Terms Used In Hawaii Revised Statutes > Chapter 658H - Uniform Mediation Act

• Administrator: means the chief of police of each county or the director of finance of each county and their authorized subordinates charged with the responsibility of administering this chapter;

  "Driver" means every person who is in actual physical control of a motor vehicle;

  "Judgment" means any judgment, order, or decree which has become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of the United States or any territory or state thereof upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages;

  "Legal owner" has the same meaning prescribed by § 286-2;

  "License" means any license or permit issued or recognized under chapter 286 to operate motor vehicles;

  "Motor vehicle" has the meaning prescribed by § 286-2 and includes trailers and semitrailers designed for use by such vehicles, but does not include road rollers, farm tractors, tractor cranes, power shovels, and well drillers;

  "Nonresident" means every person who is not a resident of the State;

  "Nonresident's operating privilege" means the privilege conferred upon a nonresident by laws of the State pertaining to the operation by the nonresident of a motor vehicle, or the use of a motor vehicle owned by the nonresident in this State;

  "Owner" or "registered owner" has the meaning prescribed by § 286-2 to the term "owner";

  "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amounts prescribed by section 294-10(a);

  "Registration" means the certificate of registration issued pursuant to chapter 286;

  "State" except in reference to the State of Hawaii means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. See Hawaii Revised Statutes 287-1

• Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter. See Hawaii Revised Statutes 150-21
• Aggregate bulk freight: means manmade, unpackaged, pre-processed, inspected and certified, homogenous particulate material, without mark or count, that is usually free-flowing and bought and sold by weight or volume, such as clean sand, gravel, crushed stone, slag, recycled concrete, and geosynthetic aggregates. See Hawaii Revised Statutes 150A-2
• Agricultural seed: includes the seed of grass, forage, cereal, and fiber crops and other kinds of seed commonly recognized within the State as agricultural seed and mixtures of these seed. See Hawaii Revised Statutes 150-21
• Algae: means any plant containing chlorophyll, which lacks true roots, stems, and leaves, and typically inhabits moist habitats, except those algae on or in humans or animals in Hawaii and those in or on processed foods, beverages, or pharmaceuticals. See Hawaii Revised Statutes 150A-2
• Animal: means any invertebrate or vertebrate species of the animal kingdom including but not limited to mammal, bird, fish, reptile, mollusk, crustacean, insect, mite, and nematode, other than common domestic animal such as dog and cat. See Hawaii Revised Statutes 150A-2
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bacteria: means any prokaryotic or archaeobacterial organism, except those bacteria on or in humans or animals in Hawaii, and those in or on processed foods, beverages, or pharmaceuticals. See Hawaii Revised Statutes 150A-2
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Board: means board of agriculture. See Hawaii Revised Statutes 149A-2
• Board: means the board of agriculture. See Hawaii Revised Statutes 150A-2
• Capital: means :

  (1) The aggregate par value or other amount received and allocated to the issued and outstanding capital stock of a financial institution; or

  (2) The total amount of a credit union's outstanding and unimpaired membership shares or share accounts. See Hawaii Revised Statutes 412:1-109

