Article I General Provisions, Definitions, and Probate Jurisdiction of Court 560:1-101 – 560:1-403
Article II Intestate Succession and Wills 560:2-101 – 560:2-806
Article III Probate of Wills and Administration 560:3-101 – 560:3-1312
Article IV Foreign Personal Representatives; Ancillary Administration 560:4-101 – 560:4-401
Article V Guardianship and Protective Proceedings 560:5-101 – 560:5-612
Article VI Nonprobate Transfers 560:6-101 – 560:6-113
Article VIII Effective Date and Repealer 560:8-101 – 560:8-301

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Terms Used In Hawaii Revised Statutes > Chapter 560 - Uniform Probate Code

  • Account: means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account and other like arrangement;

    "Beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee;

    "Financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks, savings banks, savings and loan companies or associations, financial services loan companies, and credit unions;

    "Joint account" means an account payable on request presently or in the future to one or more of two or more parties whether or not mention is made of any right of survivorship;

    A "multiple-party account" is any of the following types of account:

    (1) a joint account,

    (2) a payable-on-death account, or

    (3) a trust account. See Hawaii Revised Statutes 560:6-101

  • Accredited educational institution: means any educational institution which grants a master's or doctoral degree and is accredited by a regional accrediting body or a post graduate training institute accredited by the Commission on Accreditation for Marriage and Family Education. See Hawaii Revised Statutes 451J-1
  • Accredited educational institution: means a university or college accredited by the Western Association of Schools and Colleges or a comparable regional body. See Hawaii Revised Statutes 453D-1
  • Accuser: means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused. See Hawaii Revised Statutes 124B-1
  • Acknowledgment: means a declaration by a person before a notary public that the person has signed a document for the purpose stated in the document and, if the document is signed in a representative capacity, that the person signed the document with proper authority and signed it as the act of the person or entity identified in the document. See Hawaii Revised Statutes 456-1.6
  • Acquire: means gain ownership of. See Hawaii Revised Statutes 134-1
  • Acquisition of control: means acquisition by a person or persons acting in concert of the power to vote fifty-one per cent or more of any voting securities of a licensee. See Hawaii Revised Statutes 449-1
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act of Congress: means the act of Congress approved June 18, 1934, entitled, "An act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes" and the amendments thereto. See Hawaii Revised Statutes 212-1
  • Active candidate status: means documentation of eligibility to take the American Board of Genetic Counseling or its equivalent certification examinations. See Hawaii Revised Statutes 451K-1
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Adjusted gross estate: The gross estate, less funeral expenses, expenses of estate administration during probate, debts of the estate, and casualty losses suffered during estate administration.
  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
  • Administrative revocation: means termination of the respondent's license, and the privilege to operate a vessel underway on or in the waters of the State pursuant to part III, but does not include any revocation imposed under § 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-1
  • Administrator: means the administrator of the state procurement office. See Hawaii Revised Statutes 103F-102
  • Administrator: means the individual responsible for planning, organizing, directing, and controlling of the operation of a nursing home. See Hawaii Revised Statutes 457B-2
  • Administrator of the state procurement office: means the chief procurement officer for the governmental bodies of the executive branch of the State, other than the University of Hawaii, department of education, the several counties, and those governmental bodies administratively attached thereto. See Hawaii Revised Statutes 103D-1201
  • Adult: means an individual who has attained the age of eighteen years. See Hawaii Revised Statutes 560:5-601
  • Adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility. See Hawaii Revised Statutes 321-15.1
  • Advanced practice registered nurse: means a registered nurse who has met the qualifications for advanced practice registered nurse licensure set forth in this chapter and through rules of the board, which shall include educational requirements. See Hawaii Revised Statutes 457-2
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Advisory committee: means an advisory committee on small business as established in section 201M-4. See Hawaii Revised Statutes 201M-1
  • affects small business: means any potential or actual requirement imposed upon a small business through an agency's proposed or adopted rule that will cause a direct and significant economic burden upon a small business, or is directly related to the formation, operation, or expansion of a small business. See Hawaii Revised Statutes 201M-1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any department, authority, commission, council, board, committee, institution, legislative body, agency, or other establishment or office of the executive, legislative, or judicial branch of the State, and includes the office of Hawaiian affairs. See Hawaii Revised Statutes 103F-102
  • Agency: means each state or county board, commission, department, or officer authorized by law to make rules, except those in the legislative or judicial branches. See Hawaii Revised Statutes 201M-1
  • Alcohol: means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. See Hawaii Revised Statutes 244D-1
  • Alcohol: means ethanol or any substance containing ethanol. See Hawaii Revised Statutes 291E-1
  • Alcohol concentration: means either grams of alcohol per one hundred milliliters or cubic centimeters of blood or grams of alcohol per two hundred ten liters of breath. See Hawaii Revised Statutes 291E-1
  • Alcohol enforcement contact: means :

    (1) Any administrative revocation ordered pursuant to part III;
    (2) Any administrative revocation ordered pursuant to part XIV of chapter 286, as that part was in effect on or before December 31, 2001;
    (3) Any suspension or revocation of any license or any suspension or revocation of a privilege to operate a vessel underway imposed by this or any other state or federal jurisdiction for refusing to submit to a test for alcohol concentration;
    (4) Any conviction in this State for operating or being in physical control of a vehicle while having an unlawful alcohol concentration or while under the influence of alcohol; or
    (5) Any conviction in any other state or federal jurisdiction for an offense that is comparable to operating or being in physical control of a vehicle while having an unlawful alcohol concentration or while under the influence of alcohol. See Hawaii Revised Statutes 291E-1
  • Allegation: something that someone says happened.
  • Alley: means a street or highway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic. See Hawaii Revised Statutes 291C-1
  • Alternative fuel: means methanol, denatured ethanol, and other alcohols; mixtures containing eighty-five per cent or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-derived liquid fuels; biodiesel; mixtures containing twenty per cent or more by volume of biodiesel with diesel or other fuels; fuels (other than alcohol) derived from biological materials; and any other fuel that is substantially not a petroleum product and that the governor determines would yield substantial energy security benefits or substantial environmental benefits. See Hawaii Revised Statutes 243-1
  • 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.
  • 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.
  • Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of services using small wireless facilities. See Hawaii Revised Statutes 206N-2
  • 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.
  • Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes. See Hawaii Revised Statutes 206N-2
  • Applicable generation-skipping transfer tax rate: means 2. See Hawaii Revised Statutes 236E-2
  • Applicant: means any person who submits an application and is a communications service provider. See Hawaii Revised Statutes 206N-2
  • Application: means a request submitted by an applicant to the State or county for a permit to collocate small wireless facilities or to approve the replacement or modification of a utility pole. See Hawaii Revised Statutes 206N-2
  • Appraisal: A determination of property value.
  • Apprehension: means the taking of a person into custody. See Hawaii Revised Statutes 124B-1
  • Apprentice elevator mechanic: means any person who is in training to acquire the skill to become an elevator mechanic and who is required to work for at least four years under the supervision of an elevator mechanic duly licensed under § 448H-6. See Hawaii Revised Statutes 448H-1
  • 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
  • Aquaculture: means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for commercial purposes or authorized stock enhancement purposes. See Hawaii Revised Statutes 219-2
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. See Hawaii Revised Statutes 124B-1
  • Arrest: Taking physical custody of a person by lawful authority.
  • Arrest in quarters: means the restraint involved is enforced by a moral obligation rather than by physical means. See Hawaii Revised Statutes 124B-1
  • Assault pistol: means a semiautomatic pistol that accepts a detachable magazine and has two or more of the following characteristics:

    (1) An ammunition magazine that attaches to the pistol outside of the pistol grip;
    (2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;
    (3) A shroud that is attached to or partially or completely encircles the barrel and permits the shooter to hold the firearm with the second hand without being burned;
    (4) A manufactured weight of fifty ounces or more when the pistol is unloaded;
    (5) A centerfire pistol with an overall length of twelve inches or more; or
    (6) It is a semiautomatic version of an automatic firearm;

    but does not include a firearm with a barrel sixteen or more inches in length, an antique pistol as defined in this section, or a curio or relic as those terms are used in 18 United States Code § 921(a)(13) or 27 C. See Hawaii Revised Statutes 134-1

  • Assembly: means the fabrication of a firearm or the fitting together of component parts to construct a firearm. See Hawaii Revised Statutes 134-1
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assisted living facility: means a combination of housing, health care services, and personalized supportive services designed to respond to individual needs, to promote choice, responsibility, independence, privacy, dignity, and individuality. See Hawaii Revised Statutes 321-15.1
  • Association: means the American Dietetic Association. See Hawaii Revised Statutes 448B-1
  • Association: means the American Association for Marriage and Family Therapy. See Hawaii Revised Statutes 451J-1
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attack: means any attack or series of attacks by anyone causing, or which may cause, damage or injury to persons or property in the United States in any manner by the use of chemical, biological, radiological, nuclear, explosives, firearms, cyber, or other weapons or processes; and any form of hostile action. See Hawaii Revised Statutes 128A-2
  • attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
  • 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.
  • Authorized emergency vehicle: includes fire department vehicles, police vehicles, ambulances, ocean safety vehicles, law enforcement vehicles, and conservation and resources enforcement vehicles authorized and approved pursuant to section 291-31. See Hawaii Revised Statutes 291C-1
  • Automatic firearm: means any firearm that shoots, is designed to shoot, or can be readily modified to shoot automatically more than one shot, without a manual reloading, by a single function of the trigger. See Hawaii Revised Statutes 134-1
  • Aviation fuel: means all liquid substances of whatever chemical composition usable for the propulsion of airplanes. See Hawaii Revised Statutes 243-1
  • 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.
  • Ballot: includes :

    (1) A ballot summary reflecting a complete record of the ballot selections made by a voter utilizing an HTML ballot or similar accessible ballot that produces a ballot summary;

    (2) A voter verifiable paper audit trail in the event there is a discrepancy between a voting machine's electronic record of the voted ballot and the voter verifiable paper audit trail; and

    (3) A ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. See Hawaii Revised Statutes 11-1

  • Bank: means and includes any national banking association and any bank chartered or licensed pursuant to chapter 412. See Hawaii Revised Statutes 241-1
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Barrel: means forty-two United States gallons of crude oil or petroleum product. See Hawaii Revised Statutes 243-1
  • Basic hourly rate: means the hourly wage paid to a laborer or mechanic for work performed during nonovertime hours, but shall not include the cost to an employer of furnishing fringe benefits, whether paid directly or indirectly to the laborer or mechanic as provided in the definition of "wages". See Hawaii Revised Statutes 104-1
  • Beer: means any alcoholic beverage obtained by the fermentation or any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer but does not include sake, known as Japanese rice wine, or cooler beverage. See Hawaii Revised Statutes 244D-1
  • Behavioral medicine: means therapy techniques including biofeedback, relaxation training, hypnosis, mindfulness-based stress reduction, and cognitive therapy. See Hawaii Revised Statutes 455-1
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Bicycle: means :

    (1) A vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle; or
    (2) A low-speed electric bicycle, as defined under title 15 United States Code § 2085. See Hawaii Revised Statutes 291C-1
  • Bicycle lane: means that portion of any highway which has been set aside for the preferential or exclusive use of bicycles. See Hawaii Revised Statutes 291C-1
  • Bicycle path: means any facility set aside for the preferential or exclusive use of bicycles and physically separated from a highway. See Hawaii Revised Statutes 291C-1
  • Bikeway: means a bicycle lane, bicycle path, or bicycle route, or any traffic control device, shelter, parking facility, or other support facility to serve bicycles and persons using bicycles. See Hawaii Revised Statutes 291C-1
  • board: means the board of dentistry. See Hawaii Revised Statutes 448-5
  • Board: means the small business regulatory review board. See Hawaii Revised Statutes 201M-1
  • Board: means the board of electricians and plumbers. See Hawaii Revised Statutes 448E-1
  • Board: means the board of land and natural resources as provided in chapter 26. See Hawaii Revised Statutes 206-1
  • Board: means the board of directors of the development corporation established in section 206J-4, and any successor thereto. See Hawaii Revised Statutes 206J-2
  • Board: means the elevator mechanics licensing board created by this chapter. See Hawaii Revised Statutes 448H-1
  • Board: means the board of education. See Hawaii Revised Statutes 302A-101
  • Board: means the board of naturopathic medicine. See Hawaii Revised Statutes 455-1
  • Board: means the state board of nursing. See Hawaii Revised Statutes 457-2
  • Board: means the board of agriculture of the department of agriculture. See Hawaii Revised Statutes 219-2
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Hawaii Revised Statutes 291C-1
  • Bona fide prospective purchaser: means a person (or a tenant of a person) who acquires ownership of a facility after October 1, 2009, and establishes each of the following by a preponderance of the evidence:

    (1) All disposal of hazardous substances at the facility occurred before the person acquired the facility;

    (2) The person carried out all appropriate inquiries when, on or before the date on which the person acquired the facility:

    (A) The person made all appropriate inquiries into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices in accordance with subparagraphs (B) and (C);

    (B) The standards and practices referred to in 42 United States Code § 9601(35)(B)(ii) and (iv) and Title 40 of the Code of Federal Regulations, Part 312 are used unless the director requires otherwise by rules adopted pursuant to chapter 91; and

    (C) In the case of property in residential use or other similar use at the time of purchase by a nongovernmental or noncommercial entity, a facility inspection and title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this paragraph;

    (3) The person provides all legally required notices with respect to the discovery or release of any hazardous substances at the facility;

    (4) The person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to:

    (A) Stop any continuing release;

    (B) Prevent any threatened future release; and

    (C) Prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substance;

    (5) The person provides full cooperation, assistance, and access to persons who are authorized to conduct response actions or natural resource restoration at a vessel or facility (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response actions or natural resource restoration at the vessel or facility);

    (6) The person:

    (A) Is in compliance with any land use restrictions established or relied on in connection with the response action at a vessel or facility; and

    (B) Does not impede the effectiveness or integrity of any institutional control employed at the vessel or facility in connection with a response action;

    (7) The person complies with any request for information or administrative subpoena issued by the President of the United States under 42 United States Code Chapter 103, by the director under chapter 128D, or issued by any state or federal court; and

    (8) The person is not:

    (A) Potentially liable, or affiliated with any other person who is potentially liable, for response costs at a facility through:

    (i) Any direct or indirect familial relationship; or

    (ii) Any contractual, corporate, or financial relationship (other than a contractual, corporate, or financial relationship that is created by the instruments by which title to the facility is conveyed or financed or by a contract for the sale of goods or services); or

    (B) The result of a reorganization of a business entity that was potentially liable. See Hawaii Revised Statutes 128D-1

