Terms Used In Hawaii Revised Statutes > Chapter 92F - Uniform Information Practices Act (Modified)

• Accredited: means holding an institutional accreditation by name to offer post-secondary education as a United States-based institution from a regional or national accrediting agency recognized by the United States Department of Education. See Hawaii Revised Statutes 305J-2
• Acreage assessments: means any levy imposed pursuant to this chapter on the land within a project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining land or water facilities. See Hawaii Revised Statutes 174-2
• 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.
• 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.
• 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: when used in reference to an office of a foreign bank, shall have the same meaning as is set forth in section 1(b)(1) of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
• Alternative enrollment: means the opportunity for a student enrolled in a private college or university that ceases operation to meet the student's educational objectives through education provided by another authorized private college or university, the University of Hawaii system, an area vocational school, or any other educational arrangement acceptable to the director. See Hawaii Revised Statutes 305J-2
• Amortization: Paying off a loan by regular installments.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Articles of incorporation: include amended and restated articles of incorporation and articles of merger. See Hawaii Revised Statutes 414-3
• ASHA: means the American Speech-Language-Hearing Association, the national administrative office of which is located in Rockville, Maryland, 10801 Rockville Pike (20852). See Hawaii Revised Statutes 468E-2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• At-risk children: means children who, because of their home and community environment, are subject to language, cultural, economic, and other disadvantages that cause them to be at risk for school failure, including children:

  (1) Who are placed through their individualized education programs in a general education setting;

  (2) Who are English as a second language learners;

  (3) Who are in foster care;

  (4) Who are homeless; or

  (5) Whose family income is no more than three hundred per cent of the federal poverty level. See Hawaii Revised Statutes 302L-1

• attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Audiologist: means an individual who practices audiology. See Hawaii Revised Statutes 468E-2
• Authorization: means the authorization granted to a private college or university, seminary, or religious training institution as provided in this chapter and any applicable rules and policies. See Hawaii Revised Statutes 305J-2
• Authorized shares: means the shares of all classes a domestic corporation is authorized to issue. See Hawaii Revised Statutes 414-3
• Bank: means any bank as defined in: section 2(c) of the Bank Holding Company Act (12 U. See Hawaii Revised Statutes 412:13-102
• Bank supervisory agency: means :

  (1) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to these agencies;

  (2) Any agency of another state with primary responsibility for chartering and supervising banks; and

  (3) Any agency of a country (including any colonies, dependencies, possessions, or political subdivisions thereof) other than the United States with primary responsibility for chartering and supervising banks. See Hawaii Revised Statutes 412:13-102

• 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.
• Beneficial shareholder: means the person who is a beneficial owner of shares held in a voting trust or by a nominee as the record shareholder. See Hawaii Revised Statutes 414-341
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the board of education. See Hawaii Revised Statutes 302D-1
• Board: means the early learning board established pursuant to this chapter. See Hawaii Revised Statutes 302L-1
• Board: means the neurotrauma advisory board established under § 321H-3. See Hawaii Revised Statutes 321H-1
• Board: means the state board of speech pathology and audiology, established under § 468E-6. See Hawaii Revised Statutes 468E-2
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 173A-2
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 174-2
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 181-1
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 183C-2
• Board: means the board of education. See Hawaii Revised Statutes 302A-101
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-71
• Branch: when used in reference to an office of a foreign bank, has the same meaning as is set forth in section 1(b)(3) of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
• Business: includes every trade, occupation, and profession. See Hawaii Revised Statutes 425-101
• candidate: means a degree-granting institution that has submitted an application for accreditation to a regional or national accrediting agency recognized by the United States Department of Education; provided that the application has been accepted pursuant to the accrediting agency's application requirements and is pending approval by the accrediting agency. See Hawaii Revised Statutes 305J-2
• Center-based: describes programs in which early learning services are provided in a facility, including private preschools, child care centers, and head start programs, licensed, or excluded or exempt from licensing, by the department of human services. See Hawaii Revised Statutes 302L-1
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 183C-2
• Chairperson: means the chairperson of the commission on water resource management. See Hawaii Revised Statutes 174C-3
• charter: means a fixed-term, bilateral, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See Hawaii Revised Statutes 302D-1
• Circuit court: means the court established in each of the judicial circuits of this State pursuant to chapter 603 and which has jurisdiction under § 412:1-108 over a matter. See Hawaii Revised Statutes 412:1-109
• Commission: means the state public charter school commission established pursuant to [section] 302D-3 as a statewide authorizer. See Hawaii Revised Statutes 302D-1
• Commission: means the legacy land conservation commission. See Hawaii Revised Statutes 173A-2
• Commission: means the commission on water resource management. See Hawaii Revised Statutes 174C-3
• Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• Computer science content: means courses of instruction that provide:

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

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

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

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

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

• Conservation district: means those lands within the various counties of the State bounded by the conservation district line, as established under provisions of Act 187, Session Laws of Hawaii 1961, and Act 205, Session Laws of Hawaii 1963, or future amendments thereto. See Hawaii Revised Statutes 183C-2
• Conservator: means a person appointed by the commissioner to take possession and control of a Hawaii financial institution for a temporary period in order to preserve and protect the assets of the institution for the benefit of its depositors, beneficiaries, creditors, and shareholders or members. See Hawaii Revised Statutes 412:1-109
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuing education courses: means courses approved by the National Association of Social Workers, the National Association of Social Workers Chapters, or the Association of Social Work Boards. See Hawaii Revised Statutes 467E-1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: means the issuer of the shares held by a dissenter before the corporate action, or the surviving or acquiring corporation by merger or share exchange of that issuer. See Hawaii Revised Statutes 414-341
• Covered entity: means a person or organization receiving state financial assistance, including grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to the person or organization for the purpose of rendering services to the public. See Hawaii Revised Statutes 321C-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Degree: means a statement, diploma, certificate, or other writing in any language that indicates or represents, or is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed a prescribed course of study in a particular field of endeavor or that the person named thereon has demonstrated proficiency in a field of endeavor as a result of formal preparation or training. See Hawaii Revised Statutes 305J-2
• Deliver: includes mail. See Hawaii Revised Statutes 414-3
• Department: means the department of education. See Hawaii Revised Statutes 302D-1
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 305J-2
• Department: means the department of budget and finance. See Hawaii Revised Statutes 319-1
• Department: means department of health. See Hawaii Revised Statutes 321H-1
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 467E-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 173A-2
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 183C-2
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-71
• Department: means the department of health. See Hawaii Revised Statutes 325-111
• Department: means the department of education. See Hawaii Revised Statutes 302A-101
• Department director: means the director of commerce and consumer affairs, unless the context otherwise requires. See Hawaii Revised Statutes 414-3
• Dependent: A person dependent for support upon another.
• Depository institution: means any institution that is included for any purpose within the definitions of "insured depository institution" as set forth in section 3(c)(2) and (3) of the Federal Deposit Insurance Act (12 U. See Hawaii Revised Statutes 412:13-102
• Devise: To gift property by will.
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 305J-2
• Director: means the director of finance. See Hawaii Revised Statutes 319-1
• Director: means the director of health. See Hawaii Revised Statutes 321H-1
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 467E-1
• Director: means a member of the governing body of a district. See Hawaii Revised Statutes 180-1
• Director: means the director of health. See Hawaii Revised Statutes 325-111
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 425-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dissenter: means a shareholder who is entitled to dissent from corporate action under § 414-342 and who exercises that right when and in the manner required by sections 414-351 to 414-359. See Hawaii Revised Statutes 414-341
• Distribution: means a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Hawaii Revised Statutes 414-3
• Docket: A log containing brief entries of court proceedings.
• domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to this chapter. See Hawaii Revised Statutes 414-3
• Donor: The person who makes a gift.
• Due notice: means notice given during a ten-day period by publication or if no means of publication is available by posting at a reasonable number of conspicuous places within the affected area. See Hawaii Revised Statutes 180-1
• Early learning: means developmentally appropriate early childhood development and education for children from prenatal care until the time they enter kindergarten. See Hawaii Revised Statutes 302L-1
• Early learning system: means a developmentally appropriate early childhood development and education system for children from prenatal care until the time they enter kindergarten. See Hawaii Revised Statutes 302L-1
• Electronic transmission: means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process. See Hawaii Revised Statutes 414-3
• Employee: includes an officer but not a director. See Hawaii Revised Statutes 414-3
