Sections
Part I General Provisions and Definitions 92F-1 – 92F-4
Part II Freedom of Information 92F-11 – 92F-19
Part III Disclosure of Personal Records 92F-21 – 92F-28
Part IV Office of Information Practices; Duties 92F-41 – 92F-43

Terms Used In Hawaii Revised Statutes > Chapter 92F

  • Acceptance: means a formal determination that the document required to be filed pursuant to section 343-5 fulfills the definition of an environmental impact statement, adequately describes identifiable environmental impacts, and satisfactorily responds to comments received during the review of the statement. See Hawaii Revised Statutes 343-2
  • Accidental harm: means bodily injury, death, sickness, or disease caused by a motor vehicle accident to a person. See Hawaii Revised Statutes 431:10C-103
  • Action: means any program or project to be initiated by any agency or applicant. See Hawaii Revised Statutes 343-2
  • Active treatment: means provision of services as specified in an individualized service plan. See Hawaii Revised Statutes 333F-1
  • Activities of daily living: means at least bathing, continence, dressing, eating, toileting, and transferring. See Hawaii Revised Statutes 346C-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.
  • Advisory committee: means the committee established in section [226-55] to advise and assist in the formulation of the state functional plans. See Hawaii Revised Statutes 226-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means any department, office or board or commission of the state or county government which is a part of the executive branch of that government. See Hawaii Revised Statutes 340A-1
  • Agency: means any department, office, board, or commission of the state or county government which is a part of the executive branch of that government. See Hawaii Revised Statutes 343-2
  • Agricultural solid waste: means the solid waste that results from the rearing of animals and the harvesting of crops. See Hawaii Revised Statutes 340A-1
  • Ahupuaa: means a traditional native Hawaiian resource and behavioral management system that ensures respect for the air, land, water, and other scarce natural resources that make life sustainable from the mountains to the sea. See Hawaii Revised Statutes 226-2
  • 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.
  • Applicant: means every person applying for a license to become a provider of an adult foster home or developmental disabilities domiciliary home. See Hawaii Revised Statutes 333F-1
  • Applicant: means any person who, pursuant to statute, ordinance, or rule, officially requests approval for a proposed action. See Hawaii Revised Statutes 343-2
  • Approval: means a discretionary consent required from an agency prior to actual implementation of an action. See Hawaii Revised Statutes 343-2
  • Approved continuing education course: means a course approved by the commissioner following receipt of recommendations from insurance professionals. See Hawaii Revised Statutes 431:9A-102
  • Approved course provider: means an organization or person that has been approved by the commissioner. See Hawaii Revised Statutes 431:9A-102
  • Association of boards of certification for operating personnel in water and wastewater utilities: means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs. See Hawaii Revised Statutes 340B-1
  • Association of boards of certification for operating personnel in water and wastewater utilities: means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs. See Hawaii Revised Statutes 340F-1
  • attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
  • Authority: means the Hawaii community development authority. See Hawaii Revised Statutes 206E-101
  • Authority: means the Hawaii community development authority established by section 206E-3. See Hawaii Revised Statutes 206E-2
  • Bar: means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars. See Hawaii Revised Statutes 328J-1
  • blind: as used in this chapter , whether used as an adjective or noun, means blind or visually handicapped. See Hawaii Revised Statutes 347-2
  • Board: means the board of education. See Hawaii Revised Statutes 302A-101
  • 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 206M-2, and any successor thereto. See Hawaii Revised Statutes 206M-1
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 209-1
  • Board: means the board of nursing. See Hawaii Revised Statutes 334D-2
  • Board: means the board of certification established by section 340B-4. See Hawaii Revised Statutes 340B-1
  • Board: means the board of certification established by section 340F-4. See Hawaii Revised Statutes 340F-1
  • Board: means the neurotrauma advisory board established under section 321H-3. See Hawaii Revised Statutes 321H-1
  • Board of trustees: means the board of trustees charged with the general administration of this program under section 346C-3. See Hawaii Revised Statutes 346C-1
  • Bonds: means any bonds, notes, interim certificates, debentures, or other obligations. See Hawaii Revised Statutes 206-1
  • Building: means any area enclosed or partially enclosed by a roof and at least three walls. See Hawaii Revised Statutes 328J-1
  • Business: means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold, professional corporations, and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. See Hawaii Revised Statutes 328J-1
  • Business entity: means an association, corporation, individual, limited liability company, limited liability partnership, partnership, person, or other legal entity. See Hawaii Revised Statutes 431:9A-102
  • Business income: means income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations. See Hawaii Revised Statutes 235-21
  • Case management services: means services to persons with developmental or intellectual disabilities that assist them in gaining access to needed social, medical, legal, educational, and other services, and includes:

         (1)  Follow-along services which assure, through a continuing relationship between an agency or provider and a person with a developmental or intellectual disability and the person's parent, if the person is a minor, or guardian, if a guardian has been appointed for the purpose, that the changing needs of the person and the family are recognized and appropriately met. See Hawaii Revised Statutes 333F-1

  • Center: means the University of Hawaii environmental center established in section [304A-1551]. See Hawaii Revised Statutes 341-2
  • CFC: means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds. See Hawaii Revised Statutes 342C-1
  • Chambers: A judge's office.
  • Chemically dependent: means a condition wherein a nurse's cognitive, interpersonal, or psychomotor skills are affected by the habitual or intemperate use of alcohol or drugs, or both. See Hawaii Revised Statutes 334D-2
  • Class: means the general categories of insurance, as set forth in sections 431:1-204 to 431:1-210, in which insurers may be authorized to transact the business of insurance. See Hawaii Revised Statutes 431:9A-102
  • Collector: means any person or governmental agency which has been licensed to remove refuse in accordance with applicable ordinances and regulations. See Hawaii Revised Statutes 340A-1
  • Commanding officer: includes only commissioned officers. See Hawaii Revised Statutes 124A-1
  • Commercial domicile: means the principal place from which the trade or business of the taxpayer is directed or managed. See Hawaii Revised Statutes 235-21
  • Commercial project: means an undertaking involving commercial or light industrial development, which includes a mixed-use development where commercial or light industrial facilities may be built into, adjacent to, under, or above residential units;