  • Bonds: means any bonds, notes, interim certificates, debentures, or other obligations. See Hawaii Revised Statutes 206-1
  • Bonds: means revenue bonds, special facilities revenue bonds, notes, or other instruments of indebtedness of the development corporation issued under this chapter and shall include refunding bonds. See Hawaii Revised Statutes 206J-2
  • Bonds: means bonds, notes, and other instruments of indebtedness. See Hawaii Revised Statutes 47-1
  • Branch office: means any location, separate from the principal place of business of the escrow depository, that is identified by any means to the public or customers as a location at which the licensee holds itself out as an escrow depository. See Hawaii Revised Statutes 449-1
  • Broadband: means high-speed internet access that is always on, including mobile and fixed technologies. See Hawaii Revised Statutes 206S-1
  • Broadband infrastructure: means the medium used to provide broadband service, including fiber optic cable, copper cable, coaxial cable, and wireless media, such as satellite communications, wireless networks, and worldwide interoperability for microwave access. See Hawaii Revised Statutes 206R-1
  • Broadband service: means an always-on service that includes but is not limited to computer processing capabilities, information provision, and computing interactivity with data transport, which enables end users to access the Internet and use a variety of applications at minimum speeds established by the Federal Communications Commission. See Hawaii Revised Statutes 206R-1
  • Building and loan association: means any corporation that has been authorized to operate as a savings bank or savings and loan association pursuant to chapter 412, and any federal savings and loan association. See Hawaii Revised Statutes 241-1
  • Bus: means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a school bus or a taxicab, designed and used for the transportation of persons for compensation. See Hawaii Revised Statutes 291C-1
  • Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. See Hawaii Revised Statutes 103D-104
  • Business district: means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway. See Hawaii Revised Statutes 291C-1
  • Cadet: means any person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces. See Hawaii Revised Statutes 124B-1
  • Cafeteria workers: includes all employees of any public school cafeteria other than the cafeteria manager. See Hawaii Revised Statutes 302A-101
  • calendar month: means each full month of the calendar year; provided that whenever the books of any distributor in any county are kept on such a basis that its monthly records are made up on a basis other than a calendar month so that each business month of the distributor ends on some other day than the last day of the calendar month, and the distributor presents a sworn application to the department of taxation setting forth such facts and requesting that it be granted the privilege of making returns and paying the taxes and performing other duties required of it under this chapter upon the basis of such business month rather than a calendar month, the department shall in writing grant such privilege and thereupon, as to such distributor, the terms "month" or "calendar month" shall be deemed to mean and refer to such business month, and all returns and payments under this chapter shall be made upon the basis of such business month and all delinquencies and penalties shall attach and be calculated as of the last day of such business month. See Hawaii Revised Statutes 243-1
  • Capital access loan: means a loan that is entitled to be secured by the fund. See Hawaii Revised Statutes 211D-1
  • Career and technical education program: means a program operated by a school that primarily focuses on learning and skill development in students through the practical application of academic and technical skills and knowledge. See Hawaii Revised Statutes 302A-101
  • CERCLA: means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, P. See Hawaii Revised Statutes 128D-1
  • Certified nurse aide: means a nurse aide who has met the requirements for certification under § 457A-7 or 457A-8. See Hawaii Revised Statutes 457A-1.5
  • Certified substance abuse counselor: means any person certified by the department of health pursuant to section 321-193(10), or any other substance abuse specialist or medical practitioner the director of health may appoint to carry out the functions of a certified substance abuse counselor under this chapter. See Hawaii Revised Statutes 291E-1
  • Chairperson: means the chairperson of the board of agriculture. See Hawaii Revised Statutes 219-2
  • Chambers: A judge's office.
  • Change order: means a written order signed by the procurement officer, directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor. See Hawaii Revised Statutes 103D-104
  • 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.
  • Chief of police: means the chief of police of the counties of Hawaii, Maui, Kauai, or the city and county of Honolulu. See Hawaii Revised Statutes 134-1
  • Chief procurement officer: means those officials designated by § 103D-203. See Hawaii Revised Statutes 103F-102
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Clean Water Act: means the Federal Water Pollution Control Act of 1972, P. See Hawaii Revised Statutes 128D-1
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Clinical supervision: means the supervision of no more than six persons at the same time who are acquiring and completing clinical experience in accordance with section 451J-7(2) and (3), by a licensed marriage and family therapist whose license has been in good standing in any state for two years preceding commencement and during the term of supervision, or any licensed mental health professional whose license has been in good standing in any state and who has been a clinical member in good standing of the association for the two years preceding commencement and during the term of supervision. See Hawaii Revised Statutes 451J-1
  • Clinical supervision: includes but is not limited to:

    (1) Case consultation on the assessment and presenting problem;

    (2) Development and implementation of treatment plans;

    (3) Enhancement of the supervisee's counseling techniques and treatment evaluation skills; and

    (4) Evaluation of the course of treatment. See Hawaii Revised Statutes 453D-1

  • Code: means the Hawaii Code of Military Justice. See Hawaii Revised Statutes 124B-1
  • Codes and standards: means nationally recognized minimum requirements that shall be met for design and construction to safeguard life, property, and the general welfare. See Hawaii Revised Statutes 107-21
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Collocate: means to install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole. See Hawaii Revised Statutes 206N-2
  • Commanding officer: includes :

    (1) Only commissioned officers of the state military forces; and
    (2) Officers in charge only when administering nonjudicial punishment under section 124B-21. See Hawaii Revised Statutes 124B-1
  • commission: means the liquor commission of each county. See Hawaii Revised Statutes 244D-1
  • Commission on accreditation: means the Commission on Accreditation/Approval for Dietetics Education. See Hawaii Revised Statutes 448B-1
  • Commissioned officer: includes a commissioned warrant officer. See Hawaii Revised Statutes 124B-1
  • Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 449-1
  • Common diagnostic procedures: means the use of venipuncture consistent with the practice of naturopathic medicine, commonly used diagnostic modalities consistent with naturopathic practice, taking of health history, physical examination, radiography, laboratory medicine, and obtaining samples of human tissue as authorized as a minor office procedure. See Hawaii Revised Statutes 455-1
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • 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.
  • Communications service: means cable service, as defined in § 440G-3 or title 47 United States Code § 522(6), as amended; information service, as defined in title 47 United States Code § 153(24), as amended; telecommunications service, as defined in § 269-1 or title 47 United States Code § 153(53), as amended; mobile service, as defined in title 47 United States Code § 153(33), as amended; or wireless service other than mobile service. See Hawaii Revised Statutes 206N-2
  • Communications service provider: means a cable operator, as defined in § 440G-3 or title 47 United States Code § 522(5); a provider of information service, as defined in title 47 United States Code § 153(24); a telecommunications carrier, as defined in § 269-1 or title 47 United States Code § 153(51); or a wireless provider. See Hawaii Revised Statutes 206N-2
  • Community of identity: means a group of people who may not live in the same geographic area but who are bound together through a common ethnicity or other personal characteristic such as age or social status. See Hawaii Revised Statutes 210D-2
  • Community of interest: means a group of people who may not live in the same geographic area but who are bound together through a common economic interest such as coffee growers or an aquaculture cooperative. See Hawaii Revised Statutes 210D-2
  • Community paramedicine program: means an enhanced and expanded service in the county emergency medical services system that allows state-licensed health care professionals and community health workers to assist with public health, primary care, and prevention services, including services through telehealth. See Hawaii Revised Statutes 46-191
  • Community-based economic development: means a community institution-building process that results in community-based enterprises and other economic development activities which are designed and implemented by a community; consistent with a community's values, culture, and vision; and intended to increase community control over local resources and decision-making processes. See Hawaii Revised Statutes 210D-2
  • Community-based organization: means a nonprofit corporation incorporated in the State of Hawaii that is organized and controlled by either a geographic community, a community of identity, or a community of interest and that is directly involved in community-based economic development activities. See Hawaii Revised Statutes 210D-2
  • Competency: means the ability of a nurse to integrate knowledge, skills, judgment and personal attributes to practice safely and ethically in the professional nursing position and in accordance with the scope of nationally recognized nursing practices. See Hawaii Revised Statutes 457-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complex: means the high school and those elementary, middle, and intermediate schools that feed into the high school as designated by the department. See Hawaii Revised Statutes 302A-101
  • Complex area: means the administrative unit that includes one or more complexes as designated by the department. See Hawaii Revised Statutes 302A-101
  • Complex area superintendent: means the chief administrative officer of a complex area and the complexes therein. See Hawaii Revised Statutes 302A-101
  • Computer science content: means courses of instruction that provide:

    (1) Computer science instruction that is integrated with another subject; and

    (2) A final grade to each student. See Hawaii Revised Statutes 302A-101

  • Computer science courses: means courses of instruction that provide:

    (1) Computer science instruction in stand-alone implementations; and

    (2) A final grade to each student. See Hawaii Revised Statutes 302A-101

  • Concealed: means , in relation to a firearm, that the firearm is entirely hidden from view of the public and not discernible by ordinary observation, in a manner that a reasonable person without law enforcement training would be unable to detect the presence of the firearm. See Hawaii Revised Statutes 134-1
  • 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.
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Confinement: means the physical restraint of a person. See Hawaii Revised Statutes 124B-1
  • Construction: means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. See Hawaii Revised Statutes 103D-104
  • Construction: includes alteration, repair, painting, and decorating. See Hawaii Revised Statutes 104-1
  • Contemptuous words: means words or speech manifesting or expressing deep hatred or disapproval. See Hawaii Revised Statutes 124B-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing competency: means the long-term educational and professional process by which an individual undertakes and documents with verifiable evidence a personal learning plan that encompasses a periodic self-assessment of personal strengths and weaknesses as present in the individual's practice as a nurse as well as a commitment to furthering the individual's professional knowledge relating to the nursing field. See Hawaii Revised Statutes 457-2
  • Continuing education courses: means courses approved by the American Association for Marriage and Family Therapy, American Association for Marriage and Family Therapy: Hawaii Division, American Psychological Association, Hawaii Psychological Association, National Association of Social Workers, or National Board for Certified Counselors and Affiliates, Inc. See Hawaii Revised Statutes 451J-1
  • Continuing education courses: means courses approved by a professional association or organization representing a licensed profession whose program objectives are related to naturopathic medicine; provided that the professional association or organization is approved by the board. See Hawaii Revised Statutes 455-1
  • Continuous alcohol monitoring device: means any device or instrument that:

    (1) Is attached to the person;
    (2) Is designed to automatically test the alcohol content in a person by contact with the person's skin at least once per one-half hour regardless of the person's location;
    (3) Detects the presence of alcohol; and
    (4) Detects attempts to tamper with, obstruct, or remove the device. See Hawaii Revised Statutes 291E-1
  • Contract: means all types of agreements, regardless of what they may be called, for the procurement or disposal of goods or services, or for construction. See Hawaii Revised Statutes 103D-104
  • Contract: means all types of agreements, regardless of what they may be called. See Hawaii Revised Statutes 103F-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Hawaii Revised Statutes 103D-104
  • Contractor: means any person having a contract with a governmental body. See Hawaii Revised Statutes 103D-104
  • Contractor: means any person furnishing construction for a public work under a contract with a governmental contracting agency, subcontractor, or any other person under a subcontract arrangement with any person who has a construction contract subject to this chapter. See Hawaii Revised Statutes 104-1
  • Contractual relationship: means relationships involving land contracts, deeds or other instruments transferring title or possession. See Hawaii Revised Statutes 128D-1
  • Controlled-access highway: means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. See Hawaii Revised Statutes 291C-1
  • Controlling person: means any person in control of a licensee or applicant. See Hawaii Revised Statutes 449-1
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Hawaii Revised Statutes 124B-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative: means a nonprofit association of [aquaculturists] organized under chapter 421. See Hawaii Revised Statutes 219-2
  • Cooperative purchasing: means procurement conducted by a public or external procurement unit with one or more public procurement units, external procurement units, or nonprofit private procurement units, pursuant to this chapter. See Hawaii Revised Statutes 103D-801
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the state building code council. See Hawaii Revised Statutes 107-21
  • Council: means the county council of each county concerned. See Hawaii Revised Statutes 248-1
  • Council: means the community-based economic development advisory council. See Hawaii Revised Statutes 210D-2
  • 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 any of the political subdivisions of the State, including the counties of Hawaii, Maui, and Kauai and the city and county of Honolulu, but does not include the county of Kalawao. See Hawaii Revised Statutes 128A-2
  • County: means the counties of Hawaii, Kauai, and Maui and the city and county of Honolulu. See Hawaii Revised Statutes 47-1
  • County: means any county having a population of five hundred thousand or more. See Hawaii Revised Statutes 46-191
  • County system: means the county emergency medical services system. See Hawaii Revised Statutes 46-191
  • Court: means any duly constituted court. See Hawaii Revised Statutes 560:5-601
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Crime of violence: means :

    (1) Any offense under federal or state law or the law of another state, a United States territory, or the District of Columbia that has as an element of the offense the:
    (A) Injury or threat of injury to the person of another; or
    (B) Use, attempted use, or threatened use of physical force against the person or property of another or the creation of a substantial risk of causing bodily injury;
    (2) Reckless endangering in the second degree under section 707-714;
    (3) Terroristic threatening in the second degree under section 707-717;
    (4) Sexual assault in the fourth degree under section 707-733 ;
    (5) Endangering the welfare of a minor in the second degree under section 709-904;
    (6) Endangering the welfare of an incompetent person under section 709-905;
    (7) Harassment under section 711-1106(1)(a);
    (8) Harassment by stalking under section 711-1106. See Hawaii Revised Statutes 134-1
  • Criminal offense relating to firearms: means :

    (1) Any criminal offense under this chapter punishable as a misdemeanor;
    (2) Criminally negligent storage of a firearm under section 707-714. See Hawaii Revised Statutes 134-1
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Crosswalk: means :

    (1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or
    (2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Hawaii Revised Statutes 291C-1
  • Curricular materials: means any systematically organized material designed to provide a specific level of instruction in a subject-matter category, including textbooks, instructional materials, library books, equipment, computer software, digital content accessed through a computer or other electronic medium, digital content available through an internet-based provider of course content, or supplies used in a particular course of study. See Hawaii Revised Statutes 302A-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous wheels: means any wheel, wheel cover, hubcap, lug nut cover or cap, prong, or any ornamentation affixed to any of the aforementioned items that extends at least four inches beyond the portion of the wheel rim that extends furthest away from the vehicle and that may cause injury or property damage by minimal contact with a person or object. See Hawaii Revised Statutes 291C-1
  • Data: means recorded information, regardless of form or characteristic. See Hawaii Revised Statutes 103D-104
  • Day: means calendar day and is not synonymous with the term "unit training assembly". See Hawaii Revised Statutes 124B-1
  • Dealer: means the holder of a manufacturer's license, wholesaler's license, brewpub's license, winery's license, or small craft producer's license under the liquor law. See Hawaii Revised Statutes 244D-1
  • Debt adjuster: means a person who for a profit engages in the business of acting as an intermediary between a debtor and the debtor's creditors for the purpose of settling, compromising, or in any way altering the terms of payment of any debts of the debtor and who:

