Terms Used In Hawaii Revised Statutes > Title 12 > Subtitle 5 - Aquatic Resources and Wildlife

• 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.
• Adjustment rate: means a percentage rate or rates of adjustment of the assessment base determined by the director of finance at the time the tax increment district is established, based on the historical and projected increases to the assessed values of taxable real property within the boundary of the tax increment district and the projected cost increases to the county for servicing the new developments within the tax increment district. See Hawaii Revised Statutes 46-102
• Administrator: means the administrator of the Hawaii emergency management agency established by section 127A-3. See Hawaii Revised Statutes 127A-2
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• After-care: means any assistance provided by a caregiver to a patient following the patient's discharge from a hospital that is related to the patient's condition at the time of discharge, including but not limited to assisting with basic activities of daily living, instrumental activities of daily living, and other tasks determined to be appropriate by the discharging physician or other health care professional licensed pursuant to chapter 453 or 457. See Hawaii Revised Statutes 323G-1
• Agency: means the Hawaii emergency management agency established by section 127A-3. See Hawaii Revised Statutes 127A-2
• Agency: means the Hawaii emergency management agency. See Hawaii Revised Statutes 127D-2
• agency: means an agency defined in § 53-1 or the Hawaii community development authority as established pursuant to chapter 206E. See Hawaii Revised Statutes 46-102
• Allegation: something that someone says happened.
• AMC national registry: means the registry of state-registered appraisal management companies and federally regulated appraisal management companies maintained by the Appraisal Subcommittee. See Hawaii Revised Statutes 466L-2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means any person who applies for a certificate of need under part V. See Hawaii Revised Statutes 323D-2
• Application: means a conservation district use application. See Hawaii Revised Statutes 190D-3
• Appraisal: A determination of property value.
• Appraisal management company: means a person that:

  (1) Provides appraisal management services to creditors or secondary mortgage market participants, including affiliates;

  (2) Provides appraisal management services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating these transactions into securitizations; and

  (3) Within a twelve-month calendar year, beginning January 1 of each year and ending on December 31 of each year, oversees an appraiser panel of more than fifteen state-certified or state-licensed appraisers in a state or twenty-five or more state-certified or state-licensed appraisers in two or more states, as described in section 466L-5. See Hawaii Revised Statutes 466L-2

• Appraisal management services: means one or more of the following:

  (1) Recruiting, selecting, and retaining appraisers;

  (2) Contracting with state-certified or state-licensed appraisers to perform appraisal assignments;

  (3) Managing the process of having an appraisal performed, including providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary market participants; collecting fees from creditors and secondary market participants for services provided; and paying appraisers for services performed; and

  (4) Reviewing and verifying the work of appraisers. See Hawaii Revised Statutes 466L-2

• Appraisal review: means the process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment or appraisal review assignment related to the appraiser's data collection, analysis, opinions, conclusions, estimate of value, or compliance with the Uniform Standards of Professional Appraisal Practice. See Hawaii Revised Statutes 466L-2
• Appraisal Subcommittee: means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council created pursuant to title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989. See Hawaii Revised Statutes 466L-2
• appraiser panel: include :

  (1) Appraisers accepted by the appraisal management company for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; and

  (2) Appraisers engaged by the appraisal management company to perform one or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions. See Hawaii Revised Statutes 466L-2

• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Appurtenant works: means any structure, such as spillways in the dam or separate therefrom, the reservoir and its rim, low level outlet works, aboveground freshwater storage tanks, and water conduits, such as tunnels, pipelines, or penstocks, through the dam or its abutment. See Hawaii Revised Statutes 39A-341
• Aquaculture: means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes. See Hawaii Revised Statutes 187A-1
• Aquatic life: means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, products, and other parts thereof. See Hawaii Revised Statutes 187A-1
• Arbitrator: means an individual appointed to render an award in a controversy that is subject to an agreement to arbitrate. See Hawaii Revised Statutes 466K-5
• Assessment base: means the total assessed values of all taxable real property in a tax increment district as most recently certified by the director of finance on the date of creation of the tax increment district. See Hawaii Revised Statutes 46-102
• Assessment increment: means the amount by which the current assessed values of taxable real property located within the boundaries of a tax increment district exceeds its assessment base. See Hawaii Revised Statutes 46-102
• Assistance: means emergency responders and resources provided by a responding member county in response to a request from a requesting member county. See Hawaii Revised Statutes 127D-2
• Assisted living facility: means a combination of housing, health care services, and personalized support services designed to respond to individual needs, and to promote choice, responsibility, independence, privacy, dignity, and individuality. See Hawaii Revised Statutes 323D-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.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Board: means the board of psychology. See Hawaii Revised Statutes 465-1
• Board: means the radiologic technology board. See Hawaii Revised Statutes 466J-1
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 190D-3
• Board: means the board of education. See Hawaii Revised Statutes 302A-101
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 187A-1
• Bonds: means bonds, notes, and other instruments of indebtedness. See Hawaii Revised Statutes 47-1
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-311
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-341
• Business: includes every trade, occupation, and profession. See Hawaii Revised Statutes 425-101
• Capital expenditure: means any purchase or transfer of money or anything of value or enforceable promise or agreement to purchase or transfer money or anything of value incurred by or in behalf of any person for construction, expansion, alteration, conversion, development, initiation, or modification as defined in this section. See Hawaii Revised Statutes 323D-2
• Caregiver: means any individual duly designated by a patient to provide after-care to the patient in the patient's residence. See Hawaii Revised Statutes 323G-1
• Certificate of need: means an authorization, when required pursuant to § 323D-43, to construct, expand, alter, or convert a health care facility or to initiate, expand, develop, or modify a health care service. See Hawaii Revised Statutes 323D-2
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 190D-3
• Chambers: A judge's office.
• Charitable organization: means :

