • 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.
  • Trustee: means any trustee or fiscal agent appointed under an indenture or certificate of the director executed in connection with the issuance of bonds pursuant to section 39-68. See Hawaii Revised Statutes 269-161
  • Unallocated annuity contract: means any annuity contract or group annuity certificate that is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under such contract or certificate. See Hawaii Revised Statutes 431:16-205
  • Uncovered expenditures: means the costs to the mutual benefit society for health care services that are the obligation of the mutual benefit society, for which a member may be liable in the event of the mutual benefit society's insolvency, and for which no alternative arrangements have been made that are acceptable to the commissioner. See Hawaii Revised Statutes 432:1-406
  • Under the influence of liquor: means that the person concerned has consumed intoxicating liquor sufficient to impair at the particular time under inquiry the person's normal mental faculties or ability to care for oneself and guard against casualty, or sufficient to substantially impair at the time under inquiry that clearness of intellect and control of oneself which the person would otherwise normally possess. See Hawaii Revised Statutes 281-1
  • Use: means the exercise of any right or power incident to ownership or possession, other than the sale, or the keeping or retention for the purpose of sale. See Hawaii Revised Statutes 245-1
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: means any person who has served in any of the armed services of the United States, or any person who is now a citizen of the United States who has served in any of the armed services of any country which was an ally of the United States in any war or campaign in which the United States was also engaged. See Hawaii Revised Statutes 363-1
  • Wholesaler: means a person rendering a distribution service who buys and maintains, at the person's place of business, a stock of cigarettes or tobacco products that the person uses, possesses, or distributes only to retailers, or other wholesalers, or both. See Hawaii Revised Statutes 245-1
  • Wine: means any wine coming within the definition of wine contained in the United States Revenue Act of 1918 (Act of February 24, 1919), and includes sake. See Hawaii Revised Statutes 281-1
  • writing: includes printing and typewriting. See Hawaii Revised Statutes 281-1
  • young adult: means any adult between the ages of eighteen and twenty-four who has been arrested, who has had contact with the police, who is experiencing social, emotional, psychological, educational, or physical problems, and who is no longer eligible for child protective services provided by the State due to the adult's age. See Hawaii Revised Statutes 352D-3
  • youth in need of services: means any youth who has been arrested, or who has had contact with the police, or who is experiencing social, emotional, psychological, educational, moral, physical, or other similar problems. See Hawaii Revised Statutes 352D-3
  • Youth service system: means any youth services, facilities, or community-based programs provided through the family court and public and private agencies receiving state funds. See Hawaii Revised Statutes 352D-3
  • Youth services: means public or privately funded programs which provide developmental, preventive, protective, recreational, treatment or rehabilitative services for youth at risk including:  after school programs, foster care services, residential group homes, independent living programs; child nurturing and family living programs; camps; playground programs; services to youth with school-related problems including educational neglect; services to youth who are found to be subject to neglect, abuse, or exploitation; employment/training programs; diagnostic, preventive, and remedial medical and mental health services to youth, including chemically dependent, physically, mentally, and emotionally disabled and handicapped youth; information and referral services; and legal services to assure the rights of youth. See Hawaii Revised Statutes 352D-3