    Receives money, property, or other thing of value from the debtor, or on behalf of the debtor, for distribution among the creditors of the debtor; or

    Otherwise arranges for payment to, or distribution among, the creditors of the debtor. See Hawaii Revised Statutes 446-1

  • Debtor: means an individual and includes two or more individuals who are jointly and severally or jointly or severally indebted. See Hawaii Revised Statutes 446-1
  • Decedent: A deceased person.
  • Decedent: means a deceased individual. See Hawaii Revised Statutes 236D-2
  • Decedent: means a deceased individual owning property in the State. See Hawaii Revised Statutes 236E-2
  • 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.
  • Degree: means a post-secondary credential, earned or honorary, conferring on the recipient the title or designation of "associate" "bachelor" "baccalaureate" "master" "doctor" or "doctorate" or any designation, mark, appellation, series of letters or words, or other symbol which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of an academic or professional program of study beyond the secondary school level. See Hawaii Revised Statutes 446E-1
  • Degree granting institution: means a school, academy, institute, junior college, college, university, agency, individual, partnership, company, firm, society, trust, association, corporation, or any combination thereof that meets the following criteria:

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

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

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

  • Dental service organization: means any person who undertakes to provide or to arrange for or administer one or more prepaid dental insurance plans. See Hawaii Revised Statutes 448D-1
  • Department: means the department of accounting and general services. See Hawaii Revised Statutes 107-21
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 104-1
  • Department: means the department of health. See Hawaii Revised Statutes 448B-1
  • Department: means the department of taxation. See Hawaii Revised Statutes 251-1
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 448F-2
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 451A-1
  • Department: means the department of health. See Hawaii Revised Statutes 128D-1
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 451J-1
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 206R-1
  • Department: means the department of health. See Hawaii Revised Statutes 451K-1
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 206S-1
  • Department: means the department of education. See Hawaii Revised Statutes 302A-101
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 209E-2
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 453D-1
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 455-1
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 210-1
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 210D-2
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 211D-1
  • Department: means the department of agriculture. See Hawaii Revised Statutes 219-2
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457B-2
  • Department: means the department of taxation. See Hawaii Revised Statutes 236D-2
  • Department: means the department of taxation. See Hawaii Revised Statutes 236E-2
  • Department: means the department of taxation. See Hawaii Revised Statutes 237D-1
  • Department school: means any school that falls within the definition of "public schools" as that term is defined in section 302A-101, and is not a charter school. See Hawaii Revised Statutes 302A-101
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
  • Design-build: means a project delivery method in which the procurement officer enters into a single contract for design and construction. See Hawaii Revised Statutes 103D-104
  • Development area: means an area so designated pursuant to § 206-5. See Hawaii Revised Statutes 206-1
  • Development company: means a company approved by the federal Small Business Administration to operate under the provisions of Title V of the federal Small Business Investment Act of 1958, Public Law 699, as amended. See Hawaii Revised Statutes 241-1
  • Development corporation: means the Aloha Tower development corporation established by section 206J-4. See Hawaii Revised Statutes 206J-2
  • Development project: means a specific unit for development within a designated area for which a program of acquisition and development is established. See Hawaii Revised Statutes 206-1
  • Devise: To gift property by will.
  • Diagnosis: means using all recognized and accepted physical and laboratory diagnostic procedures including the taking of blood for diagnostic purposes. See Hawaii Revised Statutes 455-1
  • Dietetic practice: means the integration and application of scientific principles of nutrition, biochemistry, physiology, food, behavioral, and social sciences, in managing disease, and achieving and maintaining human health throughout the life cycle. See Hawaii Revised Statutes 448B-1
  • Digital equity: means a condition in which all individuals and communities have the information technology capacity needed for full participation in society, democracy, and the economy. See Hawaii Revised Statutes 206S-1
  • Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 104-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 446E-1
  • Director: means the director of health. See Hawaii Revised Statutes 448B-1
  • Director: means the state director of finance unless otherwise stated or indicated in context. See Hawaii Revised Statutes 248-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 448F-2
  • Director: means the director of law enforcement. See Hawaii Revised Statutes 128A-2
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 451A-1
  • Director: means the director of health. See Hawaii Revised Statutes 128D-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 451J-1
  • Director: means the director of health. See Hawaii Revised Statutes 451K-1
  • Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 209E-2
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 453D-1
  • Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 210-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457A-1.5
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457B-2
  • Director: means the administrative director of the courts or any other person within the judiciary appointed by the director to conduct administrative reviews or hearings or carry out other functions relating to administrative revocation under part III. See Hawaii Revised Statutes 291E-1
  • Director of finance: means the director of finance of each county. See Hawaii Revised Statutes 47-1
  • Disaster condition: means a sudden catastrophic event that overwhelms public order, causes loss of property or life, and exceeds or disrupts the capabilities of available medical resources to provide medical care within a community. See Hawaii Revised Statutes 455-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disease management services: means patient self-management education services, which may include primary prevention, behavioral modification, compliance/surveillance, and routine reporting and feedback including communication with patients, physicians, health plans, or ancillary providers. See Hawaii Revised Statutes 209E-2
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disrespect: means behavior that detracts from the respect due the authority and person of a superior commissioned officer or fellow soldier. See Hawaii Revised Statutes 124B-1
  • Distant site: means the location of the nurse delivering services through telehealth at the time the services are provided. See Hawaii Revised Statutes 457-2
  • Distilled spirits: means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof, but does not include beer, draft beer, cooler beverage, or wine. See Hawaii Revised Statutes 244D-1
  • Distributor: means :

    (1) Every person who refines, manufactures, produces, or compounds liquid fuel or fossil fuel in the State and sells or uses the same therein;

    (2) Every person who imports or causes to be imported into the State any liquid fuel or fossil fuel and sells it therein, whether in the original packages or containers in which it is imported or otherwise than in the original packages or containers, or who imports any liquid fuel or fossil fuel for the person's own use in the State;

    (3) Every person who acquires liquid fuel or fossil fuel from a person not a licensed distributor and sells or uses it, whether in the original package or container in which it was imported (if imported) or otherwise than in the original package or container; and

    (4) Every person who acquires liquid fuel or fossil fuel from a licensed distributor as a wholesaler thereof and sells or uses it. See Hawaii Revised Statutes 243-1

  • District: means the state public education system as a whole, except as used by the department for federal compliance and reporting requirements. See Hawaii Revised Statutes 302A-101
  • District: means , unless otherwise specified, the district of political representation associated with a state representative. See Hawaii Revised Statutes 11-1
  • Division: means the division of financial institutions of the department of commerce and consumer affairs. See Hawaii Revised Statutes 449-1
  • Document: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 456-1.6
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • Draft beer: means beer in an individual container of seven gallons or more. See Hawaii Revised Statutes 244D-1
  • Driver: means every person who drives or is in actual physical control of a vehicle. See Hawaii Revised Statutes 291C-1
  • Drug: means any controlled substance, as defined and enumerated in schedules I through IV of chapter 329, or its metabolites, or any substance that, when taken into the human body, can impair the ability of a person to operate a vehicle safely. See Hawaii Revised Statutes 291E-1
  • Drug enforcement contact: means :

    (1) Any administrative revocation ordered pursuant to part III;
    (2) Any administrative revocation ordered pursuant to part XIV of chapter 286, as that part was in effect on or before December 31, 2001;
    (3) Any suspension or revocation of license or any suspension or revocation of a privilege to operate a vessel underway imposed by this or any other state or federal jurisdiction for refusing to submit to a test for drug content in the person's blood or urine;
    (4) Any conviction in this State for operating or being in physical control of a vehicle while having an unlawful drug content in the blood or urine or while under the influence of drugs; or
    (5) Any conviction in any other state or federal jurisdiction for an offense that is comparable to operating or being in physical control of a vehicle while having an unlawful drug content in the blood or urine or while under the influence of drugs. See Hawaii Revised Statutes 291E-1
  • Education and training services: means courses and programs for international business executives in business management, marketing, financial services, human resources, risk management, and for technicians in environmental sciences and remediation. See Hawaii Revised Statutes 209E-2
  • Educational officers: includes principals, vice-principals, and professional employees of the state and district offices of the department, except those employees in the classified service. See Hawaii Revised Statutes 302A-101
  • Electric foot scooter: means a device:

    (1) Weighing less than seventy-five pounds;
    (2) With two or three wheels;
    (3) With handlebars;
    (4) With either:
    (A) A floorboard that can be stood upon while riding; or
    (B) A seat or saddle for the use of the rider and stationary footrests;
    (5) That is powered by an electric motor or human power; and
    (6) Whose maximum speed, with or without human propulsion on a paved level surface, does not exceed fifteen miles per hour. See Hawaii Revised Statutes 291C-1
  • Electric personal assistive mobility device: means a self-balancing, two-wheeled, non-tandem-wheeled device, designed to transport only one person, using an electric propulsion system that limits the maximum speed of the device to twelve and a half miles per hour or less. See Hawaii Revised Statutes 291C-1
  • Electrologist: means any person who removes hair from the human body using a needle inserted in the hair follicle and uses direct electric current or shortwave alternating current to destroy the follicle but does not include any hair removal system that does not penetrate the skin. See Hawaii Revised Statutes 448F-2
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 456-1.6
  • Electronic signature: means an electronic symbol, sound, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Hawaii Revised Statutes 456-1.6
  • Elevator mechanic: means any person who engages in the construction, reconstruction, alteration, maintenance, mechanical, or electrical work or adjustments of any elevator, dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving walk or ramp, lift including any construction, reconstruction, alteration, or adjustment of the structure or facility of which the same may be a part or to which the same may be attached, necessary for proper completion of the work on the elevator, dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving walk or ramp, or lift. See Hawaii Revised Statutes 448H-1
  • Eligible business activity: means the:

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

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

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

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

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

  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any noncompensated individual performing services for any governmental body. See Hawaii Revised Statutes 103D-104
  • Employee: means a person who is hired on an hourly or salaried basis for twenty or more hours per week. See Hawaii Revised Statutes 446E-1
  • End user: means any person or government entity who acquires petroleum products for their own use and not for resale. See Hawaii Revised Statutes 243-1
  • Enlisted member: means a person in an enlisted grade. See Hawaii Revised Statutes 124B-1
  • enrollment: means a student has met all of the department's requirements for entrance and is formally placed on a school's roll. See Hawaii Revised Statutes 302A-101
  • Enterprise zone: means an area nominated by, and within the jurisdiction of, a county government, and subsequently declared by the governor to be eligible for the benefits of this chapter. See Hawaii Revised Statutes 209E-2
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Environment: means any waters, including surface water, ground water, or drinking water supply, any land surface or any subsurface strata, or any ambient air within the State of Hawaii or under the jurisdiction of the State. See Hawaii Revised Statutes 128D-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.
  • Escrow: means any transaction affecting the title to real property, including leaseholds, proprietary leaseholds, and condominiums, in which a person not a party to the transaction and neither having nor acquiring any interest in the title receives from one party to the transaction, holds until the happening of an event or performance of a condition and then delivers to another party to the transaction, any money or other consideration or any instrument affecting the title to that real property, all in accordance with the terms of the agreement between the parties to the transaction. See Hawaii Revised Statutes 449-1
  • Escrow account: means any escrow depository account with a financial institution to which cash or items are deposited with respect to any escrow. See Hawaii Revised Statutes 449-1
  • Escrow depository: means the corporation which, in an escrow, and for compensation, receives, holds, and delivers the money, other consideration, or instrument affecting title to real property. See Hawaii Revised Statutes 449-1
  • Establishment: means a single physical location where business is conducted. See Hawaii Revised Statutes 209E-2
  • Ethics courses: include ethics theory, ethical reasoning, ethical principles, ethical dilemmas, and professional ethics. See Hawaii Revised Statutes 451J-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 children: includes :

    (1) Persons under twenty-two years of age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities; provided that "exceptional children" shall not include "gifted and talented children";

    (2) Persons under twenty-two years of age who by reason of physical defects cannot attend the regular public school classes with normal children; and

    (3) Persons under twenty-two years of age who are certified by a licensed physician eligible for membership in the state medical society as being emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods. See Hawaii Revised Statutes 302A-101

  • Excess property: means any property which has a remaining useful life but which is no longer required by the using agency in possession of the property. See Hawaii Revised Statutes 103D-1201
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Expanded adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, and who may need the professional health services provided in an intermediate or skilled nursing facility. See Hawaii Revised Statutes 321-15.1
  • External procurement unit: means any buying organization not located in this State which, if located in this State, would qualify as a public procurement unit. See Hawaii Revised Statutes 103D-801
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or any site or area where a hazardous substance or pollutant or contaminant has been deposited, stored, disposed of, or placed, or otherwise comes to be located; but does not include any consumer product in consumer use. See Hawaii Revised Statutes 128D-1
  • Fair market price: means the price of a product or service paid by a willing buyer to a willing seller, that is reasonably comparable to prices on the open market. See Hawaii Revised Statutes 103D-1001
  • Fair market rental value: means an amount equal to one-half of the gross daily maintenance fees that are paid by the owner and are attributable to the time share unit located in Hawaii. See Hawaii Revised Statutes 237D-1
  • 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.
  • Family systems theories: means a body of research which focuses on understanding the family system and other social systems of the individual as integral to evaluating the etiology and providing treatment of mental and nervous disorders. See Hawaii Revised Statutes 451J-1
  • Federal credit: means :

    (1) For a transfer, the maximum amount of the credit for state death taxes allowed by section 2011 of the Internal Revenue Code, as it existed on December 31, 2000, for the decedent's adjusted taxable estate;

    (2) For a generation-skipping transfer, the maximum amount of the credit for state taxes allowed by section 2604 of the Internal Revenue Code as it existed on December 31, 2000; and

    (3) For a noncitizen transfer, the maximum amount of the credit for state death taxes allowed by section 2102 of the Internal Revenue Code, as it existed on December 31, 2000, for the decedent's adjusted taxable estate. See Hawaii Revised Statutes 236D-2

  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal estate tax: means the tax due to the United States with respect to a taxable transfer under chapter 11 of the Internal Revenue Code. See Hawaii Revised Statutes 236E-2
  • Federal generation-skipping transfer tax: means the tax due to the United States with respect to a taxable transfer under chapter 13 of the Internal Revenue Code. See Hawaii Revised Statutes 236E-2
  • Federal return: means the federal estate tax return with respect to the federal estate tax and means the federal generation-skipping transfer tax return with respect to the federal generation-skipping transfer tax. See Hawaii Revised Statutes 236E-2
  • Federal taxable estate: means the gross estate less allowable deductions, as determined under chapter 11 of the Internal Revenue Code. See Hawaii Revised Statutes 236E-2
  • Federal transfer tax: means the federal estate tax or the federal generation-skipping transfer tax. See Hawaii Revised Statutes 236E-2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial corporation: means :