  (1) Any person determined by the Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or

  (2) Any person who is or holds itself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary purpose, or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal that has a tendency to suggest there is a charitable purpose to the solicitation. See Hawaii Revised Statutes 467B-1

• Charitable purpose: means :

  (1) Any purpose described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or

  (2) Any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary objective. See Hawaii Revised Statutes 467B-1

• Commercial co-venturer: means a person who, for profit, is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or charitable purposes, and who conducts charitable sales promotions. See Hawaii Revised Statutes 467B-1
• Commercial lease: means a lease of state marine waters or submerged lands for marine activities designed for profit. See Hawaii Revised Statutes 190D-3
• Commercial marine dealer: means any person who sells or exchanges, or who is an agent in the transfer of marine life obtained directly from a commercial marine licensee, or any commercial marine licensee who sells or exchanges marine life at retail. See Hawaii Revised Statutes 187A-1
• Commercial marine license: means a license issued to take marine life within or outside the State for commercial purpose. See Hawaii Revised Statutes 187A-1
• Commercial marine licensee: means a person who has been issued a commercial marine license pursuant to § 189-2. See Hawaii Revised Statutes 187A-1
• Commercial purpose: means the taking of marine life for profit or gain or as a means of livelihood where the marine life is taken in or outside of the State, or where the marine life is sold, offered for sale, landed, or transported for sale anywhere in the State. See Hawaii Revised Statutes 187A-1
• Commission: means the real estate commission of the State. See Hawaii Revised Statutes 467-1
• Committee: means the joint legislative management committee established under this chapter. See Hawaii Revised Statutes 21E-1
• Committee: means the joint legislative budget committee. See Hawaii Revised Statutes 21F-2
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• 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.
• Community development plan: means a plan established pursuant to section 206E-5. See Hawaii Revised Statutes 46-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Consumer credit: means credit offered or extended to a consumer primarily for personal, family, or household purposes. See Hawaii Revised Statutes 466L-2
• Contact information: means name, phone number, electronic mail address, and address of residence, where available. See Hawaii Revised Statutes 323G-1
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuing education: means courses approved by the American Psychological Association, the Hawaii Psychological Association, or other state or provincial psychological associations. See Hawaii Revised Statutes 465-1
• Contribution: means the promise or grant of any money or property of any kind or value, including the promise to pay, except payments by members of a charitable organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, if membership in the charitable organization confers a bona fide right, privilege, professional standing, honor, or other direct benefit, other than the right to vote, elect officers, or hold offices, and except money or property received from any governmental authority, or a grant or subsidy from any organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code. See Hawaii Revised Statutes 467B-1
• Controlling person: means :

  (1) An officer, director, or owner of greater than a ten per cent interest of a corporation, partnership, or other business entity seeking to act as an appraisal management company in the State;

  (2) An individual employed, appointed, or authorized by an appraisal management company who has the authority to:

  (A) Enter a contractual relationship with other persons for performance of services requiring registration as an appraisal management company; and

  (B) Enter agreements with appraisers for the performance of appraisals; or

  (3) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company. See Hawaii Revised Statutes 466L-2

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: means the body corporate and politic known as the Hawaii health systems corporation. See Hawaii Revised Statutes 323F-1
• Corporation board: means the board of directors of the corporation. See Hawaii Revised Statutes 323F-1
• Council: means the Hawaii advisory council on emergency management as established by section 127A-4. See Hawaii Revised Statutes 127A-2
• Council: means the council of the county in which a tax increment district is situated. See Hawaii Revised Statutes 46-102
• Council: means the county council. See Hawaii Revised Statutes 46-162
• County: means the city and county of Honolulu, and the counties of Hawaii, Kauai, and Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter. See Hawaii Revised Statutes 127A-2
• County: means the city and county of Honolulu or the county of Hawaii, Kauai, or Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter. See Hawaii Revised Statutes 127D-2
• County: means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui. See Hawaii Revised Statutes 48E-1
• County: means the counties of Hawaii, Kauai, and Maui and the city and county of Honolulu. See Hawaii Revised Statutes 47-1
• County emergency management agency: means a county-level entity responsible for emergency management within the respective counties as established in section 127A-5. See Hawaii Revised Statutes 127A-2
• County executive agency: means any department, office, board, or commission of a county. See Hawaii Revised Statutes 46-122
• County legislative body: means the city council or county council of a county. See Hawaii Revised Statutes 46-122
• Creditor: means a person who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments (not including a down payment) and to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract. See Hawaii Revised Statutes 466L-2
• Critical infrastructure: means those systems, facilities, and assets, whether physical or virtual, so vital to a county, the State, or the nation that the incapacity or destruction of such systems, facilities, or assets would have a debilitating impact on national, state, or county security; economic security; public health or safety; or any combination of those matters. See Hawaii Revised Statutes 127A-2
• Custodian or caretaker: means any individual, who for compensation or valuable consideration, is employed as an employee by a single owner and has the responsibility to manage or care for that real property left in the individual's trust; provided that the term "custodian" or "caretaker" shall not include any individual who leases or offers to lease, or rents or offers to rent, any real estate for more than a single owner; provided further that a single owner shall not include an association of owners of a condominium, cooperative, or planned unit development. See Hawaii Revised Statutes 467-1
• Dam: means any artificial barrier, including appurtenant works, that impounds or diverts water and that:

  (1) Is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse to a maximum water storage elevation;

  (2) Has an impounding capacity at maximum water storage elevation of fifty acre-feet or more; provided that this definition shall not apply to any artificial barrier that is less than six feet in height regardless of storage capacity or that has a storage capacity at maximum water storage elevation less than fifteen acre-feet regardless of height; or

  (3) Meets additional criteria or is specifically exempt as determined pursuant to rules adopted by the board of land and natural resources. See Hawaii Revised Statutes 39A-341

• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 189-21
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 189-42
• Department: means the department of health. See Hawaii Revised Statutes 323F-1
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 466L-2
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 190D-3
• Department: means the department of the attorney general. See Hawaii Revised Statutes 467B-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 188F-1
• Department: means the department of education. See Hawaii Revised Statutes 302A-101
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 48-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 187A-1
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-311
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-341
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Development rights: means the rights permitted for a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bulk, or height of improvements thereon. See Hawaii Revised Statutes 46-162
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 465-1
• Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 189-21
• Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 189-42
• Director: means the director of health. See Hawaii Revised Statutes 323F-1
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 466L-2
• Director: means the director of the Hawaii emergency management agency established by section 127A-3, and who is the same as the adjutant general as provided in section 26-21. See Hawaii Revised Statutes 127A-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 425-101
• Director of finance: means the director of finance of a county. See Hawaii Revised Statutes 48E-1
• Director of finance: means the officer or officers of the county charged with the responsibility of administering the real property taxation function of the county. See Hawaii Revised Statutes 46-102
• Director of finance: means the director of finance of each county. See Hawaii Revised Statutes 47-1
• Disaster: means any emergency, or imminent threat thereof, which results or may likely result in loss of life, property, or environment and requires, or may require, assistance from other counties, states, the federal government, or from private agencies. See Hawaii Revised Statutes 127A-2
• Discharge: means a patient's exit or release from a hospital to the patient's residence following any medical care or treatment rendered to the patient following an inpatient admission. See Hawaii Revised Statutes 323G-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distribution: means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee. See Hawaii Revised Statutes 425-101
• district: means a contiguous or noncontiguous geographic area designated pursuant to § 46-103 by the county council for the purpose of tax increment financing. See Hawaii Revised Statutes 46-102
• Division: means the programs, services, and facilities operated by the department of health, division of community hospitals, prior to the transfer date. See Hawaii Revised Statutes 323F-1
• Donor: The person who makes a gift.
• Dwelling: includes an individual condominium unit, cooperative unit, mobile home, and trailer, if it is used as a residence. See Hawaii Revised Statutes 466L-2
• Economic development bond: means any general or revenue bond issued by any political subdivision of the State for the purpose of financing the purchase or lease of land; the purchase or construction, including reconstruction, improvement, expansion, extension, and enlargement, of buildings and appurtenances; and the purchase and installation of machinery, equipment, or fixtures, when the purchases or leases are made primarily for sale or continuing lease to a private individual, partnership, or corporation for use in connection with the development of an agricultural, industrial, commercial, or hotel enterprise. See Hawaii Revised Statutes 48-1
• Economic unit: means the water column, state submerged lands beneath the water column, and water surface above the water column which shall be treated as one economic unit for the calculation of lease rents. See Hawaii Revised Statutes 190D-3
• Election officials: means persons designated as officials by the chief election officer. See Hawaii Revised Statutes 11-1
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic transmission: means the transmission of a blank or voted ballot by facsimile or electronic mail delivery, or the use of an online absentee ballot delivery and return system, which may include the ability to mark the ballot. See Hawaii Revised Statutes 11-1
• emergency: means any state of affairs or circumstances which imperils the availability to the public of commodities necessary to public health, safety, or welfare or which results in any substantial interruption of commerce to or within the State. See Hawaii Revised Statutes 125-1
• Emergency: means any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment. See Hawaii Revised Statutes 127A-2
• Emergency: means an event or set of circumstances that:
  (1) Demands immediate action to preserve public health, protect life and public property, or provide relief to any stricken community overtaken by the event or circumstance; or
  (2) Reaches a dimension or degree of destructiveness as to warrant the declaration of a state of emergency or local state of emergency, pursuant to § 127A-14. See Hawaii Revised Statutes 127D-2
• Emergency management: means a comprehensive integrated system at all levels of government, and also in the private sector, which develops and maintains an effective capability to prevent, prepare for, respond to, mitigate, and recover from emergencies or disasters. See Hawaii Revised Statutes 127A-2
• Emergency period: means the dates covered by a proclamation issued by the governor declaring a state of emergency or by a mayor declaring a local state of emergency. See Hawaii Revised Statutes 127A-2
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evacuation: means the immediate and rapid movement of individuals and animals away from the threat or actual occurrence of any hazard, emergency, or disaster, and includes vertical evacuation, which is moving to a higher floor or higher ground in order to gain safety above the height of expected inundation by water as recommended by the county emergency management agency. See Hawaii Revised Statutes 127A-2
• Ex officio: Literally, by virtue of one's office.
• Expenditure minimum: means $4,000,000 for capital expenditures, $1,000,000 for new or replacement medical equipment and $400,000 for used medical equipment. See Hawaii Revised Statutes 323D-2
• Extended care adult residential care home: means an adult residential care home providing twenty-four-hour living accommodation for a fee, for adults unrelated to the licensee. See Hawaii Revised Statutes 323D-2
• Facilities: except as otherwise provided in this chapter, includes any infrastructure, buildings and other structures, shelters, land, roads, highways, thoroughfares, walks, roadways, bridges, public rights of way, and any appurtenant facilities, structures, and materials. See Hawaii Revised Statutes 127A-2
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal 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}
• Federally regulated appraisal management company: means an appraisal management company that is owned and controlled by an insured depository institution, as defined in title 12 United States Code § 1813, and regulated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, or the Federal Deposit Insurance Corporation. See Hawaii Revised Statutes 466L-2
• Federally related transaction: means any real estate-related financial transaction that involves an insured depository institution regulated by the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, or National Credit Union Administration, and that requires the services of an appraiser under the interagency appraisal rules. See Hawaii Revised Statutes 466L-2
• Fiduciary: A trustee, executor, or administrator.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign limited liability partnership: means a partnership that:

  (1) Is formed under laws other than the laws of this State; and

  (2) Has the status of a limited liability partnership under those laws. See Hawaii Revised Statutes 425-101

• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Governing body: means the body, council, or board charged with exercising the legislative authority of a political subdivision of the State. See Hawaii Revised Statutes 48-1
• Governing body: means the body, council, or board charged with exercising the legislative authority of a county. See Hawaii Revised Statutes 48E-1
• Governing body: means the council of each county, or any other body exercising the legislative powers of the county. See Hawaii Revised Statutes 47-1
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Harvest: means the taking and retaining of marine life by any means whatsoever. See Hawaii Revised Statutes 187A-1
• HAWIAN: means the Hawaii area-wide information network. See Hawaii Revised Statutes 21D-1
• Hazard: means an event or condition of the physical environment that results or may likely result in damage to property, injuries or death to individuals, or damage to the environment that may result in an emergency or disaster. See Hawaii Revised Statutes 127A-2
• Health: includes physical and mental health. See Hawaii Revised Statutes 323D-2
• health care service: include any program, institution, place, building, or agency, or portion thereof, private or public, other than federal facilities or services, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. See Hawaii Revised Statutes 323D-2
• health care services: means the provision of services in an assisted living facility that assists the resident in achieving and maintaining the highest state of positive well-being (i. See Hawaii Revised Statutes 323D-2
• Health facility: means any one of the facilities that constitute the division of community hospitals. See Hawaii Revised Statutes 323F-1
• Hospital: means a facility licensed under section 321-14. See Hawaii Revised Statutes 323G-1
• Hotel: includes a structure or structures used primarily for the business of providing transient lodging for periods of less than thirty days and which furnishes customary hotel services including but not limited to front desk, restaurant, daily maid and linen service, bell service, or telephone switchboard; provided that for the purposes of this chapter, units in a project as defined by § 514B-3 that provide customary hotel services shall be excluded from the definition of hotel. See Hawaii Revised Statutes 467-1
• House: means the state house of representatives. See Hawaii Revised Statutes 21F-2
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• 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. See Hawaii Revised Statutes 425-101
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Large fishing vessel: means any vessel five net tons and over designed to be used in the Hawaii commercial fisheries for catching fish, processing, or transporting fish loaded on the high seas that derives at least fifty-one per cent of that vessel's gross annual income from commercial (as opposed to recreational) operations, or any vessel outfitted for such activity. See Hawaii Revised Statutes 189-21
• Laws: includes ordinances, rules, regulations, and orders prescribed under federal, state, or county laws or ordinances and having the force and effect of law. See Hawaii Revised Statutes 127A-2
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Legislative service agency: means the office of the auditor, the office of the legislative reference bureau, and the office of the ombudsman. See Hawaii Revised Statutes 21E-1
• Legislative service agency director: means the director or administrative head of a legislative service agency. See Hawaii Revised Statutes 21E-1
• Lessee: means the holder of a valid lease granted pursuant to this chapter. See Hawaii Revised Statutes 190D-3
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. See Hawaii Revised Statutes 302A-101
• Licensed: means the authority to engage in the autonomous practice of psychology. See Hawaii Revised Statutes 465-1
• Limited liability partnership: means a partnership that has filed a statement of qualification under section 425-152 and does not have a similar statement in effect in any other jurisdiction. See Hawaii Revised Statutes 425-101
• Local state of emergency: means the occurrence in any part of a county that requires efforts by the county government to save lives, and to protect property, environment, public health, welfare, or safety in the event of an emergency or disaster, or to reduce the threat of an emergency or disaster. See Hawaii Revised Statutes 127A-2
• Management area: means the West Hawaii regional fishery management area established in section 188F-2. See Hawaii Revised Statutes 188F-1
• Mariculture: means the aquaculture, cultivation, and production for research, development, demonstration, and commercial purposes of aquatic plants and animals within state marine waters, but excludes floating structures that are not anchored. See Hawaii Revised Statutes 190D-3
• Marine activities: means ocean thermal energy conversion (OTEC); mariculture; and other energy or water research, scientific, and educational activities in, on, or under state marine waters, which are exclusive, non-transient in nature, and which occupy a discrete area of state marine waters. See Hawaii Revised Statutes 190D-3
• Marine life: means any type or species of saltwater fish, shellfish, mollusks, crustaceans, coral, or other marine animals, including any part, product, egg, or offspring thereof; or seaweeds or other marine plants, including any part, product, seed, or root thereof. See Hawaii Revised Statutes 187A-1
• Materials: includes medicines, supplies, products, commodities, articles, equipment, machinery, and component parts. See Hawaii Revised Statutes 127A-2
• Member: means a member of the joint legislative management committee. See Hawaii Revised Statutes 21E-1
• Membership: means membership in a charitable organization that provides services and confers a bona fide right, privilege, professional standing, honor or other direct benefit upon its members, in addition to the right to vote, elect officers or hold offices, upon the payment of fees, dues, assessments, etc. See Hawaii Revised Statutes 467B-1
• modify: includes the erection, building, reconstruction, modernization, improvement, purchase, acquisition, or establishment of a health care facility or health care service; the purchase or acquisition of equipment attendant to the delivery of health care service and the instruction or supervision therefor; the arrangement or commitment for financing the offering or development of a health care facility or health care service; any obligation for a capital expenditure by a health care facility; and studies, surveys, designs, plans, working drawings, specifications, procedures, and other actions necessary for any such undertaking, which will:

  (1) Result in a total capital expenditure in excess of the expenditure minimum,

  (2) Substantially modify, decrease, or increase the scope or type of health service rendered, or

  (3) Increase, decrease, or change the class of usage of the bed complement of a health care facility. See Hawaii Revised Statutes 323D-2

• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mutual assistance agreement: means an agreement to which two or more business entities are parties and under which a public utility, municipally owned utility, electric cooperative, natural gas special district, natural gas transmission pipeline, or joint agency owning, operating, or owning and operating infrastructure used for electric generation, electric or natural gas transmission, or electric or natural gas distribution in this State may request that an out-of-state utility perform work in this State in anticipation of a disaster or an emergency. See Hawaii Revised Statutes 127A-2
• 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}
• National Marine Fisheries Service: means the Financial Assistance Division, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. See Hawaii Revised Statutes 189-21
• National Marine Fisheries Service: means Financial Assistance Division, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce. See Hawaii Revised Statutes 189-42
• Necessary: means and refers to such means, measures, or other actions or determinations as are required to be taken in the opinion of the governor or governor's authorized representative or a mayor or the mayor's authorized representative. See Hawaii Revised Statutes 127A-2
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Noncommercial lease: means a lease of state marine waters for marine activities not designed for profit. See Hawaii Revised Statutes 190D-3
• Nonprofit management entity: means a nonprofit organization duly authorized to transact business in the State, the sole shareholder or member of which is the private entity, whose principal purpose is to manage and operate a medical care facility. See Hawaii Revised Statutes 323F-51
• Office: means the office of the legislative analyst. See Hawaii Revised Statutes 21F-2
• On-line: means accessed by the use of data communications hardware and software. See Hawaii Revised Statutes 21D-1
• Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
• OTEC: means ocean thermal energy conversion. See Hawaii Revised Statutes 190D-3
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person subject to chapter 179D who has a right, title, or interest in or to the dam or reservoir or to the property upon which the dam, reservoir, or appurtenant works are located or proposed to be located. See Hawaii Revised Statutes 39A-341
• Parent organization: means that part of a charitable organization that coordinates, supervises, or exercises control over policy, fundraising, and expenditures, or assists or advises one or more related foundations, supporting organizations, chapters, branches, or affiliates of such organization in this State. See Hawaii Revised Statutes 467B-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under § 425-109, a predecessor law, or comparable law of another jurisdiction. See Hawaii Revised Statutes 425-101
• Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See Hawaii Revised Statutes 425-101
• Partnership at will: means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. See Hawaii Revised Statutes 425-101
• Patient: means an individual admitted to a hospital for inpatient treatment. See Hawaii Revised Statutes 323G-1
• Percentage compensation: means any compensation, commission, bonus, award, or remuneration, whether direct, indirect, or otherwise, that is calculated by means of a formula, process, evaluation, or other mechanism that considers the amount of funds to be raised or received. See Hawaii Revised Statutes 467B-1
• Person: means an individual or a natural person, a trust or estate, a society, a firm, an assembly, a partnership, a corporation, a professional corporation, an association, the State, any political subdivision of the State, a county, a state agency or any instrumentality of the State, a county agency or any instrumentality of a county. See Hawaii Revised Statutes 323D-2
• Person: means a natural person or an organization, including a corporation, partnership, proprietorship, association, cooperative, estate, trust, or government unit. See Hawaii Revised Statutes 466L-2
• Person: includes an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons or legal entity, or any combination thereof. See Hawaii Revised Statutes 323J-1
• Person: means an individual, corporation, limited liability company, association, partnership, trust, foundation, and any other entity, however styled. See Hawaii Revised Statutes 467B-1
• Person: includes any individual or entity. See Hawaii Revised Statutes 425-101
• Person: means an individual, firm, partnership, corporation, association, cooperative, or other legal entity, governmental body, or agency, board, bureau, or other instrumentality thereof, or any combination of two or more of the foregoing. See Hawaii Revised Statutes 48E-1
• persons: means an individual, firm, enterprise, partnership, corporation, association, cooperative or other legal entity, governmental body or agency, board, bureau or other instrumentality thereof, or any combination of the foregoing. See Hawaii Revised Statutes 39A-341
• Physician: means a doctor of medicine or osteopathy who is legally authorized to practice medicine and surgery by the State. See Hawaii Revised Statutes 323D-2
• Place of deposit: means a site within the county of the voter's registration address designated pursuant to section 11-109 for the purpose of receiving return identification envelopes in an election conducted by mail pursuant to part VIIA. See Hawaii Revised Statutes 11-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the West Hawaii regional fishery management area plan established in § 188F-4. See Hawaii Revised Statutes 188F-1
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Political subdivision: means and includes all counties and municipalities of the State insofar as they are supported by or handle state or public funds. See Hawaii Revised Statutes 23-1
• Political subdivision: means a county or other political subdivision created by the legislature pursuant to article VIII, section 1, of the constitution of the State. See Hawaii Revised Statutes 48-1
• Pollution control project: means any processing enterprise consisting of property, or improvements or alterations to property, designed, acquired, constructed, installed, or modified, and certified as necessary or desirable by the state department of health, to abate, control, reduce, treat, eliminate, or dispose of solid waste, and specifically includes facilities which incidentally provide for the recovery of energy or material resources, or both. See Hawaii Revised Statutes 48E-1
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practice of psychology: means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. See Hawaii Revised Statutes 465-1
• Pre-transfer facility: means a facility of the Maui regional system prior to its transformation into a transferred facility. See Hawaii Revised Statutes 323F-51
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Primary care clinic: means a clinic for outpatient services providing all preventive and routine health care services, management of chronic diseases, consultation with specialists when necessary, and coordination of care across health care settings or multiple providers or both. See Hawaii Revised Statutes 323D-2
• Principal: means a person who has entered into a development agreement pursuant to the procedures specified in this chapter, including a successor in interest. See Hawaii Revised Statutes 46-122
• Private entity: means a business organization duly authorized to transact business in the State that:

  (1) Has a certificate of need to operate one or more licensed hospitals in the State obtained from the state health planning and development agency pursuant to part V of chapter 323D; or

  (2) Is the sole member of a nonprofit management entity or hospital that has a certificate of need to operate one or more licensed hospitals in the State obtained from the state health planning and development agency pursuant to part V of chapter 323D. See Hawaii Revised Statutes 323F-51

• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• professional fundraising counsel: means any person who, for compensation, plans, conducts, manages, advises, consults, or prepares material for, or with respect to, the solicitation of contributions in this State for a charitable organization, but who actually solicits no contributions as a part of the person's services, and who does not employ, procure, or engage any compensated person to solicit contributions. See Hawaii Revised Statutes 467B-1
• Professional solicitor: means any person who, for a financial or other consideration, solicits contributions in this State for a charitable organization, or any person with whom the professional solicitor independently contracts to solicit for contributions. See Hawaii Revised Statutes 467B-1
• Project: means any combination of land, buildings, and other improvements thereon, including without limitation irrigation systems and infrastructure, for use of, or for, or to assist an agricultural enterprise, including without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus that are deemed necessary, suitable, or useful to the enterprise. See Hawaii Revised Statutes 39A-311
• Project: means any work on a dam, reservoir, or appurtenant works necessary to maintain or improve the dam, reservoir, or appurtenant works. See Hawaii Revised Statutes 39A-341
• Project agreement: means any lease, sublease, loan agreement, conditional sale agreement, or other similar financing contract or agreement, or combination thereof entered into under this chapter by the county, including the financing of a pollution control project from the proceeds of the special purpose revenue bonds. See Hawaii Revised Statutes 48E-1
• Project agreement: means any agreement entered into under this part by the department with a project party to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist an agricultural enterprise, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-311
• Project agreement: means any agreement entered into under this part by the department with a project party to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist dam and reservoir owners, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-341
• Project costs: means expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the agency that are listed in a tax increment financing plan as costs of public works or public improvements in a tax increment district, plus other costs incidental to the expenditures or obligations. See Hawaii Revised Statutes 46-102
• Project party: means the person with whom the county enters into a project agreement. See Hawaii Revised Statutes 48E-1
• Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct an agricultural enterprise. See Hawaii Revised Statutes 39A-311
• Project party: means a person or persons who are dam and reservoir owners. See Hawaii Revised Statutes 39A-341
• Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See Hawaii Revised Statutes 425-101
• Provider: means any supplier of medical or health care goods and services of the type provided at a Hawaii health systems facility. See Hawaii Revised Statutes 323F-1
• Psychologist: means a person who offers to the public or renders to individuals or to groups of individuals services defined as the practice of psychology. See Hawaii Revised Statutes 465-1
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified aquaculturist: means a person, or association of persons, actively engaged in aquaculture farming, aquaculture produce processing, or aquaculture product development activities. See Hawaii Revised Statutes 187A-1
• Radiographer: means any person who applies x-rays to human beings for diagnostic purposes. See Hawaii Revised Statutes 466J-1
• Radiologic technology: means the application of x-rays to human beings for diagnostic purposes, ionizing radiation to human beings for therapeutic purposes, or radiopharmaceuticals for diagnostic or therapeutic purposes. See Hawaii Revised Statutes 466J-1
• Real estate: means and includes lands, the improvements thereon, leaseholds, and all other interests in real property. See Hawaii Revised Statutes 467-1
• Real estate broker: means any person who, for compensation or a valuable consideration, sells or offers to sell, buys or offers to buy, or negotiates the purchase or sale or exchange of real estate, or lists, or solicits for prospective purchasers, or who leases or offers to lease, or rents or offers to rent, or manages or offers to manage, any real estate, or the improvements thereon, for others, as a whole or partial vocation; or who secures, receives, takes, or accepts, and sells or offers to sell, any option on real estate without the exercise by the person of the option and for the purpose or as a means of evading the licensing requirement of this chapter. See Hawaii Revised Statutes 467-1