• Enrollment agreement: means the contract prepared by a private college or university, seminary, or religious training institution that a student signs to indicate agreement to the terms of admission, delivery of instruction, and monetary terms as outlined in the private college, university, seminary, or religious training institution's student handbook or catalog. See Hawaii Revised Statutes 305J-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.
• Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having a joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 414-3
• Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 425-101
• 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.
• Ethic courses: include ethic theory, ethical reasoning, ethical principles, ethical dilemmas, and professional ethics. See Hawaii Revised Statutes 467E-1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive director: means the executive director of the office of language access. See Hawaii Revised Statutes 321C-2
• Executor: A male person named in a will to carry out the decedent
• Exempt government employee: means an employee in a social worker position with any federal, state, or county government agency. See Hawaii Revised Statutes 467E-1
• Family engagement: means practices that engage families in recognition of the need for families to actively support their child's learning and development, including classrooms that make families feel welcome, communication with families on an ongoing basis, the promotion of responsible parenting, and involvement in decisions that affect families and their children. See Hawaii Revised Statutes 302L-1
• Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
• Federal Deposit Insurance Act: means the Federal Deposit Insurance Act, as amended (12 U. See Hawaii Revised Statutes 412:13-102
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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 bank: means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking. See Hawaii Revised Statutes 412:13-102
• Foreign corporation: means a corporation for profit incorporated under a law other than the law of this State. See Hawaii Revised Statutes 414-3
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing board: means the elected or appointed group of persons that oversees and controls a private college or university, seminary, or religious training institution. See Hawaii Revised Statutes 305J-2
• Government: includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them. See Hawaii Revised Statutes 174-2
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hawaii representative office: means a representative office that is located in this State. See Hawaii Revised Statutes 412:13-102
• Hawaii state agency: when used in reference to an office of a foreign bank, means an agency of a foreign bank that is located in this State and licensed pursuant to this chapter, part II, of this article. See Hawaii Revised Statutes 412:13-102
• Hawaii state bank: means a bank organized under the laws of Hawaii. See Hawaii Revised Statutes 412:13-102
• Hawaii state branch: when used in reference to an office of a foreign bank, means a branch of a foreign bank that is located in this State and licensed pursuant to this chapter, part II, of this article. See Hawaii Revised Statutes 412:13-102
• Hawaiian fishponds: means the unique, traditional system and methodology of aquaculture practiced by the aboriginal people of Hawaii, and found nowhere else in the world. See Hawaii Revised Statutes 183B-1
• Home state: means the state in which the institution holds its principal accreditation. See Hawaii Revised Statutes 305J-2
• Home-based instruction program: means a family-involvement, school-readiness program that helps families prepare their child for success in school and beyond, and that is based in the child's home; provided that home schooling is not a home-based instruction program. See Hawaii Revised Statutes 302L-1
• Honorary degree: means a statement, diploma, certificate, or other writing in any language that indicates or represents, or that is intended to indicate or represent, that the person named thereon is learned in a field of public service or has performed outstanding public service or that the person named thereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training. See Hawaii Revised Statutes 305J-2
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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 414-3
• 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.
• Insolvency: means , with respect to a financial institution, that the value of its assets is insufficient to pay its depositors and its creditors. See Hawaii Revised Statutes 412:1-109
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interest: means interest from the effective date of the corporate action until the date of payment, at the average rate currently paid by the corporation on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances. See Hawaii Revised Statutes 414-341
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Kuleana: means those lands granted to native tenants pursuant to L. See Hawaii Revised Statutes 183C-2
• Land: means the earth, water, and air, above, below, or on the surface, and includes easements and rights in land, and any improvement on land. See Hawaii Revised Statutes 173A-2
• Land: means all real property, fast or submerged, and all interests therein, including fauna, flora, minerals, and all such natural resources, unless otherwise expressly provided. See Hawaii Revised Statutes 183C-2
• Land occupier: means the owner or in the case of leased land, the lessee of lands lying within a project organized or to be organized under this chapter. See Hawaii Revised Statutes 174-2
• Land use: means :