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

  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:9A-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Compensation: means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. See Hawaii Revised Statutes 235-21
  • 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
  • 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.
  • Confirmatory test: means a drug or alcohol test that uses a method of analysis determined by the director of health to be reliable in establishing the identity and quantity of alcohol, drugs, or metabolites of drugs detected in an initial screening test. See Hawaii Revised Statutes 329B-2
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • Contract: means any policy of life, accident and health or sickness, credit life, credit disability, homeowners, and motor vehicle insurance covering personally owned or personally leased private passenger motor vehicles prepared for delivery by an insurer. See Hawaii Revised Statutes 431:10-102
  • Controlled substance: means a substance as defined in section 329-1. See Hawaii Revised Statutes 329C-1
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command. See Hawaii Revised Statutes 124A-1
  • Coordinator: means the rehabilitation coordinator provided for in section 209-4. See Hawaii Revised Statutes 209-1
  • Cost: means the total cost in carrying out all undertakings that the development corporation deems reasonable and necessary for the development of a project or industrial park, 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 or industrial park, including interest on bonds issued to finance such project or industrial park from the date thereof to the estimated date of completion of such project or industrial park 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 or industrial park; and the cost of indemnity and surety bonds, premiums on policies of insurance, legal fees, and fees and expenses of trustees, depositories, and paying agents for the bonds, and for the issuance of letters of credit or other banking arrangements whether for the development corporation or a qualified person; all as the development corporation shall deem necessary. See Hawaii Revised Statutes 206M-1
  • Council: means the environmental council established in section 341-3(c). See Hawaii Revised Statutes 341-2
  • Council: means the environmental council. See Hawaii Revised Statutes 343-2
  • County: means any county of the State. See Hawaii Revised Statutes 206E-2
  • County: shall include each county of the State, including the city and county of Honolulu. See Hawaii Revised Statutes 340A-1
  • County general plan: means the comprehensive long-range plan or development plan, if any, which has been adopted by ordinance or resolution by a county council. See Hawaii Revised Statutes 226-2
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credit hour: means the value assigned to an approved continuing education course that is equivalent to at least fifty minutes of classroom instruction. See Hawaii Revised Statutes 431:9A-102
  • Criminal conduct: means :

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

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

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

  • cushion: includes only those that are filled with rubber, feathers, or down. See Hawaii Revised Statutes 332-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of education. See Hawaii Revised Statutes 302A-101
  • Department: means the department of health. See Hawaii Revised Statutes 328J-1
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 209E-2
  • Department: means the department of health. See Hawaii Revised Statutes 328L-1
  • Department: means the department of health. See Hawaii Revised Statutes 329B-2
  • Department: means the department of health. See Hawaii Revised Statutes 329D-1
  • Department: means the department of health. See Hawaii Revised Statutes 333F-1
  • Department: means the department of health. See Hawaii Revised Statutes 342C-1
  • Department: means the department of health. See Hawaii Revised Statutes 342E-1
  • Department: means the department of human services. See Hawaii Revised Statutes 346E-1
  • Department: means department of health. See Hawaii Revised Statutes 321H-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
  • Development corporation: means the Hawaii technology development corporation established by section 206M-2. See Hawaii Revised Statutes 206M-1
  • Developmental disabilities: means a severe, chronic disability of a person which:

         (1)  Is attributable to a mental or physical impairment or combination of mental and physical impairments;

         (2)  Is manifested before the person attains age twenty-two;

         (3)  Is likely to continue indefinitely;

         (4)  Results in substantial functional limitations in three or more of the following areas of major life activity:  self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic sufficiency; and

         (5)  Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. See Hawaii Revised Statutes 333F-1

  • Director: means the director of health. See Hawaii Revised Statutes 328J-1
  • Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 209E-2
  • Director: means the director of health. See Hawaii Revised Statutes 328L-1
  • Director: means the director of health. See Hawaii Revised Statutes 329B-2
  • Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 209-1
  • Director: means the director of health. See Hawaii Revised Statutes 333F-1
  • Director: means the director of health. See Hawaii Revised Statutes 334B-2
  • Director: means the director of the department of health. See Hawaii Revised Statutes 340A-1
  • Director: means the director of health. See Hawaii Revised Statutes 340B-1
  • Director: means the director of health. See Hawaii Revised Statutes 340F-1
  • Director: means the director of environmental quality control. See Hawaii Revised Statutes 341-2
  • Director: means the director of health. See Hawaii Revised Statutes 342C-1
  • Director: means the director of health. See Hawaii Revised Statutes 342E-1
  • Director: means the director of human services. See Hawaii Revised Statutes 346E-1
  • Director: means the director of health. See Hawaii Revised Statutes 321H-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discretionary consent: means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent. See Hawaii Revised Statutes 343-2
  • 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
  • dispensary: means a person licensed by the State pursuant to this chapter to own, operate, or subcontract up to two production centers and up to two retail dispensing locations. See Hawaii Revised Statutes 329D-1
  • dispensing: means the act of a licensed dispensary providing cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for a fee. See Hawaii Revised Statutes 329D-1
  • Distribute: means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance. See Hawaii Revised Statutes 329C-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 the Heeia community development district. See Hawaii Revised Statutes 206E-201
  • District: means the stadium development district established by this part. See Hawaii Revised Statutes 206E-222
  • Diversion program: means a program administered by professionals to assist chemically dependent nurses in obtaining evaluation, counseling, monitoring, and ongoing support for rehabilitative purposes. See Hawaii Revised Statutes 334D-2
  • Docket: A log containing brief entries of court proceedings.
  • Drug: means a controlled substance as defined in chapter 329. See Hawaii Revised Statutes 329B-2
  • 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
  • Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately. See Hawaii Revised Statutes 328J-1
  • Eligible borrower: means any person or family, irrespective of race, creed, national origin, or sex, who:

         (1)  Has never before obtained a loan under this part; and

         (2)  Meets other qualifications as established by rules adopted by the authority. See Hawaii Revised Statutes 206E-101