• Capital stock: means the units of interest, whether or not having a par value, common or preferred, legally issued by a financial institution or other corporation, which represents a fractional ownership interest in the institution or corporation. See Hawaii Revised Statutes 412:1-109
• Car-sharing delivery period: means the period of time during which a shared car is being delivered to the location of the car-sharing start time, if applicable, as documented by the governing car-sharing program agreement. See Hawaii Revised Statutes 279L-1
• Car-sharing period: means the period of time that commences with the car-sharing delivery period or, if there is no delivery period, that commences with the car-sharing start time and, in either case, ends at the car-sharing termination time. See Hawaii Revised Statutes 279L-1
• Car-sharing program agreement: means the terms and conditions applicable to a shared car owner, a shared car driver, and a peer-to-peer car-sharing platform, if applicable, that govern the use of a shared car through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Car-sharing start time: means the time the shared car driver obtains operation, use, or control of a shared car through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Car-sharing termination time: means the latest of the following events:
  (1) The expiration of the agreed upon period of time established for the use of a shared car according to the terms of the car-sharing program agreement if the shared car is delivered to the location agreed upon in the car-sharing program agreement;
  (2) When the shared car is returned to a location as alternatively agreed upon by the shared car owner and shared car driver as communicated through a peer-to-peer car-sharing program;
  (3) When a shared car is returned to the location agreed upon in the car-sharing program agreement or alternatively agreed upon by the shared car owner and the shared car driver, as communicated through a peer-to-peer car-sharing program, before the expiration of the period of time established for the use of a shared car according to the terms of the car-sharing program agreement, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car;
  (4) When a shared car, during the car-sharing period, cannot safely or legally be operated and the shared car driver notifies the peer-to-peer car-sharing program that the shared car is inoperable and identifies the location of the shared car;
  (5) When the shared car driver receives notice of a safety recall affecting the shared car and the shared car driver returns the shared car to the location agreed upon in the car-sharing program agreement, or alternatively agreed upon by the shared car owner and the shared car driver, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car; or
  (6) When the shared car owner or the shared car owner's authorized designee takes possession and control of the shared car. See Hawaii Revised Statutes 279L-1
• Cement bulk freight: means unpackaged, homogenous cement, without mark or count, that is usually free-flowing and bought and sold by weight or volume. See Hawaii Revised Statutes 150A-2
• Chairperson: means chairperson of the board of agriculture. See Hawaii Revised Statutes 149A-2
• Chairperson: means the chairperson of the board of agriculture, or the chairperson's duly authorized agents. See Hawaii Revised Statutes 150A-2
• 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.
• Coal bulk freight: means unpackaged, homogenous coal, without mark or count, that is usually free-flowing, bought and sold by weight or volume, and used as a fuel. See Hawaii Revised Statutes 150A-2
• Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
• Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. ^{Source: OCC}
• Company: means any corporation, partnership, trust (business or otherwise), association, joint venture, pool syndicate, unincorporated organization, or any form of business entity not specifically listed herein and, unless specifically excluded, a financial institution; provided that "company" does not mean any trust existing on July 1, 1993, which under its terms must terminate within twenty-five years, or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust. See Hawaii Revised Statutes 412:1-109
• Continuance: Putting off of a hearing ot trial until a later time.
• Control: means , unless the context clearly requires otherwise, directly or indirectly, solely or through another person or transaction, or in concert with another:

  (1) Owning or having the power to vote twenty-five per cent or more of any class of voting securities;

  (2) Owning or having the power to exercise twenty-five per cent or more of the votes of a mutual association, credit union, or other entity whose voting rights are not determined by voting securities;

  (3) Owning or having the power to vote ten per cent or more of any class of voting securities if:

  (A) the issuer of that class of securities has issued any class of securities under section 12 of the Securities Exchange Act of 1934, as amended; or

  (B) immediately after the acquisition, no other person will own a greater percentage of that class of voting securities;

  (4) Having the power to elect by any means a majority of the directors; or

  (5) Having the power to exercise a dominant influence over management, if so determined by the commissioner after notice and a hearing. See Hawaii Revised Statutes 412:1-109