• Real estate salesperson: means any individual who, for a compensation or valuable consideration, is employed either directly or indirectly by a real estate broker, or is an independent contractor in association with a real estate broker, to sell or offer to sell, buy or offer to buy, or list, or solicit for prospective purchasers, or who leases or offers to lease, or rents or offers to rent, or manages or offers to manage, any real estate, or the improvements thereon, for others as a whole or partial vocation; or who secures, receives, takes, or accepts, and sells or offers to sell, any option on real estate without the exercise by the individual of the option and for the purpose or as a means of evading the licensing requirements of this chapter. See Hawaii Revised Statutes 467-1
• Real estate-related financial transaction: means any transaction involving the sale, lease, purchase, investment in, or exchange of real property, including interests in property or the financing thereof, including the refinancing of real property or interests in real property and the use of real property or interests in property as security for a loan or investment, including mortgage-backed securities. See Hawaii Revised Statutes 466L-2
• Recess: A temporary interruption of the legislative business.
• 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}
• Redevelopment plan: means a plan as defined in § 53-1. See Hawaii Revised Statutes 46-102
• Regional system board: means a community-based governing board of directors of a regional system of the corporation. See Hawaii Revised Statutes 323F-1
• Reproductive health care services: includes all medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy. See Hawaii Revised Statutes 323J-1
• Requesting member county: means a member county that requests assistance from another member county under this chapter. See Hawaii Revised Statutes 127D-2
• Reservoir: means any basin that contains or will contain water impounded by a dam, including appurtenant works. See Hawaii Revised Statutes 39A-341
• Residence: means a dwelling that the patient considers to be the patient's home and shall not include any residential facility, treatment facility, or home licensed or certified by the department of health under chapter 321, or a private residence used for commercial purposes to care for dependent individuals. See Hawaii Revised Statutes 323G-1
• Resources: includes supplies, materials, equipment, facilities, energy, services, information, systems, and other assets that may be necessary, pursuant to a request for assistance under this chapter, for:
  (1) Response, mitigation, or recovery activities related to an emergency; or
  (2) Participation in drills or exercises in preparation for an emergency. See Hawaii Revised Statutes 127D-2
• Responding member county: means a member county providing or intending to provide assistance to a requesting member county under this chapter. See Hawaii Revised Statutes 127D-2
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Review panel: means the panel established pursuant to § 323D-42. See Hawaii Revised Statutes 323D-2
• Runoff election: means any single election required by county charters preceded by an election that failed to elect a candidate. See Hawaii Revised Statutes 11-1
• SBA: means the Federal Small Business Administration. See Hawaii Revised Statutes 189-21
• Secondary mortgage market participant: means a guarantor or insurer of mortgage-backed securities or an underwriter or issuer of mortgage-backed securities. See Hawaii Revised Statutes 466L-2
• Senate: means the state senate. See Hawaii Revised Statutes 21F-2
• Sending district: means one or more designated districts or areas of land in which development rights may be designated for use in one or more receiving districts. See Hawaii Revised Statutes 46-162
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shark: means any member of the class Chondrichthyes, including but not limited to: inshore species of galapagos shark (Carcharhinus galapagensis), reef blacktip shark (Carcharhinus melanopterus), gray reef shark (Carcharhinus amblyrhynchos), big-nosed shark (Carcharhinus altimus), tiger shark (Galeocerdo cuvier), blacktip shark (Carcharhinus limbatus), smooth hammerhead shark (Sphyrna zygaena), reef whitetip shark (Triaenodon obesus), scalloped hammerhead shark (Sphyrna lewini), sandbar shark (Carcharhinus plumbeus), offshore species of white shark (Carcharodon carcharias), shortfin mako shark (Isurus oxyrinchus), silky shark (Carcharhinus falciformis), blue shark (Prionace glauca), whale shark (Rhincodon typus), thresher shark (Alopias vulpinus), oceanic whitetip shark (Carcharhinus longimanus), cookie cutter shark (Isistius brasiliensis), and megamouth shark (Megachasma pelagios). See Hawaii Revised Statutes 187A-1
• Special purpose revenue bonds: means bonds, notes, or other evidences of indebtedness of a county issued pursuant to this chapter. See Hawaii Revised Statutes 48E-1
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 425-101