  (1) The placement or erection of any solid material on land;

  (2) The grading, removing, harvesting, dredging, mining, or extraction of any material or natural resource on land;

  (3) The subdivision of land; or

  (4) The construction, reconstruction, demolition, or alteration of any structure, building, or facility on land. See Hawaii Revised Statutes 183C-2

• Landowner: means an owner of land or any estate or interest in that land. See Hawaii Revised Statutes 183C-2
• Language: means human speech or the expression of ideas by written characters and includes systems used by nations, people, or other distinct communities. See Hawaii Revised Statutes 321C-2
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Medical emergency: means any disease-related situation that threatens life or limb. See Hawaii Revised Statutes 325-101
• Medical personnel: means any health care provider in the State, as provided in § 323D-2, who deals directly or indirectly with the identified patient or the patient's contacts, and includes hospital emergency room personnel, the staff of the communicable disease division of the department of health, and any other department personnel as designated by the director. See Hawaii Revised Statutes 325-101
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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
• 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.
• Nurse practitioner: means a person licensed as an advanced practice registered nurse under chapter 457. See Hawaii Revised Statutes 309H-1
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the executive office on early learning established pursuant to this chapter. See Hawaii Revised Statutes 302L-1
• Operator: means an individual, firm, or corporation engaged in strip mining operations. See Hawaii Revised Statutes 181-1
• Oral language services: means the free provision of oral information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. See Hawaii Revised Statutes 321C-2
• Out-of-state bank: means a bank, the home state of which is a state other than Hawaii. See Hawaii Revised Statutes 412:13-102
• Out-of-state foreign bank: means a foreign bank, the home state of which is a state other than Hawaii. See Hawaii Revised Statutes 412:13-102
• Out-of-state public institution: means an institution of higher education that is established by a government entity in a state other than Hawaii. See Hawaii Revised Statutes 305J-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means :

  (1) An individual, if a private for-profit college or university is structured as a sole proprietorship;

  (2) Partners, if a private for-profit college or university is structured as a partnership;

  (3) Members in a limited liability company, if a private for-profit college or university is structured as a limited liability company; and

  (4) Shareholders in a corporation that hold a controlling interest, if a private for-profit college or university is structured as a corporation. See Hawaii Revised Statutes 305J-2

• Participant: means an injection drug user who exchanges a sterile needle and syringe unit pursuant to the program. See Hawaii Revised Statutes 325-111
• participate: means to be informed of, participate in, and benefit from the services, programs, and activities offered by the State and covered entities. See Hawaii Revised Statutes 321C-2
• 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
• Person: means any individual, organization, or corporate body, except that only an individual may be licensed under this chapter. See Hawaii Revised Statutes 468E-2
• Person: means a natural person, entity or organization, including without limitation an individual, corporation, joint venture, partnership, sole proprietorship, association, cooperative, estate, trust, or governmental unit. See Hawaii Revised Statutes 412:1-109
• Person: includes individual and entity. See Hawaii Revised Statutes 414-3
• Person: includes any individual or entity. See Hawaii Revised Statutes 425-101
• Personal property: All property that is not real property.
• Physical presence: means :