• Department: means department of agriculture. See Hawaii Revised Statutes 149A-2
• Department: means the department of transportation. See Hawaii Revised Statutes 279J-1
• Department: means the Hawaii department of agriculture. See Hawaii Revised Statutes 150-21
• Department: means the department of agriculture. See Hawaii Revised Statutes 150A-2
• Depository institution: means a financial institution that is authorized to accept deposits under its chartering or licensing authority and includes a bank, savings bank, savings and loan association, depository financial services loan company, credit union, or intra-Pacific bank. See Hawaii Revised Statutes 412:1-109
• deposits: means money or its equivalent received or held by a person in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a demand, checking, savings, time, passbook, negotiable order of withdrawal, thrift, or share account, or which is evidenced by its passbook, certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar instrument, or a check, draft, or share draft drawn against a deposit account and certified by a person, on which the person is primarily liable. See Hawaii Revised Statutes 412:1-109
• Digital network: means any online-enabled technology application service, website, or system offered or utilized by a transportation network company that enables prearranged rides with transportation network company drivers. See Hawaii Revised Statutes 279J-1
• Director: means any member of the board of directors of a financial institution, whether or not receiving compensation. See Hawaii Revised Statutes 412:1-109
• Division: means the division of financial institutions of the department of commerce and consumer affairs of this State. See Hawaii Revised Statutes 412:1-109
• Environment: includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these. See Hawaii Revised Statutes 149A-2
• EPA: means the United States Environmental Protection Agency. See Hawaii Revised Statutes 149A-2
• Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
• Federal financial institution: means a national banking association, federal savings bank, federal savings and loan association or federal credit union. See Hawaii Revised Statutes 412:1-109
• Federal Home Loan Bank: means a federal home loan bank created and organized under the authority of the Federal Home Loan Bank Act. See Hawaii Revised Statutes 412:1-109
• Federal Reserve Bank: means a federal reserve bank created and organized under the authority of the Federal Reserve Act. See Hawaii Revised Statutes 412:1-109
• Federal Reserve Board: means the Board of Governors of the Federal Reserve System created and described in the Federal Reserve Act. See Hawaii Revised Statutes 412:1-109
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. See Hawaii Revised Statutes 149A-2
• Financial institution: means a Hawaii financial institution, and unless the context indicates otherwise, a federal financial institution or foreign financial institution. See Hawaii Revised Statutes 412:1-109
• Financial institution holding company: means a holding company which controls a Hawaii financial institution or which controls another financial institution holding company. See Hawaii Revised Statutes 412:1-109
• Financial institution subsidiary: means :

  (1) a financial institution that is controlled by a financial institution holding company, or

  (2) a financial institution holding company that is controlled by another holding company. See Hawaii Revised Statutes 412:1-109

• Freight: means nonpassenger goods, cargo, or lading, transported for pay. See Hawaii Revised Statutes 150A-2
• Hawaii financial institution: means :

  (1) A corporation or credit union that holds a charter or license under this chapter or under prior Hawaii law, authorizing it to accept deposits, to make loans in excess of the rates permitted in chapter 478, or to engage in the business of a trust company; or

  (2) A resulting bank as defined in article 12,

  and includes a corporation or credit union existing and chartered as a Hawaii financial institution or licensed to transact business in this State on July 1, 1993. See Hawaii Revised Statutes 412:1-109