    (1) Any corporation, domestic or foreign, other than a bank or building and loan association, that is a financial corporation within the meaning of section 5219 of the Revised Statutes of the United States, as amended (12 U. See Hawaii Revised Statutes 241-1

  • Financial holding company: means any corporation registered under the Federal Bank Holding Company Act of 1956, as amended, or registered as a savings and loan holding company under the Home Owners' Loan Act of 1933, as amended. See Hawaii Revised Statutes 241-1
  • Financial institution: means any bank, savings and loan association, financial services loan company, or credit union doing business in the State whose accounts are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or other similar or successor program of federal insurance. See Hawaii Revised Statutes 449-1
  • Financial institution: includes a bank, trust company, banking association, savings and loan association, mortgage company, investment bank, credit union, or nontraditional financial institution. See Hawaii Revised Statutes 211D-1
  • Financial services loan company: means any company which has been authorized to engage in the business of a financial services loan company pursuant to chapter 412. See Hawaii Revised Statutes 241-1
  • Financing: means furnishing risk capital to persons for use in the development or exploitation of specific inventions or products. See Hawaii Revised Statutes 211E-1
  • Firearm: means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon. See Hawaii Revised Statutes 134-1
  • Firearm receiver: includes any object or part that is not a firearm frame or receiver in finished form but that is designed or intended to be used for that purpose and may readily be made into a firearm frame or receiver through milling or other means. See Hawaii Revised Statutes 134-1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forbearance: A means of handling a delinquent loan. A
  • Force majeure event: means an event, including damaging weather or natural disasters such as epidemic disease, pest outbreak, high wind, thunderstorm, hailstorm, tornado, fire, flood, earthquake, lava flow or other volcanic activity, drought, tidal wave, hurricane, or without limiting or restricting the foregoing in any way, any event reasonably beyond the control of, and not attributable to neglect by, an agricultural business. See Hawaii Revised Statutes 209E-2
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • fuel: means all liquids ordinarily, practically, and commercially usable in internal combustion engines for the generation of power and includes liquefied petroleum gases, all distillates of and condensates from petroleum, natural gas, coal, coal tar, and vegetable ferments, such distillates and condensates being ordinarily designated as a gasoline, naphtha, benzol, benzine, and alcohols so usable but not restricted to such designation. See Hawaii Revised Statutes 243-1
  • Fugitive from justice: means any person (1) who has fled from any state, territory, the District of Columbia, or possession of the United States, to avoid prosecution for a felony or to avoid giving testimony in any criminal proceeding or (2) who has fled from any country other than the United States and is avoiding lawful extradition back to that country. See Hawaii Revised Statutes 134-1
  • Fund: means the environmental response revolving fund. See Hawaii Revised Statutes 128D-1
  • Fund: means the Hawaii capital loan revolving fund established in section 210-3. See Hawaii Revised Statutes 211D-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 excise tax law: means chapter 237, as amended from time to time. See Hawaii Revised Statutes 238-1
  • Generation-skipping transfer: means a generation-skipping transfer as defined and used in section 2611 of the Internal Revenue Code. See Hawaii Revised Statutes 236D-2
  • Generation-skipping transfer: means a generation-skipping transfer as defined and used in section 2611 of the Internal Revenue Code. See Hawaii Revised Statutes 236E-2
  • Genetic counseling practice: includes :

    (1) Obtaining and interpreting individual, family, medical, developmental, and reproductive histories;

    (2) Determining the mode of inheritance and risk of transmission of genetic conditions and birth defects;

    (3) Discussing the inheritance, features, natural history, means of diagnosis, and management of these conditions;

    (4) Identifying, coordinating, interpreting, and explaining genetic laboratory tests and other diagnostic studies;

    (5) Assessing psychological factors and recognizing social, educational, and cultural issues related to having or being at risk for genetic conditions;

    (6) Evaluating the client's or family's responses to the genetic condition or risk of having the genetic condition, and providing client-centered counseling and anticipatory guidance;

    (7) Communicating information to their clients in an understandable manner;

    (8) Facilitating informed decision-making about testing, treatment, and management;

    (9) Identifying and effectively using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and

    (10) Providing accurate written documentation of medical, genetic, and counseling information for families and health care professionals. See Hawaii Revised Statutes 451K-1

  • Genetic counselor: means a person licensed under this chapter who engages in genetic counseling practice. See Hawaii Revised Statutes 451K-1
  • Geographic bidding: includes the use of a competitive solicitation which provides for one or more contracts to be awarded on a regional or geographic basis with the State. See Hawaii Revised Statutes 103D-901
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals. See Hawaii Revised Statutes 103D-104
  • Governing body: means the council of each county, or any other body exercising the legislative powers of the county. See Hawaii Revised Statutes 47-1
  • Governmental body: means any department, commission, council, board, bureau, authority, committee, institution, legislative body, agency, government corporation, or other establishment or office of the executive, legislative, or judicial branch of the State, including the office of Hawaiian affairs, and the several counties of the State. See Hawaii Revised Statutes 103D-104
  • Governmental contracting agency: means the State, any county and any officer, bureau, board, commission, or other agency or instrumentality thereof. See Hawaii Revised Statutes 104-1
  • Governor: means the governor of the State of Hawaii. See Hawaii Revised Statutes 206-1
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • 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
  • Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. See Hawaii Revised Statutes 124B-1
  • Grant: means the furnishing of assistance, whether financial or otherwise, to any person to support a program authorized by law. See Hawaii Revised Statutes 103D-104
  • Grantor: The person who establishes a trust and places property into it.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Gross estate: means gross estate as defined and used in sections 2031 to 2046 of the Internal Revenue Code. See Hawaii Revised Statutes 236D-2
  • Gross estate: means gross estate as defined and used in sections 2031 to 2046 of the Internal Revenue Code. See Hawaii Revised Statutes 236E-2
  • gross rental proceeds: means the gross receipts, cash or accrued, of the taxpayer received as compensation for the furnishing of transient accommodations or entering into arrangements to furnish transient accommodations and the value proceeding or accruing from the furnishing of transient accommodations or entering into arrangements to furnish transient accommodations, including resort fees, without any deductions on account of the cost of property or services sold, the cost of materials used, labor cost, taxes, royalties, interest, discounts, or any other expenses whatsoever. See Hawaii Revised Statutes 237D-1
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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 estate tax: means the tax due to the State with respect to a taxable transfer, unless the context clearly indicates otherwise. See Hawaii Revised Statutes 236E-2
  • Hawaii generation-skipping transfer tax: means the tax due to the State with respect to a taxable transfer that gives rise to a federal generation-skipping transfer tax. See Hawaii Revised Statutes 236E-2
  • Hawaii input: includes but is not limited to:

    (1) The cost to mine, excavate, produce, manufacture, raise, grow, assemble, or fabricate the materials in Hawaii;
    (2) The added value of that portion of the cost of imported materials that is incurred after landing in Hawaii, including but not limited to other articles, materials, and supplies, added to the imported materials;
    (3) The cost of labor, variable overhead, utilities, and services, incurred in the production and manufacturing of materials or products in Hawaii; and
    (4) Fixed overhead cost and amortization or depreciation cost, if any, for buildings, tools, and equipment, situated and located in Hawaii and used in the production or manufacturing of a product. See Hawaii Revised Statutes 103D-1001
  • Hawaii net taxable estate: means Hawaii taxable estate less the applicable exclusion amount as set forth in § 236E-6. See Hawaii Revised Statutes 236E-2
  • Hawaii products: means products that are mined, excavated, produced, manufactured, raised, or grown in the State and where the cost of the Hawaii input towards the product exceeds fifty per cent of the total cost of the product; provided that:

    (1) Where the value of the input exceeds fifty per cent of the total cost, the product shall be classified as class I; and
    (2) Where any agricultural, aquacultural, horticultural, silvicultural, floricultural, or livestock product is raised, grown, or harvested in the State, the product shall be classified as class II. See Hawaii Revised Statutes 103D-1001
  • Hawaii state building codes: means the building codes and standards that the state building code council adopts under § 107-24. See Hawaii Revised Statutes 107-21
  • Hawaii transfer tax: means the Hawaii estate tax or the Hawaii generation-skipping transfer tax. See Hawaii Revised Statutes 236E-2
  • HAWIAN: means the Hawaii area-wide information network. See Hawaii Revised Statutes 21D-1
  • Hazardous substance: includes any substance designated pursuant to section 311(b)(2)(A) of the Clean Water Act; any element, compound, mixture, solution, or substance designated pursuant to section 102 of CERCLA; any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act; any toxic pollutant listed under section 307(a) of the Clean Water Act; any hazardous air pollutant listed under section 112 of the Clean Air Act, as amended (42 U. See Hawaii Revised Statutes 128D-1
  • Health and human services: means services to communities, families, or individuals which are intended to maintain or improve health or social well-being. See Hawaii Revised Statutes 103F-102
  • Hearing: means any meeting in the course of an investigatory proceeding, other than a preliminary conference or interview at which no testimony is taken under oath, conducted by an investigating committee for the purpose of taking testimony or receiving other evidence. See Hawaii Revised Statutes 21-2
  • Hearing aid: means any wearable instrument or device and any parts, attachments, or accessories, including earmold, but excluding batteries and cords, designed or offered for the purpose of aiding or compensating impaired human hearing. See Hawaii Revised Statutes 451A-1
  • High occupancy vehicle: means a vehicle carrying at least the minimum number of persons designated by the director of transportation as indicated on official signs and other official traffic-control devices, and other vehicles as provided by rules adopted in accordance with chapter 91 or by county ordinance. See Hawaii Revised Statutes 291C-221
  • High occupancy vehicle lane: means a designated lane of a laned roadway where the use of the designated lane is restricted to school buses, vehicles carrying at least the minimum number of persons designated by the director of transportation on official signs and other official traffic-control devices, and to other vehicles as provided by rules adopted in accordance with chapter 91, or by county ordinance. See Hawaii Revised Statutes 291C-221
  • Highly intoxicated driver: means a person whose measurable amount of alcohol is:

    (1) . See Hawaii Revised Statutes 291E-1
  • Highway: means the entire width between the boundary lines of every way publicly maintained and those private streets, as defined in § 46-16, over which the application of this chapter has been extended by ordinance, when any part thereof is open to the use of the public for purposes of vehicular travel. See Hawaii Revised Statutes 291C-1
  • Homeland security: means a concerted effort to:
    (1) Prevent terrorist attacks within the United States;
    (2) Reduce the State's vulnerability to attacks and terrorist activities; and
    (3) Minimize the damage and recover from attacks that occur. See Hawaii Revised Statutes 128A-2
  • Homeopathic: means minute doses of substances that have been highly diluted and shaken according to standardized pharmaceutical methods. See Hawaii Revised Statutes 455-1
  • Hospice home: means any facility operated by a licensed hospice service agency providing twenty-four-hour living accommodations to no more than five unrelated persons who are admitted for hospice service. See Hawaii Revised Statutes 321-15.1
  • House trailer: means :

    (1) A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or
    (2) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (1), but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Hawaii Revised Statutes 291C-1
  • Household member: means :

    (1) Persons who reside in the same dwelling unit as the respondent; or
    (2) Persons under twenty-one years of age who are related to the respondent by marriage, blood, or adoption, regardless of whether they reside in the same dwelling unit with the respondent. See Hawaii Revised Statutes 291E-1
  • Hurricane resistant criteria: means the design criteria for enhanced hurricane protection areas that are capable of withstanding a five hundred-year hurricane event, as developed by the state department of defense for public shelter and residential safe room design criteria. See Hawaii Revised Statutes 107-21
  • Hygiene and immunization: means the use of preventative techniques including personal hygiene, asepsis, public health, and, to the extent allowed by rule, immunizations. See Hawaii Revised Statutes 455-1
  • Ignition interlock device: means a breath alcohol ignition interlock device that is certified pursuant to section 291E-6 and rules adopted thereunder that, when affixed to the ignition system of a motor vehicle, prevents the vehicle from being started without first testing, and thereafter from being operated without periodically retesting, a deep-lung breath sample of the person required to use the device that indicates the person's alcohol concentration is less than . See Hawaii Revised Statutes 291E-1
  • Impair: means to weaken, to lessen in power, to diminish, to damage, or to make worse by diminishing in some material respect or otherwise affecting in an injurious manner. See Hawaii Revised Statutes 291E-1
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • In a representative capacity: means acting as:

    (1) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

    (2) A public officer, personal representative, guardian, or other representative, in the capacity stated in an applicable document;

    (3) An agent or attorney-in-fact for a principal; or

    (4) An authorized representative of another in any other capacity. See Hawaii Revised Statutes 456-1.6

  • Incapacitated person: means a person as defined in § 560:5-102. See Hawaii Revised Statutes 560:5-601
  • 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.
  • Industrial oil: means any compressor, turbine, or bearing oil, hydraulic oil, metal working oil or refrigeration oil. See Hawaii Revised Statutes 103D-1302
  • Information technology design and production services: means computer software development, imagery creation, and data compilation, but not consumer sales or service businesses. See Hawaii Revised Statutes 209E-2
  • Informed assent: means a process by which a ward who lacks the legal capacity to consent to sterilization is given a fair opportunity to acknowledge the nature, risks, and consequences of the procedure and, insofar as the ward is able to, indicates willingness and choice to undergo sterilization. See Hawaii Revised Statutes 560:5-601
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Innovation: means any new product or invention. See Hawaii Revised Statutes 211E-1
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interbank broker: means a person, who for a fee, brokerage, or other compensation, either directly or indirectly, provides brokerage services as an intermediary or agent in transactions between financial institutions where one financial institution:

    (1) Supplies funds to another financial institution by making a loan, placing funds in a deposit account, or otherwise extending credit to the other institution;

    (2) Buys, sells, trades, or swaps currency, commercial paper, banker's acceptances, negotiable certificates of deposit, treasury bills, notes, or bonds with another financial institution; or

    (3) Enters into interest rate swaps, forward rate agreements, or interest rate futures contracts with another financial institution. See Hawaii Revised Statutes 241-1