  • 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

  • Eligible loan: means a loan to an eligible borrower for the purchase of a reserved housing unit; provided that the property financed is located in the community development district, is and will be occupied as the principal place of residence by the eligible borrower, and meets other requirements as established by rules adopted by the authority. See Hawaii Revised Statutes 206E-101
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers the person's services for a nonprofit entity. See Hawaii Revised Statutes 328J-1
  • Employee benefit plan: means any plan, fund, or program which was heretofore or is hereafter established in and under the laws of a state other than Hawaii by an employer or by an employee organization, or both, for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or annuity contracts or otherwise, medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death, or unemployment, or retirement benefits, and includes any profit-sharing plan which provides benefits at or after retirement. See Hawaii Revised Statutes 207-11
  • employee organization: means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning an employee benefit plan or other matters incidental to employment relationships or any employees' beneficiary association organized for the purpose, in whole or in part, of establishing such a plan. See Hawaii Revised Statutes 207-11
  • Employer: means a person, business, partnership, association, corporation, including the State or any of its political subdivisions, a trust, or nonprofit entity that employs the services of one or more individual persons, but shall not include the United States. See Hawaii Revised Statutes 328J-1
  • Enclosed indoor facility: means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from any exterior view and elements of weather; provided that the roof of an enclosed indoor facility utilized as a production center pursuant to a medical cannabis dispensary license application or license renewal application submitted after January 29, 2016, may be partially or completely transparent or translucent. See Hawaii Revised Statutes 329D-1
  • Enclosed or partially enclosed: means closed in by a roof or overhang and at least two walls. See Hawaii Revised Statutes 328J-1
  • Enterprise: means a person with a place of business in Hawaii which is, or proposes to be, engaged in business in Hawaii; provided that the endeavor shall not be devoted to the sale of goods at retail, construction of housing, or tourism-related services. See Hawaii Revised Statutes 206M-1
  • Enterprise zone: means an area nominated by, and within the jurisdiction of, a county government, and subsequently declared by the governor to be eligible for the benefits of this chapter. See Hawaii Revised Statutes 209E-2
  • Environment: means the complex of physical and biological conditions that influence human well-being, including land, air, water, minerals, flora, fauna, energy, noise, and places of historic or aesthetic significance. See Hawaii Revised Statutes 344-2
  • Environmental assessment: means a written evaluation to determine whether an action may have a significant effect. See Hawaii Revised Statutes 343-2
  • Establishment: means a single physical location where business is conducted. See Hawaii Revised Statutes 209E-2
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Flesch reading ease test: means the test set forth in section 431:10-106. See Hawaii Revised Statutes 431:10-102
  • 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
  • Foreign lender: means :

         (1)  "A depository institution" as defined in section 501(a)(2) of the federal Depository Institutions Deregulation and Monetary Control Act of 1980, a "real estate investment trust" as defined in the Internal Revenue Code, an insurance company, the principal office of which is in another state, whether incorporated or unincorporated and whether acting in its individual capacity or in a fiduciary capacity;

         (2)  The trustee or trustees from time to time in office of any employee benefit plan;

         (3)  A lender approved by the Secretary of the United States Department of Housing and Urban Development for participation in any mortgage insurance program under the National Housing Act;

         (4)  Any corporation of which all of the capital stock (except the directors' qualifying shares) is owned by one or more foreign lenders specified in paragraphs (1), (2), and (3); and

         (5)  Any corporation of which all of the capital stock (except for the directors' qualifying shares) is owned by one or more foreign lenders specified in paragraph (4);

    provided that the term "foreign lender" does not include any financial services loan company licensed under article 9 of chapter 412. See Hawaii Revised Statutes 207-11

  • Functional plan: means a plan setting forth the policies, statewide guidelines, and priorities within a specific field of activity, when such activity or program is proposed, administered, or funded by any agency of the State. See Hawaii Revised Statutes 226-2
  • Fund: means the Heeia community development revolving fund. See Hawaii Revised Statutes 206E-201
  • Generator: means any person or governmental agency which generates solid waste. See Hawaii Revised Statutes 340A-1
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124A-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
  • Grantor: The person who establishes a trust and places property into it.
  • Guidelines: means a stated course of action which is desirable and should be followed unless a determination is made that it is not the most desirable in a particular case; thus, a guideline may be deviated from without penalty or sanction. See Hawaii Revised Statutes 226-2
  • Habilitation: means the process by which the staff of an agency assists an individual to cope more effectively with the demands of his or her own person and environment and to raise the level of his or her physical, mental, and social functioning. See Hawaii Revised Statutes 333F-1
  • Halon: means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, including, without limitation, those compounds known as Halon-1301, Halon-1211, and Halon-2402. See Hawaii Revised Statutes 342C-1
  • Hawaii state plan: means a long-range comprehensive plan, including the overall theme, goals, objectives, policies, priority guidelines, and implementation mechanisms established in this chapter. See Hawaii Revised Statutes 226-2
  • Health care facility: means an office or institution, including all waiting rooms, hallways, private rooms, semiprivate rooms, and wards, which provides care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. See Hawaii Revised Statutes 328J-1
  • Health care provider: means any person, corporation, facility, or institution licensed by this State to provide health care services, including but not limited to a physician, hospital or other health care facility, nurse, psychologist, or substance abuse counselor, and officer, employee, or agent of such provider acting in the course and scope of employment or agency related to health care services. See Hawaii Revised Statutes 334B-2
  • Home state: means , with respect to an insured, the state in which an insured maintains the insured's principal place of business or, in the case of a surplus lines broker, the state in which the surplus lines broker maintains the surplus lines broker's principal residence or principal place of business and is licensed to act as a surplus lines broker; provided that if one hundred per cent of the insured risk is located out of the state where the insured maintains the insured's principal place of business or the state where the individual maintains the principal residence, the home state shall be the state where the greatest percentage of the insured's taxable premium for that insurance contract is allocated. See Hawaii Revised Statutes 431:8-102
  • Home state: means the District of Columbia or any state or territory of the United States in which an insurance producer maintains the producer's principal place of residence or principal place of business and is licensed to act as an insurance producer. See Hawaii Revised Statutes 431:9A-102
  • Imitation controlled substance: means a substance that is not a controlled substance, which by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. See Hawaii Revised Statutes 329C-1
  • Inactive: means that the authority of a license issued by the commissioner is not in effect. See Hawaii Revised Statutes 431:9A-102
  • Incinerator: means an engineered combustion device specifically designed for volume reduction by controlled burning of combustible solid waste. See Hawaii Revised Statutes 340A-1
  • 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.
  • Individual: means a natural person or a business entity. See Hawaii Revised Statutes 431:9A-102
  • Individualized service plan: means the written plan required by section 333F-6 that is developed by the individual, with the input of family, friends, and other persons identified by the individual as being important to the planning process. See Hawaii Revised Statutes 333F-1
  • Individually appropriate: means responsive to the needs of the person as determined through interdisciplinary assessment and provided pursuant to an individualized service plan that is person-centered and community-based. See Hawaii Revised Statutes 333F-1
  • Industrial park: means a tract of real property determined by the board as being suitable for use as building sites for projects by one or more industrial, processing, or manufacturing enterprises engaged in technology, including research, training, technical analyses, software development, and pilot plant or prototype product development, and may include the installation of improvements to the tract incidental to the use of real property as an industrial park, such as water, sewer, sewage and waste disposal, and drainage facilities, sufficient to adequately service projects in the industrial park, and provision of incidental transportation facilities, power distribution facilities, and communication facilities. See Hawaii Revised Statutes 206M-1
  • 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
  • Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10C-103
  • Institutional facility: means a:

         (1)  Hospital;

         (2)  Convalescent home;

         (3)  Nursing home;

         (4)  Extended care facility;

         (5)  Mental institution;

         (6)  Rehabilitation center;

         (7)  Health maintenance organization;

         (8)  Psychiatric center;

         (9)  Intellectual disability center;

        (10)  Penal institution; or

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

  • Insured: means :

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

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

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

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

  • Insured motor vehicle: means a motor vehicle:

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

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

  • Insurer: means any company, corporation, exchange, society, or association organized on the stock, mutual, assessment, or fraternal plan of insurance and authorized under the insurance laws of this State to issue life, disability, credit life, credit disability, homeowners, and motor vehicle insurance, including but not limited to fraternal benefit societies, nonprofit health service corporations, nonprofit hospital service corporations, health maintenance organizations, and mutual benefit societies. See Hawaii Revised Statutes 431:10-102
  • Insurer: means every person holding a valid certificate of authority to engage in the business of making contracts of motor vehicle insurance in this State. See Hawaii Revised Statutes 431:10C-103
  • Intellectual disability: means significantly subaverage general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period. See Hawaii Revised Statutes 333F-1
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interdisciplinary team: means a group of persons that is drawn from or represents those professions, disciplines, or service areas that are relevant to identifying an individual's needs and designing a program to meet them, and is responsible for evaluating the individual's needs, developing an individual program plan to meet them, periodically reviewing the individual's response to the plan, and revising the plan accordingly. See Hawaii Revised Statutes 333F-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
  • Internal Revenue Code: means subtitle A, chapter 1, of the federal Internal Revenue Code of 1986, as amended as of December 31, 2018, as it applies to the determination of gross income, adjusted gross income, ordinary income and loss, and taxable income, except those provisions of the Internal Revenue Code and federal public laws which, pursuant to this chapter, do not apply or are otherwise limited in application and except for the provisions of Public Law 109-001 which apply to section 170 of the Internal Revenue Code. See Hawaii Revised Statutes 235-2.3
  • 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

  • Landfill: means a land area used for the disposal of solid waste. See Hawaii Revised Statutes 340A-1
  • Law officer: means an official of a general court-martial detailed in accordance with section 124A-45. See Hawaii Revised Statutes 124A-1
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Least restrictive: means the least intrusive and least disruptive intervention into the life of a person with developmental or intellectual disability that represents the least departure from normal patterns of living that can be effective in meeting the person's developmental needs. See Hawaii Revised Statutes 333F-1
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • License: means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. See Hawaii Revised Statutes 302A-101
  • License: means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. See Hawaii Revised Statutes 431:9A-102
  • Licensee: means any type of insurance producer or producer. See Hawaii Revised Statutes 431:9A-102
  • Line of authority: means a category of insurance products, as set forth in section 431:9A-107(a), which an insurance producer may be licensed to sell pursuant to this article. See Hawaii Revised Statutes 431:9A-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loans: means obligations secured by liens upon real property, or any interest in real property, situated in this State, which liens may also cover such personal property as is or may from time to time be affixed or attached to or located on or in or about the real property or any improvements thereon or thereto, and include obligations secured by liens upon real property or interests therein situated both within and without this State. See Hawaii Revised Statutes 207-11
  • Local governing body: means the county council. See Hawaii Revised Statutes 206E-2
  • Long-term care services: means a broad range of supportive services needed by individuals with physical or mental impairments and have lost or never acquired the ability to function independently. See Hawaii Revised Statutes 346C-1
  • managed care: means a system for reviewing the appropriate and efficient allocation of mental health, alcohol, or drug abuse treatment services given or proposed to be given to a patient or group of patients for the purpose of recommending or determining whether such services should be reimbursed, covered, or provided by an insurer, plan or other entity or person. See Hawaii Revised Statutes 334B-2
  • Manufacture: means the production, preparation, or repackaging, labeling, or relabeling, of an imitation controlled substance. See Hawaii Revised Statutes 329C-1
  • Manufacture: means the preparation, propagation, compounding, conversion, or processing of a substance containing cannabis or its principal psychoactive constituent tetrahydrocannabinol, either directly or indirectly, by a person other than a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for the qualifying patient's or qualifying out-of-state patient's use, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. See Hawaii Revised Statutes 329D-1
  • Manufactured cannabis product: means any capsule, lozenge, oil or oil extract, tincture, ointment or skin lotion, pill, transdermal patch, or pre-filled and sealed container used to aerosolize and deliver cannabis orally, such as an inhaler or nebulizer, that has been manufactured using cannabis, or any other products as specified by the department pursuant to section 329D-10(a)(10). See Hawaii Revised Statutes 329D-1
  • mattress: as used in this chapter means any quilted pad, comforter, mattress, mattress-pad, bunk quilt, or cushion, stuffed or filled with wool, hair, or other soft material to be used on a couch or other bed and on which persons sleep or recline; provided that:

         (1)  The term "mattress" shall not include any items considered "beddings" under the federal Textile Fiber Products Identification Act (15 United States Code  70 et seq. See Hawaii Revised Statutes 332-1

  • Maximum limit: means the total personal injury protection benefits payable for coverage under section 431:10C-103. See Hawaii Revised Statutes 431:10C-103
  • Medical and health care services: means medical research and clinical trials, but not routine medical treatment or services. See Hawaii Revised Statutes 209E-2
  • Medical fee schedule: refers to the Medicare Resource Based Relative Value Scale System applicable to Hawaii, entitled "Workers' Compensation Supplemental Medical Fee Schedule". See Hawaii Revised Statutes 431:10C-103
  • Medical review officer: means an individual who has knowledge of substance abuse disorders and toxicology as determined by the department, and is appointed by the third party to receive, review, and interpret the results of laboratory tests requested by the third party. See Hawaii Revised Statutes 329B-2
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124A-1
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Hawaii Revised Statutes 124A-1
  • Monitor: means to conduct a systematic, coordinated, objective, qualitative review of services provided by any person, agency, or organization. See Hawaii Revised Statutes 333F-1
  • Monthly earnings: means :

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

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

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

  • Mortgage lender: means any bank, trust company, savings bank, national banking association, savings and loan association, building and loan association, mortgage banker, credit union, insurance company, or any other financial institution, or a holding company for any of the foregoing, which:

         (1)  Is authorized to do business in the State;

         (2)  Customarily provides service or otherwise aids in the financing of mortgages on single family or multi-family residential property; and

         (3)  Is a financial institution whose accounts are federally insured, or is an institution which is an approved mortgagee for the Federal Housing Administration, or is an approved lender for the Department of Veterans Affairs or the United States Department of Agriculture, or is an approved mortgage loan servicer for the Federal National Mortgage Association or the Federal Home Mortgage Corporation. See Hawaii Revised Statutes 206E-101

  • 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.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle, but not including motorcycles and motor scooters. See Hawaii Revised Statutes 431:10C-103
  • Motor vehicle accident: means an accident arising out of the operation, maintenance, or use of a motor vehicle, including an object drawn or propelled by a motor vehicle. See Hawaii Revised Statutes 431:10C-103
  • Motor vehicle insurance policy: means an insurance policy that meets the requirements of section 431:10C-301. See Hawaii Revised Statutes 431:10C-103
  • Motor vehicle renter: means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a rental period not to exceed ninety days. See Hawaii Revised Statutes 431:9A-141
  • 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
  • Neurotrauma: means a severe chronic disability of a person that is attributable to an injury to the central nervous system, such as traumatic brain injury and spinal cord injury, and likely to continue indefinitely. See Hawaii Revised Statutes 321H-1
  • Nonbusiness income: means all income other than business income. See Hawaii Revised Statutes 235-21
  • Nonpoint source pollution: means water pollution that does not originate from a point source. See Hawaii Revised Statutes 342E-1
  • Nurse: means a person who has been or is currently licensed under chapter 457. See Hawaii Revised Statutes 334D-2
  • Nursing facility: means a nursing facility licensed under sections 321-9 and 321-11 and any intermediate care facility for individuals with intellectual disabilities licensed under sections 321-9 and 321-11. See Hawaii Revised Statutes 346E-1
  • Nursing facility income: means the total compensation received for furnishing nursing facility services, including all receipts from "ancillary services" (as defined in 42 Code of Federal Regulations 413. See Hawaii Revised Statutes 346E-1
  • Office: means the office of planning. See Hawaii Revised Statutes 226-2
  • Office: means the office of environmental quality control established in section 341-3(a). See Hawaii Revised Statutes 341-2
  • Office: means the office of environmental quality control. See Hawaii Revised Statutes 343-2
  • Officer: means commissioned or warrant officer. See Hawaii Revised Statutes 124A-1
  • Open to the public: means enclosed or partially enclosed areas to which the public is invited or permitted and areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities, including but not limited to bars, educational facilities, financial institutions, health care facilities, hotel and motel lobbies, lanais, laundromats, public transportation facilities, including airport areas from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms, but does not include a private residence unless it is used as a child care, adult day care, or health care facility. See Hawaii Revised Statutes 328J-1
  • Operator: means any person or governmental agency which accepts solid waste for processing, disposing, or transferring at an incinerator, landfill site, resource recovery facility or transfer station. See Hawaii Revised Statutes 340A-1
  • Operator: means any individual who operates a wastewater treatment plant, or a major segment of a wastewater treatment plant. See Hawaii Revised Statutes 340B-1
  • Operator: means any individual who operates a public water system or a major segment of a public water system such as a water treatment plant or distribution system. See Hawaii Revised Statutes 340F-1
  • Operator: means any person operating a nursing facility, whether as owner or proprietor, or as lessee, sublessee, mortgagee in possession, licensee, or otherwise, or engaging or continuing in any service business that involves the actual furnishing of nursing facility services. See Hawaii Revised Statutes 346E-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any person or governmental agency which shall have title to solid waste. See Hawaii Revised Statutes 340A-1
  • Owner: means a person who holds the legal title to a motor vehicle; except that in the case of a motor vehicle which is the subject of a security agreement or lease with a term of not less than one year with the debtor or lessee having the right to possession, such term means the debtor or lessee. See Hawaii Revised Statutes 431:10C-103
  • Ozone-depleting compound: means any chlorofluorocarbon or halon, including those compounds known as methyl chloroform and carbon tetrachloride, or any other compound designated by the United States Environmental Protection Agency as being an ozone-depleting compound pursuant to Title 40, Part 82, Code of Federal Regulations, or any other compound designated by the department as being an ozone-depleting compound. See Hawaii Revised Statutes 342C-1
  • Person: means a sole proprietorship, partnership, joint venture, corporation, or other association of persons organized for commercial or industrial purposes. See Hawaii Revised Statutes 206M-1
  • Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 329D-1
  • Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other legal entity. See Hawaii Revised Statutes 340B-1
  • Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other private, county, state, or federal legal entity. See Hawaii Revised Statutes 340F-1
  • Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or a county, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342E-1
  • Person: includes any individual, partnership, firm, association, trust, estate, private corporation, or other legal entity other than an agency. See Hawaii Revised Statutes 343-2
  • Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10C-103
  • Personal vehicle: means a vehicle that is:

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

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

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

  • Petroleum: includes crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See Hawaii Revised Statutes 226-2
  • Pharmaceuticals and health care supplies: means any medicine (prescription or nonprescription, excluding all controlled substances listed in chapter 329) or health care supplies such as soap, personal sanitary products, baby formula, dietary supplement, health care aids such as thermometers, surgical gloves, or bandages, or any other item which is customarily fit for human consumption or external use, before the expiration date stamped on the product, if any. See Hawaii Revised Statutes 328C-1
  • Place of employment: means an area under the control of a public or private employer that employees normally frequent during the course of employment, including but not limited to auditoriums, cafeterias, classrooms, clubs, common work areas, conference rooms, elevators, employee lounges, hallways, medical facilities, meeting rooms, private offices, restrooms, and stairs. See Hawaii Revised Statutes 328J-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • poison: as used in this chapter , includes any chemical or preparation that has properties that are commonly considered poisonous or  is capable of affecting the human organism in such a way and to such an extent that its possession, sale, transfer, use, or storage is found by the department to require regulation for public health and safety. See Hawaii Revised Statutes 330-1
  • Pollution: means water pollution. See Hawaii Revised Statutes 342E-1
  • Portable: means capable of being carried in hand by one individual. See Hawaii Revised Statutes 342C-1
  • Positive test result: means a finding through confirmatory testing of the presence of drugs, alcohol, or the metabolites of drugs in the sample tested in the levels at or above the cutoff levels established by the director. See Hawaii Revised Statutes 329B-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Prearranged ride: means the provision of transportation by a transportation network company driver to a passenger, beginning when a transportation network company driver accepts a passenger's request for a ride through a digital network or software application service controlled by a transportation network company, continuing while the transportation network company driver transports the requesting passenger, and ending when the requesting passenger, or the last passenger from the requesting passenger's party, departs from the personal vehicle. See Hawaii Revised Statutes 431:10C-701
  • Priority guidelines: means those guidelines which shall take precedence when addressing areas of statewide concern. See Hawaii Revised Statutes 226-2
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See Hawaii Revised Statutes 431:9A-102
  • Production: includes the manufacture of medical cannabis products pursuant to this chapter. See Hawaii Revised Statutes 329D-1
  • production center: means a farm or facility wholly owned, operated, or subcontracted by a person licensed by the State pursuant to this chapter as a medical cannabis dispensary that produces cannabis and manufactured cannabis products solely to supply cannabis and manufactured cannabis products to one or more of the retail dispensing locations of the licensed medical cannabis dispensary. See Hawaii Revised Statutes 329D-1
  • Professional association: means a national or statewide association or committee of professionals, or a nonprofit organization operated in support of a professional association that is recognized by the board and designated to administer and monitor the diversion program. See Hawaii Revised Statutes 334D-2
  • Program: means the nonpoint source pollution management and control program established within the department pursuant to this chapter. See Hawaii Revised Statutes 342E-1
  • Program: means the long-term care financing program set forth in this chapter. See Hawaii Revised Statutes 346C-1
  • Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, a redevelopment project, or a residential project, all as defined as follows, or any combination thereof, which combination shall hereinafter be called and known as a "multipurpose project". See Hawaii Revised Statutes 206E-2
  • Project: means the acquisition, construction, improvement, installation, equipping, and development of any combination of land, buildings, and other improvements thereon, including, without limitation, parking facilities for use of, or to assist a technology industrial, manufacturing, or processing enterprise located within or without an industrial park, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus that shall be deemed necessary, suitable, or useful to the enterprise. See Hawaii Revised Statutes 206M-1
  • Project agreement: means any agreement entered into under this chapter by the development corporation with a qualified person to finance, construct, operate, or maintain a project or an industrial park from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist a technology industrial, manufacturing, or processing enterprise, including, without limitation, any lease, sublease, loan agreement, conditional sale agreement, or other similar financing contract or agreement, or any combination thereof. See Hawaii Revised Statutes 206M-1
  • Provider: means the person who is issued the license or certificate of registration, as the case may be, by the department to provide care in an adult foster or developmental disabilities domiciliary home. See Hawaii Revised Statutes 333F-1
  • Public agency: means any office, department, board, commission, bureau, division, public corporation agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206E-2
  • Public agency: means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206M-1
  • Public facilities: includes streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the district, sites for schools, parks, parking garage, sidewalks, pedestrian ways, and other community facilities. See Hawaii Revised Statutes 206E-2
  • Public 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 utility: has the meaning given that term in section 269-1. See Hawaii Revised Statutes 235-21
  • 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 nonprofit housing trust: means a corporation, association, or other duly chartered organization that is registered and in good standing with the State; is recognized by the Internal Revenue Service as a charitable or otherwise tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and has the capacity and resources as determined by the authority to carry out the requirements of the reserved housing and workforce housing programs. See Hawaii Revised Statutes 206E-2
  • Qualified person: means any individual, firm, partnership, corporation, association, cooperative, or other legal entity, governmental body or public agency, or any combination of the foregoing, possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of a project and other qualifications as may be deemed desirable by the development corporation in administering this chapter and which enters into a project agreement with the development corporation. See Hawaii Revised Statutes 206M-1
  • Qualified security: means any note, stock, treasury stock bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate of subscription, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or patent application, or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a "security" or any certificate for, receipt for, or option, warrant, or right to subscribe to or purchase any of the foregoing. See Hawaii Revised Statutes 206M-1
  • Real property: means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 206E-2
  • Real property: means lands, structures, and interests therein, and natural resources including water, minerals, and all such things connected with land, including lands under water and riparian rights, space rights, air rights, and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 206M-1
  • 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
  • Regulation: means any rule and regulation promulgated by the commissioner pursuant to chapter 91. See Hawaii Revised Statutes 431:10C-103
  • Rehabilitation area: means any area of the State struck by a state disaster and declared to be in need of rehabilitation by the governor pursuant to section 209-2. See Hawaii Revised Statutes 209-1
  • rental agreement: means any written agreement setting forth the terms and conditions governingthe use of a motor vehicle that is rented or leased from a rental company. See Hawaii Revised Statutes 431:9A-141
  • rental company: means any person that is primarily in the business of providing motor vehicles to the public under a motor vehicle rental agreement for a rental period not to exceed ninety days. See Hawaii Revised Statutes 431:9A-141
  • rental company producer: means a motor vehicle rental company that is licensed by the commissioner to solicit and sell insurance coverages only in connection with and which are incidental to the rental company's business of renting motor vehicles. See Hawaii Revised Statutes 431:9A-141
  • Replacement vehicle: means a specific, comparable, and available vehicle in as good or better overall condition than the total loss vehicle. See Hawaii Revised Statutes 431:10C-103
  • 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).
  • Representative: means any individual who can advise and advocate for a person with developmental or intellectual disabilities and who shall serve at the request and pleasure of such person; provided that if the person with developmental or intellectual disabilities is a minor or is legally incapacitated and has not requested a representative, the parent or guardian may request a representative to assist on behalf of the person with developmental or intellectual disabilities. See Hawaii Revised Statutes 333F-1
  • 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.
  • Reserved housing: means housing designated for residents in the low- or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule. See Hawaii Revised Statutes 206E-101
  • Reserved housing: means housing designated for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule. See Hawaii Revised Statutes 206E-2
  • Reserved housing loan programs: includes all or any part of the loan to lenders program, the purchase of existing loans program, the advance commitments program, and the eligible loan and eligible project loan funding program authorized under this part. See Hawaii Revised Statutes 206E-101
  • residential: means the living space occupied by the person with a developmental or intellectual disability, including single-person homes, natural family homes, care homes, group homes, foster homes, institutional facilities, and all other types of living arrangements. See Hawaii Revised Statutes 333F-1
  • Residential project: means a project or that portion of a multipurpose project, including residential dwelling units, designed and intended for the purpose of providing housing and any facilities as may be incidental or appurtenant thereto. See Hawaii Revised Statutes 206E-2
  • Resource recovery facility: means a facility in which solid waste is reprocessed into new products in such manner that original products lose their identity. See Hawaii Revised Statutes 340A-1
  • Respite care: means a service provided in a least restrictive environment for short term care to meet the needs, ranging from simple to complex, of persons with developmental or intellectual disabilities. See Hawaii Revised Statutes 333F-1
  • restaurant: includes a bar area within the restaurant and outdoor areas of restaurants. See Hawaii Revised Statutes 328J-1
  • Retail dispensing location: means an establishment owned, operated, or subcontracted by a medical cannabis dispensary where cannabis and manufactured cannabis are made available for retail sale to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. See Hawaii Revised Statutes 329D-1
  • Revenue bonds: means bonds, notes, or other evidence of indebtedness of the authority issued to finance any of the reserved housing loan programs under this part. See Hawaii Revised Statutes 206E-101
  • Review agent: means a hospital or nonhospital-affiliated person or entity performing utilization review or managed care that is either affiliated with, under contract with, or acting on behalf of:

         (1)  A business entity in this State; or

         (2)  A third party that provides or administers hospital, medical, psychological, or other health care benefits to citizens of this State, including a health insurer, nonprofit health service plan, health insurance service organization, health maintenance organization, or preferred provider organization authorized to offer health insurance policies or contracts in this State. See Hawaii Revised Statutes 334B-2

  • Sales: means all gross receipts of the taxpayer not allocated under sections 235-24 to 235-28. See Hawaii Revised Statutes 235-21
  • Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See Hawaii Revised Statutes 431:9A-102
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • service animal: means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. See Hawaii Revised Statutes 347-2.5
  • Service 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
  • Services: means appropriate assistance provided to a person with a developmental or intellectual disability in the least restrictive, individually appropriate environment to provide for basic living requirements and continuing development of independence or interdependent living skills of the person. See Hawaii Revised Statutes 333F-1
  • sickness insurance: shall include an accident-only; specified disease; hospital indemnity; long-term care; disability; dental; vision; medicare supplement; short-term, limited-duration health insurance; or other limited benefit health insurance contract regardless of the manner in which benefits are paid; provided that if any of the requirements in the foregoing sections as applied to long-term care insurance conflict with article 10H, the provisions of article 10H shall govern and control. See Hawaii Revised Statutes 431:10A-607
  • Significant effect: means the sum of effects on the quality of the environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, are contrary to the State's environmental policies or long-term environmental goals as established by law, or adversely affect the economic welfare, social welfare, or cultural practices of the community and State. See Hawaii Revised Statutes 343-2
  • Small Business Administration: means the Small Business Administration of the United States. See Hawaii Revised Statutes 209-1
  • Smoking: includes the use of an electronic smoking device. See Hawaii Revised Statutes 328J-1
  • Socio-cultural advancement: means those collective efforts, through governmental or private organizations or both, to improve the community or social well-being by carrying out the objectives and policies as related to:  housing, health, education, social services, leisure, individual rights, culture, and public safety. See Hawaii Revised Statutes 226-2
  • Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See Hawaii Revised Statutes 431:9A-102
  • Solid waste: means garbage, refuse and other discarded solid materials, including solid waste materials resulting from industrial and commercial operations, and from community activities. See Hawaii Revised Statutes 340A-1
  • Source separated waste: means recyclable waste materials which are set aside at their point of generation for segregated collection and transport to specialized waste processing sites or final manufacturing markets. See Hawaii Revised Statutes 340A-1
  • Special facility: means one or more buildings, structures, or facilities and the land thereof located in an industrial park for the technology industry, including, without limitation, facilities for technology research, development, support, processing, and manufacturing, which are the subject of a special facility lease. See Hawaii Revised Statutes 206M-41
  • Special facility lease: includes a contract, lease, or other agreement, or any combination thereof, the subject matter of which is the same special facility. See Hawaii Revised Statutes 206M-41
  • Special facility revenue bonds: means all bonds, notes, and other instruments of indebtedness of the State issued pursuant to this part and part III of chapter 39. See Hawaii Revised Statutes 206M-41
  • State: means the State of Hawaii. See Hawaii Revised Statutes 206-1
  • State: means any of the United States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, and Virgin Islands. See Hawaii Revised Statutes 207-11
  • State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. See Hawaii Revised Statutes 235-21
  • State: includes states, territories, districts, and insular and other possessions of the United States. See Hawaii Revised Statutes 337-1
  • State agency: means any department, office, board, or commission of the State, or the University of Hawaii. See Hawaii Revised Statutes 226-2
  • State disaster: means any unfortunate, sudden, and extraordinary occurrence declared by the governor pursuant to section 209-2 to have caused losses and suffering of such character and magnitude as to require and justify rehabilitative assistance from the State. See Hawaii Revised Statutes 209-1
  • State judge advocate: means the commissioned officer responsible for supervising the administration of the military justice in the state military forces. See Hawaii Revised Statutes 124A-1
  • State programs: means a combination of actions and activities undertaken by any state agency that are designed, coordinated, and executed to achieve an objective or set of objectives and policies within defined areas of concern. See Hawaii Revised Statutes 226-2
  • State waters: means all waters, fresh, brackish, or salt, around and within the State including, but not limited to, coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, groundwaters, and lakes; provided that drainage ditches, canals, ponds, wetlands, and reservoirs required as a part of a water pollution control system or an irrigation system are excluded. See Hawaii Revised Statutes 342E-1
  • statement: means an informational document prepared in compliance with the rules adopted under section 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural practices of the community and State, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects. See Hawaii Revised Statutes 343-2
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Substance abuse on-site screening test: means a portable substance abuse test that meets the requirements of the United States Food and Drug Administration for commercial distribution or is manufactured by a facility that is minimally certified as meeting the ISO 13485 standard established by the International Organization for Standardization and which may be used by an employer in the workplace. See Hawaii Revised Statutes 329B-2
  • Substance abuse test: means any testing procedure designed to take and analyze body fluids or materials from the body for the purpose of measuring the amount of drugs, alcohol, or the metabolites of drugs in the sample tested. See Hawaii Revised Statutes 329B-2
  • Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
  • Supervisor: means , where shift operation is not required, any individual who has direct responsibility for the operation of a wastewater treatment plant or who supervises operators of such a plant. See Hawaii Revised Statutes 340B-1
  • Surplus lines broker: means any person licensed under section 431:8-310 to place insurance on risks resident, located, or to be performed in this State with unauthorized insurers. See Hawaii Revised Statutes 431:8-102
  • Surplus lines insurance: means any property and casualty insurance on risks procured from or placed with an unauthorized insurer under the laws of the insured's home state. See Hawaii Revised Statutes 431:8-102
  • Sustainability: means achieving the following:

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

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

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

  • 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
  • Technology: means industries that are technology-intensive, including but not limited to electronics, biotechnology, software, computers, telecommunications, and other computer-related technologies. See Hawaii Revised Statutes 206M-1
  • 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
  • Text: includes all printed material in the contract except:

         (1)  The insurer's name and address;

         (2)  The name, number, or title of the contract;

         (3)  The table of contents or index;

         (4)  Any captions or subcaptions;

         (5)  Any specification pages, schedules, or tables;

         (6)  Any language required by federal law, regulation, or agency interpretation or any written certification to exclude such language;

         (7)  Any language required by any collective bargaining agreement;

         (8)  Any medical terminology; and

         (9)  Any definitions. See Hawaii Revised Statutes 431:10-102

  • Third party: means any person, agency, employer or any other entity who requests substance abuse testing of another person or persons. See Hawaii Revised Statutes 329B-2
  • Tobacco prevention and control: means activities or programs that attempt to reduce tobacco consumption. See Hawaii Revised Statutes 328L-1
  • Tobacco product: means any product made or derived from tobacco, that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. See Hawaii Revised Statutes 328J-1
  • Tobacco settlement moneys: refers to moneys received by the State pursuant to the tobacco master settlement agreement. See Hawaii Revised Statutes 328L-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.
  • 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 station: means a supplemental transportation facility used as an adjunct to solid waste route collection vehicles, which facility may be fixed or mobile and may include recompaction of solid waste. See Hawaii Revised Statutes 340A-1
  • Transportation network company: means an entity that uses a digital network or software application service to connect passengers to transportation network company drivers; provided that the entity:

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

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

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

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

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

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

  • Trust indenture: means an agreement by and between the authority and the trustee, which sets forth the duties of the trustee with respect to the revenue bonds, the security therefor, and other provisions as deemed necessary or convenient by the authority to secure the revenue bonds. See Hawaii Revised Statutes 206E-101
  • Trustee: means a national or state bank or trust company within or without the State which enters into a trust indenture. See Hawaii Revised Statutes 206E-101
  • U-drive motor vehicle: means a motor vehicle which is rented or leased or offered for rent or lease to a customer from an operator of a U-drive rental business. See Hawaii Revised Statutes 431:10C-103
  • U-drive rental business: means the business of renting or leasing to a customer a motor vehicle for a period of six months or less notwithstanding the terms of the rental or lease if in fact the motor vehicle is rented or leased for a period of six months or less. See Hawaii Revised Statutes 431:10C-103
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Uninsured motor vehicle: means any of the following:

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

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

  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
  • University: means the University of Hawaii. See Hawaii Revised Statutes 341-2
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • vehicle: means a motor vehicle:

         (1)  Of the private passenger type including passenger vans, minivans, and sport utility vehicles; or

         (2)  Of the cargo type, including cargo vans or pickup trucks with a gross vehicle weight of less than twenty-six thousand pounds,

    that do not require a commercial driver's license for the operation of the vehicle. See Hawaii Revised Statutes 431:9A-141

  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Wastewater treatment plant: means the various facilities used in the treatment of wastewater, including a wastewater reclamation plant, but excluding a private sewage treatment plant with actual flows greater than 2. See Hawaii Revised Statutes 340B-1
  • Without regard to fault: means irrespective of fault as a cause of accidental harm, and without application of the principle of liability based on negligence. See Hawaii Revised Statutes 431:10C-103
  • Workforce housing: means new residential projects where at least seventy-five per cent of the residential units are set aside for purchase or rent for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rules and that do not require financial assistance for design and construction from federal, state, or county government agencies. See Hawaii Revised Statutes 206E-2