• Holding company: means any company which controls another company. See Hawaii Revised Statutes 412:1-109
• Import: means shipment to the State from any point outside of the State. See Hawaii Revised Statutes 150A-2
• 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}
• Insect: means an invertebrate animal belonging to the class Insecta, including beetle, bug, fly, and other arthropods, such as spider, mite, tick, centipede, and wood louse. See Hawaii Revised Statutes 150A-2
• Inspect: means to examine material to ascertain the presence or absence of quarantine pests and to otherwise determine compliance with the provisions of this chapter or any rule adopted under this chapter. See Hawaii Revised Statutes 150A-2
• Inspector: means any employee or official of the department authorized by the board to administer and enforce the provisions of this law. See Hawaii Revised Statutes 150A-2
• international banking corporation: means a corporation which has authority to operate as an international banking corporation under this part and has been required to use the term "international banking corporation" or such other term approved by the commissioner and containing the word "international" "foreign" "overseas" or some similar word as part of its name. See Hawaii Revised Statutes 412:5A-200
• Kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, barley, lettuce, and alfalfa. See Hawaii Revised Statutes 150-21
• Label: means the written, printed, or graphic matter on or attached to the pesticide or device or any of its containers or wrappers. See Hawaii Revised Statutes 149A-2
• Label: means the written, printed, or graphic matter upon the container of any article as pertaining to plant quarantine laws and regulations. See Hawaii Revised Statutes 150A-2
• labeling: includes all written, printed, or graphic representations in any form whatsoever, accompanying or pertaining to any seed, whether in bulk or in containers, and includes representations on invoices. See Hawaii Revised Statutes 150-21
• Liquid bulk freight: means unpackaged, homogenous liquid goods, without mark or count, that are usually free-flowing and bought and sold by weight or volume, such as oil, or other complex mixture of petroleum hydrocarbons, bituminous liquids such as asphalt, gasoline, and fuel oils. See Hawaii Revised Statutes 150A-2
• Loans and extensions of credit: includes a contractual commitment to advance funds. See Hawaii Revised Statutes 412:1-109
• Lot: means a definite quantity of seed identified by a number or other identification, every portion or bag of which is uniform, within permitted tolerances, for the factors which appear in the labeling. See Hawaii Revised Statutes 150-21
• Microbial product: means any product manufactured with known cultures of microorganisms for the purpose of bioremediation or bioaugmentation, including products such as microbial pesticides. See Hawaii Revised Statutes 150A-2
• Microorganism: means any unicellular microscopic organism including but not limited to algae, bacteria, fungi, protozoa, and viruses. See Hawaii Revised Statutes 150A-2
• Motor vehicle: has the meaning prescribed by § 286-2 and includes trailers and semitrailers designed for use by such vehicles, but does not include road rollers, farm tractors, tractor cranes, power shovels, and well drillers;

  "Nonresident" means every person who is not a resident of the State;

  "Nonresident's operating privilege" means the privilege conferred upon a nonresident by laws of the State pertaining to the operation by the nonresident of a motor vehicle, or the use of a motor vehicle owned by the nonresident in this State;

  "Owner" or "registered owner" has the meaning prescribed by § 286-2 to the term "owner";

  "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amounts prescribed by section 294-10(a);

  "Registration" means the certificate of registration issued pursuant to chapter 286;

  "State" except in reference to the State of Hawaii means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. See Hawaii Revised Statutes 287-1

• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Net weight: means the gross weight of the freight minus the container weight, if any. See Hawaii Revised Statutes 150A-2
• Noxious weed seed: means the seed of plant species designated by the department by rule as being highly destructive and difficult to control or eradicate in the State by ordinary, good cultural practices, herbicides, and other control measures, or is, or which may be likely to become injurious, harmful, or deleterious to the agricultural, horticultural, aquacultural, or livestock industry of the State and to forest and recreational areas and conservation districts of the State. See Hawaii Revised Statutes 150-21
• Obligation: means any bond, debt, debenture, loan, note or similar undertaking. See Hawaii Revised Statutes 412:1-109
• Oversight: Committee review of the activities of a Federal agency or program.
• Paid-in capital: means the amount of capital actually received by the financial institution for its capital stock, membership shares or share accounts, as the case may be. See Hawaii Revised Statutes 412:1-109
• Passed: means the clearance status for entry given an article for import after inspection or quarantine requirements have been met. See Hawaii Revised Statutes 150A-2
• Peer-to-peer car-sharing: means the operation, use, or control of a motor vehicle by an individual other than the motor vehicle's owner through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Person: means a natural person, entity or organization, including without limitation an individual, corporation, joint venture, partnership, sole proprietorship, association, cooperative, estate, trust, or governmental unit. See Hawaii Revised Statutes 412:1-109
• Person: means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not. See Hawaii Revised Statutes 149A-2
• Person: includes any individual, partnership, corporation, company, society, or association. See Hawaii Revised Statutes 150-21
• Pest: means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacterium, or any other microorganism, except viruses, bacterium, or any other microorganisms on or in living humans or other living animals, which the Administrator of the United States Environmental Protection Agency determines to be a pest pursuant to the [Federal Insecticide, Fungicide, and Rodenticide Act]. See Hawaii Revised Statutes 149A-2
• Pest: means any animal, insect, disease agent or other organism in any stage of development that is detrimental or potentially harmful to agriculture, or horticulture, or animal or public health, or natural resources including native biota or has an adverse effect on the environment as determined by the board. See Hawaii Revised Statutes 150A-2
• Pesticide: means :