  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interested person: means an interested, responsible adult, including but not limited to a public official, the legal guardian, spouse or reciprocal beneficiary, parent, legal counsel, adult child, or next of kin of a person allegedly mentally ill, mentally deficient, or as otherwise provided in this chapter. See Hawaii Revised Statutes 560:5-601
  • Internal Revenue Code: includes the federal tax principles of alter ego, nominee, sham transaction, substance over form, economic substance, or business purpose, as those principles are developed by statute or common law. See Hawaii Revised Statutes 236D-2
  • Internal Revenue Code: means subtitle B of the federal Internal Revenue Code of 1986, as amended as of December 31, 2022, as it applies to the determination of gross estate, adjusted gross estate, federal taxable estate, and generation-skipping transfers, except those provisions of the Internal Revenue Code and federal public laws that, pursuant to this chapter, do not apply or are otherwise limited in application. See Hawaii Revised Statutes 236E-3
  • interoperable communications: means the ability of first responder and emergency management agencies to communicate with one another via communication systems, including exchanging voice and data with one another on demand, in real time, when needed, and as authorized. See Hawaii Revised Statutes 128A-11
  • Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. See Hawaii Revised Statutes 291C-1
  • Intestate: Dying without leaving a will.
  • Intoxicant: means alcohol or any drug, as defined in this section. See Hawaii Revised Statutes 291E-1
  • Investigating committee: means any of the following which are authorized to compel the attendance and testimony of witnesses or the production of books, records, papers, and documents for the purpose of securing information on a specific subject for the use of the legislature:

    (1) A standing or special or select committee or committee of the whole of either house of the legislature;
    (2) A joint committee of both houses;
    (3) An authorized subcommittee of a legislative committee; and
    (4) Any body created by law, the members of which may include nonlegislators. See Hawaii Revised Statutes 21-2
  • Invitation for bids: means all documents, whether attached or incorporated by reference, utilized for soliciting bids. See Hawaii Revised Statutes 103D-104
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Item: means any check (including a cashier's or certified check), negotiable order of withdrawal, draft, traveler's check, or money order. See Hawaii Revised Statutes 449-1
  • 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.
  • Joint employment: means an employment arrangement:

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

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

    (3) In which two or more employers are not completely disassociated with respect to the employment of a particular employee and may be deemed to share control of the employee, directly or indirectly, by reason of the fact that one employer controls, is controlled by, or is under common control of the other employer. See Hawaii Revised Statutes 209E-2

  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Journey worker electrician: means any person who has been licensed by the board as a journey worker electrician to perform electrical work. See Hawaii Revised Statutes 448E-1
  • Journey worker industrial electrician: means any person who has been licensed by the board as a journey worker industrial electrician to perform and maintain electrical work related to substation, switchgear, automatic controls, and all other industrial electrical work in existing industrial buildings and work places. See Hawaii Revised Statutes 448E-1
  • Journey worker plumber: means any person who has been licensed by the board as a journey worker plumber to direct and supervise the performance of plumbing work and to perform plumbing work. See Hawaii Revised Statutes 448E-1
  • Journey worker specialty electrician: means any person who has been licensed by the board as a journey worker specialty electrician to perform electrical work related to installing, repairing, altering, and maintaining but not the attachment of lighting and power circuits to, the following: electronic equipment, sound public address systems, and communication systems, other than equipment and systems for a single-family or two-family dwelling; master or community radio and television receiving antenna systems; sound recording systems, other than systems for a single-family or two-family dwelling; burglar and fire alarm systems; low voltage remote control, other than a control for a single-family or two-family dwelling; and low voltage communication signal systems. See Hawaii Revised Statutes 448E-1
  • Judge: means any judge of the family court or per diem judge appointed by the chief justice as provided in section 604-2. See Hawaii Revised Statutes 560:5-601
  • Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:

    (1) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one of the above;
    (2) Certified as a non-federally recognized judge advocate by the senior force judge advocate as competent to perform the military justice duties required by this chapter; or
    (3) Certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs; provided that there is no judge advocate available as described under paragraph (1) or (2). See Hawaii Revised Statutes 124B-1
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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.
  • Lands: means either undeveloped lands or land together with improvements and appurtenances and includes real property as defined in § 201H-1. See Hawaii Revised Statutes 206-1
  • Laned roadway: means roadway which is divided into two or more clearly marked lanes for vehicular traffic. See Hawaii Revised Statutes 291C-1
  • Law enforcement officer: means any public servant, whether employed by the State, a county, or by the United States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, and includes a conservation and resources enforcement officer as specified in section 199-3. See Hawaii Revised Statutes 291E-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
  • Leased employee: means an employee under a professional employer organization arrangement who is assigned to a particular client company on a substantially full-time basis for at least one year. See Hawaii Revised Statutes 209E-2
  • leasing: includes all forms of lease, regardless of whether the lease is an operating lease or financing lease. See Hawaii Revised Statutes 238-1
  • Legal officer: means any commissioned officer of the organized militia of the State designated to perform legal duties for a command. See Hawaii Revised Statutes 124B-1
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessor: means any person in the business of providing rental motor vehicles to the public. See Hawaii Revised Statutes 251-1
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. See Hawaii Revised Statutes 302A-101
  • License: means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State and includes:

    (1) Any learner's permit or instruction permit;
    (2) The privilege of any person to operate a motor vehicle, regardless of whether the person holds a valid license;
    (3) Any nonresident's operating privilege; and
    (4) The eligibility, including future eligibility, of any person to apply for a license or privilege to operate a motor vehicle. See Hawaii Revised Statutes 291E-1
  • Licensed dietitian: means a person who uses the title of licensed dietitian or dietitian and has been licensed to practice dietetics under this chapter. See Hawaii Revised Statutes 448B-1
  • Licensed genetic counselor: means an individual who holds a license in good standing to practice genetic counseling under this chapter. See Hawaii Revised Statutes 451K-1
  • licensed marriage and family therapist: means a person who uses the title of marriage and family therapist or licensed marriage and family therapist, who has been issued a license under this chapter, and whose license is in effect and not revoked or suspended at the time in question. See Hawaii Revised Statutes 451J-1
  • Licensed mental health counselor: means a person:

    (1) Who engages in the practice of mental health counseling and uses the title of licensed mental health counselor;

    (2) Who has been issued a license under this chapter; and

    (3) Whose license is in effect and not revoked or suspended. See Hawaii Revised Statutes 453D-1

  • Licensure and discipline data: means identifying information that includes but is not limited to the licensee's name, address, social security number, date of birth, and nursing education. See Hawaii Revised Statutes 457-2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lieutenant governor: means the lieutenant governor of the State of Hawaii. See Hawaii Revised Statutes 206-1
  • Liquor law: means chapter 281. See Hawaii Revised Statutes 244D-1
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: includes a line of credit. See Hawaii Revised Statutes 211D-1
  • Local contact: means an individual residing on the same island as the transient accommodation or resort time share vacation unit or an entity with a place of business and at least one employee, officer, partner, member, or other person working on behalf of the company who is residing on the same island as the transient accommodation or resort time share vacation unit. See Hawaii Revised Statutes 237D-1
  • Local public procurement unit: means any county of the State or public agency of any county, public authority, educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the procurement of goods, services, and construction. See Hawaii Revised Statutes 103D-801
  • Lubricating oil: means any oil intended for use in an internal combustion crankcase, transmission, gearbox or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine. See Hawaii Revised Statutes 103D-1302
  • Maintenance electrician: means any person who has been licensed by the board as a maintenance electrician to maintain electrical work. See Hawaii Revised Statutes 448E-1
  • Maritime: means the administration of chapter 266 by the department of transportation. See Hawaii Revised Statutes 206J-2
  • mark: means any trademark or service mark entitled to registration under chapter 482, whether registered or not. See Hawaii Revised Statutes 302A-1901
  • Marriage and family therapy intern: means a person who has completed all educational requirements stipulated in section 451J-7(1)(A) and who is currently earning supervised clinical experience in marriage and family therapy under clinical supervision. See Hawaii Revised Statutes 451J-1
  • Master plumber: means any person who has been licensed by the board as a master plumber to direct and supervise the performance of plumbing work and to perform plumbing work and who provides overall supervision and general direction and is responsible for proper installation of plumbing work. See Hawaii Revised Statutes 448E-1
  • Measurable amount of alcohol: means a test result equal to or greater than . See Hawaii Revised Statutes 291E-1
  • Medical and health care services: means medical research and clinical trials, but not routine medical treatment or services. See Hawaii Revised Statutes 209E-2
  • Medicare or medicaid certified nursing facility: means any intermediate care facility or skilled nursing facility licensed pursuant to section 321-11(10) and certified by the department of health in accordance with 42 United States Code §§ 1395i-3 and 1396r. See Hawaii Revised Statutes 457A-1.5
  • Medicare or medicaid nurse aide: means a certified nurse aide who works in a medicare or medicaid certified nursing facility. See Hawaii Revised Statutes 457A-1.5
  • Medium-sized business: means a corporation, partnership, sole proprietorship, or other legal entity that:

    (1) Is domiciled in this State;

    (2) Is formed to make a profit; and

    (3) Employs one hundred or more but fewer than five hundred full-time employees. See Hawaii Revised Statutes 211D-1

  • Micro wireless facilities: means a small wireless facility having a dimension no larger than twenty-four inches in height, fifteen inches in width, and twelve inches in depth; provided that the exterior antenna, if any, does not exceed eleven inches in length. See Hawaii Revised Statutes 206N-2
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Military court: means a court-martial or court of inquiry. See Hawaii Revised Statutes 124B-1
  • Military judge: means an official of a general or special court-martial detailed in accordance with part V of this chapter. See Hawaii Revised Statutes 124B-1
  • Military offenses: means those offenses that are enumerated in part X of this chapter that do not have a corresponding offense in the civilian penal code. See Hawaii Revised Statutes 124B-1
  • Minor office procedures: means care and procedures relative to superficial lacerations, lesions, and abrasions, and the removal of foreign bodies located in superficial structures not including the eye; and the topical and parenteral use of substances consistent with the practice of naturopathic medicine, in accordance with rules established by the board. See Hawaii Revised Statutes 455-1
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Moped: means a device upon which a person may ride that has :

    (1) Two or three wheels in contact with the ground;
    (2) A motor having a maximum power output capability measured at the motor output shaft, in accordance with SAE International standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3. See Hawaii Revised Statutes 291C-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor scooter: means :

    (1) Every motor vehicle that has a handlebar and seating that requires the operator to straddle or sit astride on it and is designed to travel on no more than three wheels in contact with the ground, but excludes a farm tractor; or
    (2) Every motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride on it, and is designed to travel on three wheels in contact with the ground, called an autocycle, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture, with a motor that produces no more than five horsepower, but excludes a moped. See Hawaii Revised Statutes 291C-1
  • Motor vehicle: means every vehicle which is self-propelled and every vehicle which is propelled by electric power but not operated upon rails but excludes a moped. See Hawaii Revised Statutes 291C-1
  • Motorcycle: means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excludes a farm tractor and a moped. See Hawaii Revised Statutes 291C-1
  • multiple-party account: is a ny of the following types of account:

    (1) a joint account,

    (2) a payable-on-death account, or

    (3) a trust account. See Hawaii Revised Statutes 560:6-101

  • National contingency plan: means the national contingency plan published under section 311(d) of the Clean Water Act or revised pursuant to section 105 of CERCLA. See Hawaii Revised Statutes 128D-1
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Natural resources: means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the State of Hawaii, any county, or by the United States to the extent that the latter are subject to state law. See Hawaii Revised Statutes 128D-1
  • Naturopathic formulary: means vitamins, minerals, dietary supplements, botanical medicines, homeopathic medicines, hormones, and those legend drugs consistent with naturopathic medical practice. See Hawaii Revised Statutes 455-1
  • Naturopathic medicine: means the practice of the art and science of diagnosis, prevention, and treatment of disorders of the body by support, stimulation, or both, of the natural processes of the human body. See Hawaii Revised Statutes 455-1
  • Naturopathic physician: means a person who holds a current license issued under this chapter to practice naturopathic medicine. See Hawaii Revised Statutes 455-1
  • NCSBN: means the National Council of State Boards of Nursing. See Hawaii Revised Statutes 457-2
  • Necessary: means any methods, measures, or other actions or determinations as are needed in the opinion of the governor, or the governor's authorized representative, or a mayor, or a mayor's authorized representative. See Hawaii Revised Statutes 128A-2
  • Neighborhood electric vehicle: means a self-propelled electrically powered motor vehicle to which all of the following apply:

    (1) The vehicle is emission free;

    (2) The vehicle is designed to be and is operated at speeds of twenty-five miles per hour or less;
    (3) The vehicle has four wheels in contact with the ground;
    (4) The vehicle has a gross vehicle weight rating of less than three thousand pounds; and
    (5) The vehicle conforms to the minimum safety equipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. See Hawaii Revised Statutes 291C-1
  • NMLS: means a licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the state licensing and registration of state-licensed loan originators and other financial services providers, or any system provided by the Consumer Financial Protection Bureau. See Hawaii Revised Statutes 449-1
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Noncitizen transfer: means a transfer within the meaning of section 2101 of the Internal Revenue Code. See Hawaii Revised Statutes 236D-2
  • Nonprofit organization: means a private, nonprofit, tax-exempt corporation, association, or organization listed in section 501(c)(3), Internal Revenue Code of 1986, as amended, that is domiciled in this State. See Hawaii Revised Statutes 211D-1
  • Nonresident: means a decedent who was not domiciled in Hawaii at time of death. See Hawaii Revised Statutes 236D-2
  • Nonresident: means a decedent who was not domiciled in the State at time of death. See Hawaii Revised Statutes 236E-2
  • Nonresident not a citizen: means a nonresident who is not a citizen of the United States. See Hawaii Revised Statutes 236D-2
  • Notarial act: includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. See Hawaii Revised Statutes 456-1.6
  • Notary public: means an individual commissioned to perform a notarial act by the attorney general under this chapter. See Hawaii Revised Statutes 456-1.6
  • notice: means the written notice issued to the respondent pursuant to section 291E-33. See Hawaii Revised Statutes 291E-1
  • Number plates: refer to the number plates or special number plates, which are commonly known as license plates, that are issued under sections 249-9, 249-9. See Hawaii Revised Statutes 291E-1
  • Nurse: means a person licensed under this chapter or a person who holds a license under the laws of another state or territory of the United States that is equivalent to a license under this chapter. See Hawaii Revised Statutes 457-2
  • Nurse aide: means a person who performs a variety of duties relating to patients and patient care while working under the supervision of a nurse, including assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress. See Hawaii Revised Statutes 457A-1.5
  • Nursing home: means any nursing facility licensed by the department of health. See Hawaii Revised Statutes 457B-2
  • Nursys: means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards. See Hawaii Revised Statutes 457-2
  • Nutrition and food science: means the prevention and treatment of disease or other human conditions through the use of diet. See Hawaii Revised Statutes 455-1
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means any bondholder, agents or trustees for any bondholders, or lessor demising to the board property used in conjunction with a development project, or any assignee of the lessor's interest or any part thereof, and the federal government when it is a party to any contract with the board. See Hawaii Revised Statutes 206-1
  • Occupant: means an owner of a resort time share vacation plan or other person occupying the resort time share vacation unit. See Hawaii Revised Statutes 237D-1
  • Office: means space within a structure that is leased, subleased, rented, or owned by the unaccredited institution or one or more of its officers or directors for the exclusive use by the unaccredited institution, as evidenced by a written lease agreement, sublease agreement, rental agreement, or conveyance document, and shall not include an arrangement for mail forwarding services or mailbox rental. See Hawaii Revised Statutes 446E-1
  • Office: means the Hawaii broadband and digital equity office. See Hawaii Revised Statutes 206S-1
  • Office paper: includes computer paper, bond paper, ledger paper, xerographic copier paper, envelopes, and other related types of paper on which printing, writing, or drawing is intended. See Hawaii Revised Statutes 103D-1001
  • Officer: means a commissioned officer. See Hawaii Revised Statutes 124B-1
  • Officer in charge: means a member of the state military forces designated by the appropriate authority. See Hawaii Revised Statutes 124B-1
  • Oil: means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes, crude oil or any fraction or residue. See Hawaii Revised Statutes 128D-1
  • On-line: means accessed by the use of data communications hardware and software. See Hawaii Revised Statutes 21D-1
  • Operate: means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway or to navigate or otherwise use or assume physical control of a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
  • Operator: means any person operating a transient accommodation, whether as owner or proprietor or as lessee, sublessee, mortgagee in possession, licensee, or otherwise, or engaging or continuing in any service business which involves the actual furnishing of transient accommodation. See Hawaii Revised Statutes 237D-1
  • operator: means :