  (1) Having a physical location in the State, where students receive synchronous or asynchronous instruction; or

  (2) Establishing an administrative office in the State in order to:

  (A) Provide information to prospective students, enrolling students, or the general public about the institution;

  (B) Provide services to enrolled students;

  (C) Provide office space for instructional or non-instructional staff; and

  (D) Maintain an institutional mailing address, street address, or telephone number in the State. See Hawaii Revised Statutes 305J-2

• Physician: means a person licensed to practice medicine and surgery, as required by section 453-2. See Hawaii Revised Statutes 309H-1
• Physician assistant: means a person licensed to practice medicine under the supervision of a physician or osteopathic physician, as required by section 453-5. See Hawaii Revised Statutes 309H-1
• Pit: means a tract of land of which the surface soil has been removed or is being removed or is proposed to be removed for mining. See Hawaii Revised Statutes 181-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the Hawaii dental education plan. See Hawaii Revised Statutes 319-1
• 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.
• Post-secondary school: means any adult education school, business school, trade school, community college, college, or university enrolling or registering students above the age of compulsory attendance. See Hawaii Revised Statutes 325-121
• 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 social work: means applying the formal knowledge base, theoretical concepts, specific functional skills, and essential social values that are used to effect change in human behavior, emotional responses, and social conditions, and helping individuals, couples, families, groups, and community organizations enhance or restore their capacities for personal and social functioning while preventing and controlling social problems. See Hawaii Revised Statutes 467E-1
• practice of speech pathology: means the application of principles, methods, and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and instruction related to the development and disorders of speech and related language and hearing for the purpose of modifying speech and related language and hearing disorders. See Hawaii Revised Statutes 468E-2
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal office: means the office (in or out of this State) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Hawaii Revised Statutes 414-3
• Private college or university: means a nonpublic post-secondary education institution having a physical presence in the State that offers associate, baccalaureate, post-baccalaureate, master's, or doctoral degrees or diplomas. See Hawaii Revised Statutes 305J-2
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Hawaii Revised Statutes 414-3
• Program: means the sterile needle and syringe exchange program. See Hawaii Revised Statutes 325-111
• Project: means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands or to land occupiers. See Hawaii Revised Statutes 174-2
• Project: means any combination of land, buildings, and other improvements thereon, for use as a manufacturing enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-71
• Project agreement: means any agreement entered into under this part by the department with a project party to financially assist a manufacturing enterprise from the proceeds of special purpose revenue bonds, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-71
• Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct a manufacturing enterprise in this State. See Hawaii Revised Statutes 39A-71
• Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See Hawaii Revised Statutes 425-101
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Provisional authorization: means authorization of a candidate for accreditation for no more than a five-year period, unless an extension is granted by the director for good cause, while the candidate for accreditation seeks to satisfy the requirement for institutional accreditation; provided that no provisional authorization shall be given for more than a ten-year period. See Hawaii Revised Statutes 305J-2
• public charter school: refers to those public schools and their respective governing boards, as defined in this section, that are holding current charter contracts to operate as charter schools under this chapter, including start-up and conversion charter schools, and that have the flexibility and independent authority to implement alternative frameworks with regard to curriculum, facilities management, instructional approach, virtual education, length of the school day, week, or year, and personnel management. See Hawaii Revised Statutes 302D-1
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public 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
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receiver: means a person appointed by the commissioner to take possession and control of a Hawaii financial institution for the purpose of liquidating and winding up the affairs of the institution. See Hawaii Revised Statutes 412:1-109
• Record date: means the date established under part [VII or VIII] of this chapter on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. See Hawaii Revised Statutes 414-3
• Record shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Hawaii Revised Statutes 414-341
• Registry: means the Hawaii immunization registry. See Hawaii Revised Statutes 325-121