• State agency: means the state health planning and development agency established in § 323D-11. See Hawaii Revised Statutes 323D-2
• State health services and facilities plan: means the comprehensive plan for the economical delivery of health services in the State prepared by the statewide council. See Hawaii Revised Statutes 323D-2
• State marine waters: means all waters of the State, including the water column, water surface, and state submerged lands, extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary. See Hawaii Revised Statutes 190D-3
• State of emergency: means an occurrence in any part of the State that requires efforts by state government to save lives and protect property, environment, public health, welfare, or safety in the event of an emergency or disaster, or to reduce the threat of an emergency or disaster, or to supplement the local efforts of the county. See Hawaii Revised Statutes 127A-2
• State utility: means and refers to any public utility within the State under a franchise or charter granted by the State. See Hawaii Revised Statutes 127A-2
• Statement: means a registration or annual statement filed under § 425-1, a statement of correction filed under section 425-1. See Hawaii Revised Statutes 425-101
• States: include the several states, the District of Columbia, and the possessions of the United States, and also includes the State of Hawaii, and to the extent authorized by or under federal law, foreign countries and their provinces and states. See Hawaii Revised Statutes 127A-2
• Statewide council: means the statewide health coordinating council established in § 323D-13. See Hawaii Revised Statutes 323D-2
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subarea: means one of the geographic subareas designated by the state agency pursuant to section 323D-21. See Hawaii Revised Statutes 323D-2
• Tax increment: means the amount of real property taxes levied for one year on the assessment increment. See Hawaii Revised Statutes 46-102
• Tax increment financing plan: means the plan for tax increment financing for a tax increment district submitted to the county council. See Hawaii Revised Statutes 46-102
• Tax increment fund: means a fund which shall be held by the director of finance or other fiduciary designated by the county council and into which all tax increments and other moneys pledged by the county for payment of tax increment bonds are paid, and all proceeds from the sale of tax increment bonds are deposited, and from which moneys are disbursed to pay project costs for the tax increment district or to satisfy claims of holders of tax increment bonds issued for the district. See Hawaii Revised Statutes 46-102
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• to fish: means catching, taking, or harvesting, or attempting to catch, take, or harvest, aquatic life. See Hawaii Revised Statutes 187A-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.
• Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See Hawaii Revised Statutes 425-101
• Transfer completion date: means the date specified as the transfer completion date in an agreement entered into pursuant to section 323F-52, including any extensions allowed under the terms of such agreement. See Hawaii Revised Statutes 323F-51
• Transfer date: means a date agreed to by the department and the corporation for the transfer of health systems assets to and the assumption of health systems liabilities, which includes without limitation, all debts or other obligations, contingent or certain, owing on such date, by the corporation. See Hawaii Revised Statutes 323F-1
• Transfer of development rights: means the process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. See Hawaii Revised Statutes 46-162
• Transferred facility: means a medical facility of the Maui regional system for which the right and responsibility to manage, operate, and otherwise provide health care services at the facility is transferred to a private entity or its nonprofit management entity pursuant to this part. See Hawaii Revised Statutes 323F-51
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• 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}
• Uniform Standards of Professional Appraisal Practice: means the most recent iteration of the Uniform Standards of Professional Appraisal Practice developed by the appraisal standards board of The Appraisal Foundation and approved by the director. See Hawaii Revised Statutes 466K-5
• Uniform Standards of Professional Appraisal Practice: means the most recent iteration of the Uniform Standards of Professional Appraisal Practice developed by the appraisal standards board of The Appraisal Foundation and approved by the director. See Hawaii Revised Statutes 466L-2
• 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.
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Water column: means the vertical extent of marine waters, including the surface, above submerged lands. See Hawaii Revised Statutes 190D-3
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.