    (1) In the case of a vessel, any person owning, operating, or chartering by demise the vessel;

    (2) In the case of an onshore facility or an offshore facility, any person owning or operating the facility; and

    (3) In the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of a state or local government, any person who owned, operated, or otherwise controlled activities at the facility immediately beforehand. See Hawaii Revised Statutes 128D-1

  • Operator: means a person who drives or assumes actual physical control of a vehicle or a person who operates, navigates, or who has an essential role in the operation of a vessel underway. See Hawaii Revised Statutes 291E-1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Originating site: means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a nurse through telehealth, including but not limited to a nurse's or health care provider's office, hospital, health care facility, a patient's home, and other non-medical environments such as school-based health centers, university-based health centers, or the work location of a patient. See Hawaii Revised Statutes 457-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Overtime compensation: means compensation based on not less than one and one-half times the laborers or mechanics basic hourly rate of pay plus the cost to an employer of furnishing a laborer or mechanic with fringe benefits as described in the definition of "wages"; provided that if the department determines that a prevailing wage is defined by a collective bargaining agreement, the overtime compensation shall be at the rates set by the applicable collective bargaining agreement. See Hawaii Revised Statutes 104-1
  • Owner: means any person who owns a resort time share vacation interest; provided that to the extent and for those purposes provided in an agreement of sale, the vendee under the agreement of sale shall be considered the owner of the resort time share vacation interest. See Hawaii Revised Statutes 237D-1
  • Owner: means a person, other than a lien holder, having the property in or title to a vehicle. See Hawaii Revised Statutes 291C-1
  • Parenteral therapy: means the administration of substances by means other than through the gastrointestinal tract, including intravenous, subcutaneous and intramuscular injection. See Hawaii Revised Statutes 455-1
  • parking: means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. See Hawaii Revised Statutes 291C-1
  • Participating financial institution: means a financial institution participating in the program. See Hawaii Revised Statutes 211D-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account. See Hawaii Revised Statutes 560:6-101
  • Past performance: means available recent and relevant performance of a contractor, including positive, negative, or lack of previous experience, on contracts that shall be considered in a responsibility determination within the relevance of the current solicitation, including the considerations of section 103D-702(b). See Hawaii Revised Statutes 103D-104
  • Pedestrian: means any person afoot, in an invalid chair, or in a vehicle propelled by a person afoot. See Hawaii Revised Statutes 291C-1
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Permittee: means the holder of a permit provided for in § 244D-2. See Hawaii Revised Statutes 244D-1
  • Person: means every individual, partnership, firm, society, unincorporated association, joint venture, group, hui, joint stock, company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other entities, whether the persons are doing business for themselves or in any agency or fiduciary capacity. See Hawaii Revised Statutes 103D-1001
  • Person: means an individual, partnership, corporation, firm, association, or any other legal entity. See Hawaii Revised Statutes 446-1
  • Person: means an individual, partnership, society, unincorporated association, joint adventure, group, hui, joint stock company, corporation, trustee, or other fiduciary, or other entity. See Hawaii Revised Statutes 244D-1
  • Person: means , in addition to the singular, persons, group of persons, cooperative association, company, firm, partnership, corporation, or other legal entity, and includes the agents and employees of any person. See Hawaii Revised Statutes 449-1
  • Person: means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, political subdivision of the State, or, to the extent they are subject to this chapter, the United States or any interstate body. See Hawaii Revised Statutes 128D-1
  • Person: means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any form of business or legal entity. See Hawaii Revised Statutes 46-122
  • Person: means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity and, to the extent permitted by law, any federal, state, or other governmental unit or subdivision or agency, department, or instrumentality thereof. See Hawaii Revised Statutes 236D-2
  • Person: means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity and, to the extent permitted by law, any federal, state, or other governmental unit or subdivision or agency, department, or instrumentality thereof. See Hawaii Revised Statutes 236E-2
  • Personal property: means all tangible goods, including equipment, materials and supplies, except land, buildings, and improvement to the land. See Hawaii Revised Statutes 103D-1101
  • Personal property: All property that is not real property.
  • Personal representative: means the personal representative of a decedent appointed under chapter 560, and includes an executor (as defined under section 2203 of the Internal Revenue Code), administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Hawaii Revised Statutes 236D-2
  • Personal representative: means the personal representative of a decedent appointed under chapter 560, and includes an executor as defined under section 2203 of the Internal Revenue Code, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Hawaii Revised Statutes 236E-2
  • Petroleum product: means any liquid hydrocarbon at standard temperature and pressure that is the product of the fractionalization, distillation, or other refining or processing of crude oil. See Hawaii Revised Statutes 243-1
  • Physical modalities: means use of physical, chemical, electrical, and other means, including but not limited to heat, cold, air, light, including lasers, water in any of its forms, sound, massage, and therapeutic exercise. See Hawaii Revised Statutes 455-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan manager: means a person who undertakes the duties, responsibilities, and obligations of managing a resort time share vacation plan or is required to act for a resort time share vacation plan under this chapter. See Hawaii Revised Statutes 237D-1
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Police officer: means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Hawaii Revised Statutes 291C-1
  • Policy board: means the procurement policy board created in § 103D-201. See Hawaii Revised Statutes 103D-104
  • Political subdivision: means a county. See Hawaii Revised Statutes 206-1
  • Pollutant or contaminant: means any element, substance, compound, or mixture, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. See Hawaii Revised Statutes 128D-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
  • Power-generating facility: means any electricity-generating facility that requires a permit issued under the federal Clean Air Act (42 U. See Hawaii Revised Statutes 243-1
  • Practice of dealing and fitting of hearing aids: means the measurement of human hearing by an audiometer or by any other means solely for the purpose of making selections, adaptations, or sales of hearing aids or the manufacture of impressions for earmolds, and, at the request of a physician or a member of a profession related to the practice of medicine and surgery, the administration of audiograms for use in consultation with the hard-of-hearing. See Hawaii Revised Statutes 451A-1
  • Practice of mental health counseling: includes but is not limited to:

    (1) The assessment, diagnosis, and treatment of, and counseling for, mental and emotional disorders;

    (2) The assessment, diagnosis, and treatment of, and counseling for, substance abuse and conduct disorders defined in the approved diagnostic and statistical manual for mental disorders;

    (3) The application of educational techniques aimed at the prevention of these disorders; and

    (4) The provision of consultative services to individuals, couples, families, groups, organizations, and communities. See Hawaii Revised Statutes 453D-1

  • practice of nursing as a licensed practical nurse: means the performance of those acts commensurate with the required educational preparation and demonstrated competency of the individual, whereby the individual shall be accountable and responsible to the consumer for the quality of nursing care rendered. See Hawaii Revised Statutes 457-2
  • practice of nursing as a registered nurse: means the performance of professional services commensurate with the educational preparation and demonstrated competency of the individual having specialized knowledge, judgment, and skill based on the principles of the biological, physical, behavioral, and sociological sciences and nursing theory, whereby the individual shall be accountable and responsible to the consumer for the quality of nursing care rendered. See Hawaii Revised Statutes 457-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary alcohol screening device: means a device designed to detect and verify the presence of alcohol or provide an estimated value of alcohol concentration. See Hawaii Revised Statutes 291E-1
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Prepaid dental insurance: means any contractual arrangement for dental services provided directly or arranged for or administered directly on a prepaid individual, group, or capitation basis. See Hawaii Revised Statutes 448D-1
  • Presence: means offering courses, programs, or degrees or maintaining a campus, or an administrative, corporate, or other address in this State. See Hawaii Revised Statutes 446E-1
  • President: means the detailed member senior in rank of a court-martial then serving. See Hawaii Revised Statutes 124B-1
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Price: means the total amount for which property, services, or contracting are purchased, valued in money, whether paid in money or otherwise, and wheresoever paid; provided that cash discounts allowed and taken on sales shall not be included. See Hawaii Revised Statutes 238-1
  • Principal: means a manager and anyone else who supervises or is in charge of the applicant or licensee. See Hawaii Revised Statutes 449-1
  • Printed material: includes business forms, stationery, business cards, brochures, reports, publications, advertising and promotional collateral, and other related materials, including reports, publications, and related materials commissioned as part of any professional services contract. See Hawaii Revised Statutes 103D-1001
  • Private road or driveway: means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Hawaii Revised Statutes 291C-1
  • Privilege: refers to the authority to operate a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 103D-104
  • Procurement officer: means any person authorized to enter into and administer contracts and make written determinations with respect thereto. See Hawaii Revised Statutes 103D-104
  • Products: include materials, manufactures, supplies, merchandise, goods, wares, products, and foodstuffs. See Hawaii Revised Statutes 103D-1001
  • Professional services: means those services within the scope of the practice of architecture, landscape architecture, professional engineering, land surveying, real property appraisal, law, medicine, accounting, dentistry, public finance bond underwriting, public finance bond investment banking, or any other practice defined as professional by the laws of this State or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook. See Hawaii Revised Statutes 103D-104
  • Program: means the broadband infrastructure grant program established by this chapter. See Hawaii Revised Statutes 206R-1
  • Program: means the capital access program. See Hawaii Revised Statutes 211D-1
  • Project: means an undertaking of work or improvement of public or private real or personal property or any interest therein, developed, acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by the development corporation, by itself or in conjunction with qualified persons, and including public facilities and, any law to the contrary notwithstanding, facilities for and functionally related and subordinate to maritime purposes. See Hawaii Revised Statutes 206J-2
  • Project: means a proposed deployment of wireline broadband infrastructure set forth in an application for grant funding authorized under this chapter. See Hawaii Revised Statutes 206R-1
  • Project area: means an area identified by a shapefile that is proposed to be covered in an application for grant funding authorized under this chapter. See Hawaii Revised Statutes 206R-1
  • Project cost: means the total cost in carrying out all undertakings that the development corporation deems reasonable and necessary for the development of a project, including but not limited to the cost of studies, surveys, plans, and specifications, architectural, design, engineering, or any other special related services; the cost of site preparation and development, demolition, construction, reconstruction, rehabilitation, and improvement; the cost of financing such project, including interest on bonds issued to finance such project from the date thereof to the estimated date of completion of such project as determined by the board; the cost of an allocable portion of the administrative and operating expenses of the development corporation related to the development of such project; and the cost of any indemnity and surety bonds, premiums on policies of insurance, legal fees, and fees and expenses of trustees, depositories, and paying agents for the bonds; all as the development corporation shall deem necessary. See Hawaii Revised Statutes 206J-2
  • Proof of death: includes a death certificate or record or report which is prima facie proof of death under § 560:1-107;

    "Request" means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;

    "Sums on deposit" means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;

    "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Hawaii Revised Statutes 560:6-101

  • Property: means tangible personal property, intangible property, and prepaid telephone calling services but does not include:

    (1) Newspapers or other periodical publications purchased on the subscription plan, issued at stated intervals as frequently as four times a year, and of the class admitted to the United States mails as second class matter under the laws and regulations governing the postal service on January 1, 1965;

    (2) Securities as defined in title 15 United States Code § 78c or similar laws of jurisdictions outside the United States;

    (3) Commodities for future delivery and other agreements, options, and rights as defined in title 7 United States Code § 2 that are permitted to be traded on a board of trade designated by the Commodities Futures Trading Commission under the Commodity Exchange Act;

    (4) Evidence of indebtedness;

    (5) Interest in land; or

    (6) Dividends as defined by chapter 235. See Hawaii Revised Statutes 238-1

  • Property: means all goods, including equipment, materials, supplies, land, buildings, and other improvements to the land, also non-tangible items such as patents, inventions, and copyrights. See Hawaii Revised Statutes 103D-1201
  • Property: means :

    (1) For a transfer, property included in the gross estate; and

    (2) For a generation-skipping transfer, all real and personal property subject to the federal generation-skipping transfer tax. See Hawaii Revised Statutes 236D-2

  • Property: means property included in the gross estate. See Hawaii Revised Statutes 236E-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prospective purchaser: means a prospective owner, operator, tenant, developer, lender, or any other party who would not otherwise be liable under § 128D-6, prior to a voluntary response action being conducted. See Hawaii Revised Statutes 128D-32
  • Provider: means an organization or individual contracted by a state agency to provide health or human services to the public on its behalf. See Hawaii Revised Statutes 103F-102
  • Public agency: means any agency of the State or county. See Hawaii Revised Statutes 103D-1001
  • Public agency: means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206J-2
  • Public facilities: means streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the area, parking garages, sidewalks, pedestrian ways, parks, and other community facilities. See Hawaii Revised Statutes 206J-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public procurement unit: means either a local public procurement unit or a state public procurement unit. See Hawaii Revised Statutes 103D-801
  • Public schools: means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D. See Hawaii Revised Statutes 302A-101
  • Public work: means any project, including development of any housing pursuant to § 46-15 or chapter 201H and development, construction, renovation, and maintenance related to refurbishment of any real or personal property, where the funds or resources required or used to undertake the project are to any extent derived, either directly or indirectly, from public revenues of the State or any county, or from the sale of securities or bonds whose interest or dividends are exempt from state or federal taxes. See Hawaii Revised Statutes 104-1
  • Purchase description: means the words used in a solicitation to describe the goods, services, or construction to be purchased, and includes specifications attached to, or made a part of, the solicitation. See Hawaii Revised Statutes 103D-104
  • Purchaser: means any person purchasing property, services, or contracting and "importer" means any person importing property, services, or contracting, regardless if at the time of importation, the property, services, or contracting is owned by the importer, purchased from an unlicensed seller, or however acquired; provided that the terms "purchaser" and "importer" shall not include the State, its political subdivisions, or wholly owned agencies or instrumentalities of the State or a political subdivision; or the United States, its wholly owned agencies or instrumentalities, or any person immune from the tax imposed by this chapter under the Constitution and laws of the United States but the terms shall include national banks. See Hawaii Revised Statutes 238-1
  • Purchasing agency: means any governmental body which is authorized by this chapter or its implementing rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods, services, or construction. See Hawaii Revised Statutes 103D-104
  • Purchasing agency: means a state agency authorized to or responsible for entering into contracts to provide health or human services to the public. See Hawaii Revised Statutes 103F-102
  • Qualified aquaculturist: means a person, or association of persons, actively engaged in aquaculture farming, aquacultural produce processing, or aquacultural product development activities. See Hawaii Revised Statutes 219-2
  • Qualified business: means any corporation, partnership, limited liability company, or sole proprietorship authorized to do business in the State that is qualified under section 209E-9, subject to the state corporate or individual income tax under chapter 235, and is engaged in an eligible business activity as defined in this chapter. See Hawaii Revised Statutes 209E-2
  • Qualified community rehabilitation program: means a nonprofit community rehabilitation program for individuals with disabilities that:

    (1) Is organized and incorporated under the laws of the United States or this State, and located in this State;
    (2) Is operated in the interest of and employs individuals with disabilities;
    (3) Does not inure any part of its net income to any shareholder or other individual;
    (4) Complies with all applicable occupational health and safety standards required by the federal, state, and county governments; and
    (5) Maintains a disabled to non-disabled employee ratio equal to or greater than one to three at all times. See Hawaii Revised Statutes 103D-1001
  • Qualified heir: means a qualified heir as defined in section 2032A(e)(1) of the Internal Revenue Code. See Hawaii Revised Statutes 236E-2
  • Qualified person: means any individual, partnership, corporation, or any public agency, possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of the project and such other qualifications as may be deemed desirable by the development corporation in administering this chapter. See Hawaii Revised Statutes 206J-2
  • Quorum: The number of legislators that must be present to do business.
  • Radiography: means the ordering of radiographic diagnostic and other imaging studies, including but not limited to computed tomography scans, x-rays, magnetic resonance imaging, positron emission tomography scans, and ultrasounds. See Hawaii Revised Statutes 455-1
  • Railroad: means a carrier of persons or property upon cars operated upon stationary rails. See Hawaii Revised Statutes 291C-1
  • Railroad train: means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. See Hawaii Revised Statutes 291C-1
  • Rank: means the order of precedence among members of the state military forces. See Hawaii Revised Statutes 124B-1
  • Real Estate Settlement Procedures Act: Federal law that, among other things, requires lenders to provide "good faith" estimates of settlement costs and make other disclosures regarding the mortgage loan. RESPA also limits the amount of funds held in escrow for real estate taxes and insurance. Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: when used in connection with the proceedings of a court-martial or court of inquiry, means:

    (1) An official written transcript, written summary, or other writing relating to the proceedings; or
    (2) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. See Hawaii Revised Statutes 124B-1
  • Records: include , but is not limited to, all written clinical information, observations and reports, or fiscal documents relating to a ward who has undergone or is about to undergo sterilization and which is related to the sterilization. See Hawaii Revised Statutes 560:5-601
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recovered material: means waste material and by-products that have been recovered or diverted from solid waste. See Hawaii Revised Statutes 103D-1001
  • Recycled oil: means used oil that has been prepared for reuse as a petroleum product by refining, reclaiming, reprocessing or other means provided that the preparation or use is operationally safe, environmentally sound and complies with all laws, rules, and regulations. See Hawaii Revised Statutes 103D-1302
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any hazardous substance or pollutant or contaminant into the environment, (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant); but excludes:

    (1) Any release which results in exposure of persons solely within a workplace, with respect to a claim which such exposed persons may assert against their employer;

    (2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

    (3) Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954 (42 U. See Hawaii Revised Statutes 128D-1

  • Release: means a document issued by the department which certifies that all taxes have either been paid or which releases the estate from all taxes due under this chapter. See Hawaii Revised Statutes 236D-2
  • Release: means a document issued by the department that certifies that all taxes have been paid or the estate is released from all taxes due under this chapter. See Hawaii Revised Statutes 236E-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • remedial action: means those actions consistent with permanent correction taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance or pollutant or contaminant into the environment, to prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to present or future public health or welfare or the environment. See Hawaii Revised Statutes 128D-1
  • removal action: means the cleanup of released hazardous substances or pollutants or contaminants from the environment, such actions as may be necessary to take in the event of the threat of release of hazardous substances or pollutants or contaminants into the environment, such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances or pollutants or contaminants, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment, which may otherwise result from a release or threat of release. See Hawaii Revised Statutes 128D-1
  • rental: means the leasing or renting of living quarters or sleeping or housekeeping accommodations in hotels, apartment hotels, motels, condominium property regimes or apartments defined in chapter 514A or units defined in chapter 514B, cooperative apartments, rooming houses, or other places in which lodgings are regularly furnished to transients for a consideration, without transfer of the title of such property. See Hawaii Revised Statutes 237D-1
  • Repeat intoxicated driver: means a person who previously:

    (1) Has been convicted, during the five years preceding the date of arrest, of one or more violations under:
    (A) Section 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-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).
  • Representation: refers to any or all of the following:

    (1) A seller being present in the State;

    (2) A seller having in the State a salesperson, commission agent, manufacturer's representative, broker, or other person who is authorized or employed by the seller to assist the seller in selling property, services, or contracting for use or consumption in the State, by procuring orders for the sales, making collections or deliveries, or otherwise; and

    (3) A seller having in the State a person upon whom process directed to the seller from the courts of the State may be served, including the director of commerce and consumer affairs and the deputy director in the cases provided in § 414-64. See Hawaii Revised Statutes 238-1

  • Request: means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;

    "Sums on deposit" means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;

    "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Hawaii Revised Statutes 560:6-101

  • Request for proposals: means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. See Hawaii Revised Statutes 103D-104
  • Request for proposals: means all documents, whether attached or incorporated by reference, soliciting providers to submit a detailed plan to provide health or human services to the public, on behalf of a state agency. See Hawaii Revised Statutes 103F-102
  • Requesting party: means the person or persons submitting an application to conduct a voluntary response action. See Hawaii Revised Statutes 128D-32
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reserve account: means an account established in a participating financial institution on approval of the department in which money is deposited to serve as a source of additional revenue to reimburse the financial institution for losses on loans enrolled in the program. See Hawaii Revised Statutes 211D-1
  • Residence district: means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business. See Hawaii Revised Statutes 291C-1
  • Residence lot: means a lot not exceeding one-half acre in size, obtained by subdivision of lands acquired pursuant to this chapter and used for one or two family residential use only, except as may otherwise be provided herein. See Hawaii Revised Statutes 206-1
  • Resident: means a decedent who was domiciled in Hawaii at time of death. See Hawaii Revised Statutes 236D-2
  • Resident: means a decedent who was domiciled in the State at the time of death. See Hawaii Revised Statutes 236E-2
  • Resident trust: means a resident trust as defined under § 235-1; or if the administration is partly carried on in the State and partly outside the State, a trust where one-half or more of the fiduciaries reside in the State. See Hawaii Revised Statutes 236E-2
  • Resort time share vacation interest: means any interest in a resort time share vacation unit or plan which entitles the owner thereof to the use, occupancy, or possession of a resort time share vacation unit on a periodically recurring basis. See Hawaii Revised Statutes 237D-1
  • Resort time share vacation plan: means any plan or program subject to chapter 514E in which the use, occupancy, or possession of one or more resort time share vacation units circulates among various persons for less than a sixty-day period in any year, for any occupant. See Hawaii Revised Statutes 237D-1
  • Resort time share vacation unit: means the actual and promised accommodations, and related facilities, which are the subject of a resort time share vacation plan. See Hawaii Revised Statutes 237D-1
  • Respondent: means a person to whom a notice of administrative revocation has been issued following an arrest for a violation of § 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-1
  • response: means remove, removal, remedy, or remedial action; and all such terms include government enforcement activities related thereto. See Hawaii Revised Statutes 128D-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restriction: means the least severe form of deprivation of liberty. See Hawaii Revised Statutes 124B-1
  • Retail dealer: means a person who purchases liquid fuel from a licensed distributor and sells the liquid fuel at retail. See Hawaii Revised Statutes 243-1
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • revolver: means any firearm of any shape with a barrel less than sixteen inches in length and capable of discharging loaded ammunition or any noxious gas. See Hawaii Revised Statutes 134-1
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Right of way: means the area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement, or similar property. See Hawaii Revised Statutes 206N-2
  • Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. See Hawaii Revised Statutes 291C-1
  • Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Hawaii Revised Statutes 291C-1
  • Safety zone: means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. See Hawaii Revised Statutes 291C-1
  • sale: means any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means, wheresoever consummated, of property, services, or contracting for a consideration. See Hawaii Revised Statutes 238-1
  • Sale: means any transfer of title or possession, or both, exchange or barter, in any manner or by any means whatsoever, for a consideration. See Hawaii Revised Statutes 244D-1
  • Sale: means any transfer of title, interest, or possession except transactions with distributors or dealers. See Hawaii Revised Statutes 451A-1
  • SBA: means the Small Business Administration of the United States Government. See Hawaii Revised Statutes 210-1
  • SBIA: means the Federal Small Business Investment Act of 1958, as amended. See Hawaii Revised Statutes 210-1
  • School bus: means every motor vehicle as defined in § 286-181 and any regulations promulgated pursuant thereto by the department of education. See Hawaii Revised Statutes 291C-1
  • School meals: means breakfast and lunch prepared and served by a school cafeteria. See Hawaii Revised Statutes 302A-101
  • Scope of service: means any description of the type of activity, including but not limited to, number served, outcomes being sought, target group, and geographic area in which the activity takes place. See Hawaii Revised Statutes 103F-102
  • Seller: means any person engaged in the business of selling property, services, or contracting, wheresoever engaged, but does not include the United States or its wholly owned agencies or instrumentalities other than national banks, the State or a political subdivision thereof, or wholly owned agencies or instrumentalities of the State or a political subdivision. See Hawaii Revised Statutes 238-1
  • Semiautomatic: means the mode of operation by which a firearm uses the energy of the explosive in a fixed cartridge to extract a fired cartridge and chamber a fresh cartridge with each single pull of a trigger. See Hawaii Revised Statutes 134-1
  • Senior force judge advocate: means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander's chief legal advisor. See Hawaii Revised Statutes 124B-1
  • Service business: means any corporation, partnership, limited liability company, or sole proprietorship that repairs ships, aircraft, or assisted technology equipment, provides telecommunication services, information technology design and production services, medical and health care services, or education and training services as defined in this chapter. See Hawaii Revised Statutes 209E-2
  • Service business or calling: includes all activities engaged in for other persons for a consideration that involve the rendering of a service as distinguished from the sale of property or the production and sale of property. See Hawaii Revised Statutes 238-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Services: means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. See Hawaii Revised Statutes 103D-104
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shapefile: includes several component files, including a main file (. See Hawaii Revised Statutes 206R-1
  • Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. See Hawaii Revised Statutes 291C-1
  • Sign: means , with present intent to authenticate or adopt a document:

    (1) To execute or adopt a tangible symbol; or

    (2) To attach or logically associate with the document an electronic symbol, sound, or process. See Hawaii Revised Statutes 456-1.6

  • Signature: means a tangible symbol or an electronic signature that evidences the signing of a document. See Hawaii Revised Statutes 456-1.6
  • sister-state or province relationship: means a relationship between the State of Hawaii and the state or province or similar governmental or political subdivision of a foreign nation. See Hawaii Revised Statutes 229-1
  • Situs: means , with respect to a decedent not a resident or citizen of the United States, the location of the decedent's property within the meaning of section 2104 of the Internal Revenue Code, including regulations and other guidance issued thereunder, substituting "Hawaii" for "the United States". See Hawaii Revised Statutes 236E-2
  • Small business: means a for-profit corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legal entity that:

    (1) Is domiciled and authorized to do business in Hawaii;

    (2) Is independently owned and operated; and

    (3) Employs fewer than one hundred full-time or part-time employees in Hawaii. See Hawaii Revised Statutes 201M-1

  • Small business: means a business that is independently owned and defined by detailed criteria pursuant to rules adopted by the policy board. See Hawaii Revised Statutes 103D-901
  • Small business concern: means the business concerns that are defined in the Small Business Act, as amended (P. See Hawaii Revised Statutes 210-1
  • Small business investment company: means a company approved by the federal Small Business Administration to operate under the provisions of the federal Small Business Investment Act of 1958 (72 U. See Hawaii Revised Statutes 241-1
  • Small wireless facilities: means a wireless facility or other facility providing communications service that meets one or both of the following qualifications:

    (1) Each communications service provider's antenna can fit within an enclosure of no more than six cubic feet in volume; or

    (2) All other equipment associated with the communications service facility, whether ground- or pole-mounted, that is cumulatively no more than twenty-eight cubic feet in volume; provided that the following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services. See Hawaii Revised Statutes 206N-2

  • Software development: means any work related to feasibility studies, system requirements analysis, system design alternatives analysis, system external specifications, system internal specifications, programming, testing, debugging, or implementation for an electronic data processing system. See Hawaii Revised Statutes 103D-1001
  • Sparkling wine: means champagne and any other effervescent wine charged with more than 0. See Hawaii Revised Statutes 244D-1
  • Special facilities: includes buildings, equipment, and materials; transportation; boarding homes; and personnel qualified to work with exceptional children. See Hawaii Revised Statutes 302A-101
  • Special services: means physiotherapy, or any form of muscle training, speech training, occupational therapy, vocational training, psychological evaluation, or any of them. See Hawaii Revised Statutes 302A-101
  • Specifications: means any description of the physical or functional characteristics, or of the nature of a good, service, or construction item. See Hawaii Revised Statutes 103D-104
  • Stamping device: means :

    (1) A physical device capable of stamping or impressing upon a tangible document a notary seal; or

    (2) An electronic device or process capable of attaching to, or logically associating with, an electronic document a notary seal. See Hawaii Revised Statutes 456-1.6