  (1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

  (2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. See Hawaii Revised Statutes 149A-2

• 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.
• Protozoa: means any nonphotosynthetic eukaryotic organisms, either unicellular or composed of a group of more or less identical cells, generally motile by means of appendages or movements of the cell itself at some or all stages of their life cycle, except those protozoa on or in humans or animals in Hawaii, and those in or on processed foods, beverages, or pharmaceuticals. See Hawaii Revised Statutes 150A-2
• Receiver: means a person appointed by the commissioner to take possession and control of a Hawaii financial institution for the purpose of liquidating and winding up the affairs of the institution. See Hawaii Revised Statutes 412:1-109
• 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}
• Registrant: means the person registering or licensing any pesticide pursuant to this chapter. See Hawaii Revised Statutes 149A-2
• rider: means a person who uses a transportation network company's digital network to connect with a transportation network company driver who provides prearranged rides to the rider in a transportation network company vehicle between destination points chosen by the rider. See Hawaii Revised Statutes 279J-1
• Shared car: means a motor vehicle that is registered pursuant to chapter 286 and is not owned, controlled, operated, maintained, or managed by or registered, directly or indirectly through an affiliate, to the peer-to-peer car-sharing program and is available for sharing through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Shared car driver: means an individual who has been authorized to drive the shared car by the shared car owner under a car-sharing program agreement. See Hawaii Revised Statutes 279L-1
• Shared car owner: means the registered owner of a shared car. See Hawaii Revised Statutes 279L-1
• Soil: means that part of the upper layer of earth in which plants can grow; this material may or may not contain organic matter and includes such planting media as deteriorated peat, except clean coral, sand, pottery and industrial clay, volcanic cinders and other similar soil-free material. See Hawaii Revised Statutes 150A-2
• State: means the State of Hawaii. See Hawaii Revised Statutes 150-21
• Stop-sale order: means any written or printed notice or order given or issued by the department restraining the sale of agricultural and vegetable seed. See Hawaii Revised Statutes 150-21
• Subsidiary: means a corporation, joint venture, partnership, or other company that is controlled by another corporation. See Hawaii Revised Statutes 412:1-109
• Summons: Another word for subpoena used by the criminal justice system.
• surplus: includes retained earnings, whether or not transferred or allocated to surplus. See Hawaii Revised Statutes 412:1-109
• this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109
• 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.
• Transportation network company vehicle: means a vehicle that is:
  (1) Manufactured with seating accommodations for eight or fewer passengers;
  (2) Not a semitrailer, tractor-semitrailer combination, truck, or truck-tractor, as those terms are defined in § 286-2;
  (3) Used by a transportation network company driver to provide a prearranged ride;
  (4) Owned, leased, or otherwise authorized for use by the transportation network company driver; and
  (5) Not operating as a taxicab, limousine, or other for-hire vehicle. See Hawaii Revised Statutes 279J-1
• Unlisted microorganism: means any microorganism not on the lists of nonrestricted or restricted microorganisms or on the list of select human pathogen microorganisms. See Hawaii Revised Statutes 150A-2
• Variety: means a subdivision of a kind characterized by growth, plant, fruit, seed, or other characters by which it can be differentiated from other plants of the same kind. See Hawaii Revised Statutes 150-21
• Vegetable seed: includes the seed of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seed in the State. See Hawaii Revised Statutes 150-21
• Vehicle: means any automobile, truck, tractor and similar equipment. See Hawaii Revised Statutes 150A-2
• Vendor: means any person engaged in selling or offering for sale agricultural or vegetable seed for planting purposes. See Hawaii Revised Statutes 150-21
• Weed seed: includes noxious weed seed and the seed of all plants generally recognized as weeds within the State. See Hawaii Revised Statutes 150-21