• religious training institution: means a bona fide religious post-secondary educational institution that has a physical presence in the State, that is exempt from property taxation under the laws of the State, and that offers associate, baccalaureate, post-baccalaureate, master's, or doctoral degrees or diplomas. See Hawaii Revised Statutes 305J-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• School: means any child care center, preschool, day care center, day nursery, head start program, group child care home, kindergarten, elementary, intermediate, middle, or secondary school that is responsible for ensuring student compliance with mandatory school immunization entrance requirements. See Hawaii Revised Statutes 325-121
• School meals: means breakfast and lunch prepared and served by a school cafeteria. See Hawaii Revised Statutes 302A-101
• Secretary: means the corporate officer to whom the board of directors has delegated responsibility under section 414-231(c) for preparation and custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation. See Hawaii Revised Statutes 414-3
• 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.
• Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Hawaii Revised Statutes 414-3
• Shareholder: means the record shareholder or the beneficial shareholder. See Hawaii Revised Statutes 414-341
• Shares: means the units into which the proprietary interests in a corporation are divided. See Hawaii Revised Statutes 414-3
• soil and water conservation district: means a governmental subdivision of this State, and a public body corporate and politic, organized in accordance with this chapter. See Hawaii Revised Statutes 180-1
• Speech pathologist: means an individual who practices speech pathology. See Hawaii Revised Statutes 468E-2
• 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 executive, legislative, or judicial branches of state government, including departments, offices, commissions, boards, or other agencies within the executive, legislative, or judicial branches. See Hawaii Revised Statutes 321C-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
• Statute: A law passed by a legislature.
• Strip mining: means mining of mineral by uncovering therefrom the surface soil above mineral deposits and mining directly from the mineral exposed for the purpose of carrying on a business of mining or selling mineral removed by the process. See Hawaii Revised Statutes 181-1
• Student: means any child or adult enrolled in any school or post-secondary school in the State. See Hawaii Revised Statutes 325-121
• Subpoena: A command to a witness to appear and give testimony.
• Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Hawaii Revised Statutes 414-3
• Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
• 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
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See Hawaii Revised Statutes 425-101
• 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.
• Unaccredited post-secondary educational institution: means a degree-granting institution that is not accredited or a candidate for accreditation by at least one accrediting agency recognized by the United States Department of Education. See Hawaii Revised Statutes 305J-2
• Underserved children: means children who have no access to, or are not qualified to attend, other early learning programs and whose family income is no more than three hundred per cent of the federal poverty level. See Hawaii Revised Statutes 302L-1
• United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Hawaii Revised Statutes 414-3
• United States: when used in a geographical sense, means the several states, the District of Columbia, Puerto Rico, Guam, American Samoa, the American Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory of the United States; and, when used in a political sense, means the federal government of the United States. See Hawaii Revised Statutes 412:13-102
• University of Hawaii system: means the post-secondary educational institution, including all campuses and community colleges, established and existing pursuant to article X, section 5, of the Hawaii State Constitution and chapter 304A. See Hawaii Revised Statutes 305J-2
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venue: The geographical location in which a case is tried.
• Vital documents: means printed documents that provide important information necessary to access or participate in services, programs, and activities of a state agency or covered entity, including but not limited to applications, outreach materials, and written notices of rights, denials, losses, or decreases in benefits or services. See Hawaii Revised Statutes 321C-2
• Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Hawaii Revised Statutes 414-3
• Water facility: includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for economic development, under this chapter. See Hawaii Revised Statutes 174-2
• Water management area: means a geographic area which has been designated pursuant to § 174C-41 as requiring management of the ground or surface water resource, or both. See Hawaii Revised Statutes 174C-3
• Water tolls: means any charges established by the board for water supplied by it to the State, the Hawaiian homes commission, and land occupiers. See Hawaii Revised Statutes 174-2
• WICHE: means the Western Interstate Commission for Higher Education as described in chapter 304A, part VII, subpart D. See Hawaii Revised Statutes 319-1
• Written language services: means the free provision of written information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. See Hawaii Revised Statutes 321C-2