  • standing: means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. See Hawaii Revised Statutes 291C-1
  • State: means the State of Hawaii. See Hawaii Revised Statutes 206-1
  • State: means any state or territory of the United States and the District of Columbia. See Hawaii Revised Statutes 236E-2
  • State: means : any state or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico; the United States Virgin Islands; American Samoa; Guam; any province or territory of the Dominion of Canada; and the Commonwealth of the Northern Mariana Islands, except when the word, in context, clearly refers to the State of Hawaii. See Hawaii Revised Statutes 291E-1
  • State building construction: means any building construction project or program initiated by a state agency or requiring the use of state funds. See Hawaii Revised Statutes 107-21
  • State judge advocate: means the commissioned officer responsible for supervising the administration of military justice in the state military forces. See Hawaii Revised Statutes 124B-1
  • State military forces: means the National Guard of the State, as defined in title 32 United States Code § 101(3), the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 124B-1
  • State on-scene coordinator: means the state official designated by the department of health to coordinate and direct responses under this chapter. See Hawaii Revised Statutes 128D-1
  • State or county pole: means a utility pole, which may be managed or operated by, or on behalf of, the State or a county in the State. See Hawaii Revised Statutes 206N-2
  • State public procurement unit: means the office of the chief procurement officer and any other purchasing agency of this State. See Hawaii Revised Statutes 103D-801
  • State-licensed or state-certified health care settings: means health care settings, other than medicare or medicaid certified nursing facilities, which are regulated by the department of health. See Hawaii Revised Statutes 457A-1.5
  • States: includes the several states of the United States, the District of Columbia, and the possessions and territories of the United States. See Hawaii Revised Statutes 128A-2
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Sterilization: means any medical or surgical operation or procedure which can be expected to result in a patient's permanent inability to reproduce. See Hawaii Revised Statutes 560:5-601
  • Still wine: means any nonsparkling wine and shall include those wines containing not more than 0. See Hawaii Revised Statutes 244D-1
  • Street: means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Hawaii Revised Statutes 291C-1
  • Student: means a person who enrolls in or seeks to enroll in a course of instruction offered or conducted by an unaccredited institution. See Hawaii Revised Statutes 446E-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscriber: means a member of the public or group who has contracted with a dental service organization for the provision of dental services including dependents who are entitled to dental services under the plan solely because of their status as dependents of the subscriber. See Hawaii Revised Statutes 448D-1
  • Subsidiary: means any corporation doing business in Hawaii engaged in activities set forth in Title 12 of the Code of Federal Regulations, sections 225. See Hawaii Revised Statutes 241-1
  • Substance: means any plant, medication, poison, natural or synthetic chemical, or any compound or combination of these, and includes but is not limited to central nervous system depressants, central nervous systems stimulants, hallucinogens, dissociative anesthetics, narcotic analgesics, inhalants, and cannabis. See Hawaii Revised Statutes 291E-1
  • Substance abuse: means the use or misuse of alcohol, any drug on schedules I through IV of chapter 329, or any substance as defined in this section, to any extent deemed deleterious or detrimental to the user, to others, or to society. See Hawaii Revised Statutes 291E-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
  • Superior commissioned officer: means a commissioned officer superior in rank or command. See Hawaii Revised Statutes 124B-1
  • Supervising electrician: means any person who has been licensed by the board as a supervising electrician to direct and supervise the performance of electrical work and to perform electrical work. See Hawaii Revised Statutes 448E-1
  • Supervising industrial electrician: means any person who has been licensed by the board as a supervising industrial electrician to direct and supervise electrical work related to substation, switchgear, automatic controls, and all other industrial electrical work in existing industrial buildings and work places. See Hawaii Revised Statutes 448E-1
  • Supervising specialty electrician: means any person who has been licensed by the board as a supervising specialty electrician to direct and supervise the performance of electrical work related to installing, repairing, altering, and maintaining, but not the attachment of lighting and power circuits, to the following: electronic equipment, sound public address systems, other than equipment and systems for a single-family or two-family dwelling; master or community radio and television receiving antenna system; sound recording systems other than systems for a single-family or a two-family dwelling; burglar and fire alarm systems; low voltage remote control, other than control for a single-family or two-family dwelling; and low voltage communication signal systems. See Hawaii Revised Statutes 448E-1
  • Surcharge tax: means the rental motor vehicle and tour vehicle surcharge tax established under this chapter. See Hawaii Revised Statutes 251-1
  • Surplus personal property: includes obsolete, scrap, and excess personal property that has completed its useful life cycle. See Hawaii Revised Statutes 103D-1101
  • Surplus property: includes obsolete, scrap, and nonexpendable property that has completed its useful life cycle. See Hawaii Revised Statutes 103D-1201
  • Tamper-evident: means any change to an electronic document that displays evidence of the change. See Hawaii Revised Statutes 456-1.6
  • Taxable estate: means taxable estate as defined in sections 2051 to 2056 of the Internal Revenue Code. See Hawaii Revised Statutes 236D-2
  • taxable transfer: means :

    (1) A transfer as used in section 2001(a) of the Internal Revenue Code and shall include the disposition of or failure to use property for a qualified use under section 2032A(c) of the Internal Revenue Code; or

    (2) A generation-skipping transfer as defined and used in section 2611 of the Internal Revenue Code; provided that a direct skip that is a transfer subject to the tax imposed by chapter 12 of the Internal Revenue Code shall not be treated as a taxable transfer. See Hawaii Revised Statutes 236E-2

  • Taxpayer: means any person liable for any tax in this chapter. See Hawaii Revised Statutes 237D-1
  • Teacher: means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers. See Hawaii Revised Statutes 302A-101
  • Telecommunication services: means terrestrial (copper and optical fiber cable) and satellite information delivery systems, switching systems, ground stations, and call centers, but not consumer services. See Hawaii Revised Statutes 209E-2
  • Telehealth: means the use of telecommunications as that term is defined in § 269-1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, to support long-distance clinical health care while a patient is at an originating site and the nurse is at a distant site, patient and professional health-related education, public health and health administration, to the extent that it relates to nursing. See Hawaii Revised Statutes 457-2
  • Temporary permit: means that portion of the notice of administrative revocation that, when completed by a law enforcement officer, permits the respondent to operate a vehicle for thirty days in the case of an alcohol related offense and forty-four days in the case of a drug related offense or until such time as the director may establish under part III. See Hawaii Revised Statutes 291E-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.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Through highway: means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic-control device, when such signs or devices are erected as provided by law. See Hawaii Revised Statutes 291C-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.
  • Tour vehicle: means any vehicle, including vans, minibuses, and buses used for the purpose of transporting persons for pleasure or sightseeing trips, or transporting persons to pleasure or sightseeing cruises or destinations. See Hawaii Revised Statutes 251-1
  • Tour vehicle operator: means a person who owns, manages, or dispatches tour vehicles. See Hawaii Revised Statutes 251-1
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. See Hawaii Revised Statutes 291C-1
  • Traffic-control signal: means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Hawaii Revised Statutes 291C-1
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means transfer as defined and used in section 2001 of the Internal Revenue Code. See Hawaii Revised Statutes 236D-2
  • Transferee: means a transferee within the meaning of sections 2603(a)(1) and 6901(h) of the Internal Revenue Code. See Hawaii Revised Statutes 236E-2
  • Transferred property: means :

    (1) With respect to a taxable transfer subject to the federal estate tax, the deceased individual's gross estate as defined in section 2031 of the Internal Revenue Code;

    (2) With respect to a taxable transfer occurring as a result of a taxable termination as defined in section 2612(a) of the Internal Revenue Code, the taxable amount determined under section 2622(a) of the Internal Revenue Code;

    (3) With respect to a taxable transfer occurring as a result of a taxable distribution as defined in section 2612(b) of the Internal Revenue Code, the taxable amount determined under section 2621(a) of the Internal Revenue Code;

    (4) With respect to a taxable transfer occurring as a result of a direct skip, as defined in section 2612(c) of the Internal Revenue Code, the taxable amount determined under section 2623 of the Internal Revenue Code; and

    (5) With respect to an event which causes the imposition of an additional federal estate tax under section 2032A(c) of the Internal Revenue Code, the qualified real property that was disposed of or which ceased to be used for the qualified use, within the meaning of section 2032A(c)(1) of the Internal Revenue Code. See Hawaii Revised Statutes 236E-2

  • Transient accommodations: means the furnishing of a room, apartment, suite, single family dwelling, or the like to a transient for less than one hundred eighty consecutive days for each letting in a hotel, apartment hotel, motel, condominium property regime or apartment as defined in chapter 514A or unit as defined in chapter 514B, cooperative apartment, dwelling unit, or rooming house that provides living quarters, sleeping, or housekeeping accommodations, or other place in which lodgings are regularly furnished to transients. See Hawaii Revised Statutes 237D-1
  • Transient accommodations broker: means any person or entity, including but not limited to persons who operate online websites, online travel agencies, or online booking agencies, that offers, lists, advertises, or accepts reservations or collects whole or partial payment for transient accommodations or resort time share vacation interests, units, or plans. See Hawaii Revised Statutes 237D-1
  • Treatment: means services to individuals and families by health or social work professionals which attempt to alleviate physical or mental illness or behavioral problems, including but not limited to, medical treatment, counseling, physical, occupational and other therapeutic services, and referral and case management services for medical treatment, counseling, and other therapeutic services. See Hawaii Revised Statutes 103F-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust company: means a corporation or joint stock company authorized to conduct business as a trust company under article 8 of chapter 412. See Hawaii Revised Statutes 241-1
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Unaccredited institution: means a degree granting institution that is not accredited or a candidate for accreditation by at least one nationally recognized accrediting agency that is listed by the United States Secretary of Education. See Hawaii Revised Statutes 446E-1
  • Under the influence: means that a person:

    (1) Is under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;
    (2) Is under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;
    (3) Has . See Hawaii Revised Statutes 291E-1
  • Underserved area: means a project area with access to broadband service but at speeds of less than fifty megabits per second for downloads and five megabits per second for uploads. See Hawaii Revised Statutes 206R-1
  • Underway: means that a vessel is not at anchor, made fast to the shore, or aground. See Hawaii Revised Statutes 291E-1
  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
  • Unlicensed seller: means any seller who, with respect to the particular sale, is not subject to the tax imposed by chapter 237, whether or not the seller holds a license under that chapter, but does not include any seller with respect to any sale which is expressly exempted from the tax imposed by chapter 237. See Hawaii Revised Statutes 238-1
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Use: means any use, whether such use is of such nature as to cause the property to be appreciably consumed or not, or the keeping of such property for such use or for sale, and shall include the exercise of any right or power over tangible personal property incident to the ownership of that property. See Hawaii Revised Statutes 244D-1
  • Using agency: means any governmental body which utilizes any goods, services, or construction procured under this chapter. See Hawaii Revised Statutes 103D-104
  • Utility pole: means a pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities. See Hawaii Revised Statutes 206N-2
  • Valid license: means a license that:

    (1) Is issued by an authorized licensing official in any state;
    (2) Authorizes an individual to operate a motor vehicle on public streets, roads, or highways; and
    (3) Has not expired or been revoked, suspended, or canceled. See Hawaii Revised Statutes 291E-1
  • Value: means fair and reasonable cash value at the time of accrual of the tax. See Hawaii Revised Statutes 238-1
  • Vandalism: includes , but is not limited to, mischievous or malicious destruction of property, such as breakage of windows, lockers, and doors. See Hawaii Revised Statutes 302A-101
  • vehicle: means every vehicle which is:

    (1) Self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less; and

    (2) Designed to carry seventeen passengers or fewer. See Hawaii Revised Statutes 251-1

  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds and bicycles, but excluding toy bicycles, devices other than bicycles moved by human power, and devices used exclusively upon stationary rails or tracks. See Hawaii Revised Statutes 291C-1
  • Vehicle: includes a:

    (1) Motor vehicle;
    (2) Moped; and
    (3) Vessel. See Hawaii Revised Statutes 291E-1
  • Venture: means , without limitation, any contractual arrangement with any person whereby the investor with risk capital obtain rights from or in an invention or product or proceeds therefrom in exchange for financing such persons. See Hawaii Revised Statutes 211E-1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Verification on oath or affirmation: means a declaration, made by a person on oath or affirmation before a notary public, that a statement in a document is true. See Hawaii Revised Statutes 456-1.6
  • Vessel: means all description of watercraft that are used or are capable of being used as a means of transportation on or in the water. See Hawaii Revised Statutes 291E-1
  • Vessel: means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See Hawaii Revised Statutes 128D-1
  • Virgin oil: means oil which has been refined from crude oil and which has not been used or contaminated with impurities. See Hawaii Revised Statutes 103D-1302
  • Voluntary response action: means a response conducted voluntarily by a requesting party. See Hawaii Revised Statutes 128D-32
  • Voter service center: means a location within the county of the voter's registration address established pursuant to section 11-109 to serve all of the following purposes:

    (1) Receive return envelopes for absentee ballots pursuant to chapter 15;

    (2) Receive return identification envelopes in an election by mail conducted pursuant to part VIIA;

    (3) Provide voting machine services for persons with disabilities pursuant to the Help America Vote Act of 2002, P. See Hawaii Revised Statutes 11-1

  • Voting system: means the use of paper ballots, electronic transmission, voting machines, elections by mail pursuant to part VIIA, absentee voting pursuant to chapter 15, or any system by which votes are cast and counted. See Hawaii Revised Statutes 11-1
  • Ward: means an incapacitated person for whom a guardian has been appointed and who, because of the terms of the appointment of the guardian, lacks the legal power to consent to sterilization. See Hawaii Revised Statutes 560:5-601
  • Weighted student formula: means a formula for allocating operating moneys to individual public schools that includes a system of weighted characteristics affecting the relative cost of educating each student attending a public school. See Hawaii Revised Statutes 302A-101
  • Wine: means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which contains not more than twenty-four per cent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine, but does not include cooler beverage. See Hawaii Revised Statutes 244D-1
  • wine gallon: means that liquid measure containing one hundred twenty-eight fluid ounces (3. See Hawaii Revised Statutes 244D-1
  • Wireless facility: includes small wireless facilities but shall not include:

    (1) Wireline backhaul facilities; and

    (2) Coaxial or fiber-optic cable between utility poles or communications facilities that are otherwise not immediately adjacent to and directly associated with a particular antenna. See Hawaii Revised Statutes 206N-2

  • Wireless provider: means an individual, corporation, company, association, trust, or other entity or organization who:

    (1) Provides services, including wireless broadband services, whether at a fixed location or mobile, to the public using wireless facilities; or

    (2) Builds or installs wireless communication transmission equipment or wireless facilities, including an individual authorized to provide telecommunications service in the State. See Hawaii Revised Statutes 206N-2

  • Wireless support structure: means a structure, such as a monopole; tower, either guyed or self-supporting building; or other existing or proposed structure designed to support or capable of supporting broadband or small wireless facilities, other than a structure designed solely for the collocation of wireless facilities. See Hawaii Revised Statutes 206N-2
  • Wireline backhaul: means the transport of communications data or other electronic information by wire from wireless facilities to a communications network. See Hawaii Revised Statutes 206N-2
  • Withdrawal: includes payment to a third person pursuant to check or other directive of a party. See Hawaii Revised Statutes 560:6-101
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.