Hawaii Revised Statutes > Chapter 142 – Animals, Brands, and Fences


Part I	Animal Diseases and Quarantine	142-1 – 142-31
Part II	Brands	142-41 – 142-49
Part III	Fences and Trespasses by Animals	142-61 – 142-75
Part IV	Miscellaneous Provisions	142-91 – 142-100
Part V	Pigeons	142-101 – 142-103
Part VI	Aviary Game Birds	142-111 – 142-112

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Terms Used In Hawaii Revised Statutes > Chapter 142 - Animals, Brands, and Fences

Able to resume work: means an industrially injured worker's injury has stabilized after a period of recovery and the worker is capable of performing work in an occupation for which the worker has received previous training or for which the worker has demonstrated aptitude. See Hawaii Revised Statutes 386-1
Account: means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;
(2) "Afternoon" means the period of a day between noon and midnight;
(3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions;
(4) "Clearing-house" means an association of banks or other payors regularly clearing items;
(5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (§ 490:8-102 ) or instructions for uncertificated securities (§ 490:8-102 ), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft;
(7) "Draft" means a draft as defined in § 490:3-104 or an item, other than an instrument, that is an order;
(8) "Drawee" means a person ordered in a draft to make payment;
(9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. See Hawaii Revised Statutes 490:4-104
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.
Advanced grid modernization technology: means equipment, facilities, and associated processes that individually or collectively function to improve the reliability, resiliency, flexibility, and efficiency of the Hawaii electric system. See Hawaii Revised Statutes 269-141
Advanced practice registered nurse: means a person licensed pursuant to chapter 457. See Hawaii Revised Statutes 431M-1
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agency: means any state or county department, commission, board, bureau, office, or other establishment of the state or county government or semi-autonomous part thereof. See Hawaii Revised Statutes 269E-2
Agricultural activities: means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment. See Hawaii Revised Statutes 269-1
Alcohol dependence: means any use of alcohol which produces a pattern of pathological use causing impairment in social or occupational functioning or produces physiological dependency evidenced by physical tolerance or withdrawal. See Hawaii Revised Statutes 431M-1
Alcohol or drug dependence outpatient services: means alcohol or drug dependence nonresidential treatment provided on an ambulatory basis to patients with alcohol or drug dependence problems that includes interventions prescribed and performed by qualified physicians, psychologists, licensed clinical social workers, licensed marriage and family therapists, licensed mental health [counselors], or advanced practice registered nurses. See Hawaii Revised Statutes 431M-1
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
Ancillary agreement: means any bond insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other related bond document or other similar agreement or arrangement entered into in connection with the issuance of bonds that is designed to promote the credit quality and marketability of the bonds or to mitigate the risk of an increase in interest rates. See Hawaii Revised Statutes 269-161
Ancillary services: means those essential grid support services provided by a facility, or other equipment to support and ensure the reliable generation, transmission, and distribution of electricity, including frequency response and regulation, inertial response, reactive power and voltage control, and operating reserves. See Hawaii Revised Statutes 269-141
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appellate board: means the labor and industrial relations appeals board. See Hawaii Revised Statutes 386-1
Appraisal: A determination of property value.
Appropriate federal regulatory agency: means , with respect to a financial institution or financial institution holding company, any one or more regulatory agencies of the federal government referred to in the following sentence which either (1) insures the deposits of the financial institution or financial institution holding company, or (2) has the power and duty to conduct periodic general examinations of the affairs of the financial institution or financial institution holding company by virtue of the legal characterization of the financial institution or financial institution holding company under federal law, and not by virtue of the fact of affiliation of the financial institution or financial institution holding company with any other person or an alleged violation of a specific law. See Hawaii Revised Statutes 412:1-109
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.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Athlete: means a person who prepares for or participates in organized sports or sports-related activities, amateur or recreational sports involving athletic competition, including interscholastic, intercollegiate, intramural, semiprofessional, or professional sports activities. See Hawaii Revised Statutes 436H-2
Athletic trainer: means an individual, whether or not registered under this chapter, who engages in the practice of athletic training or represents oneself to be an athletic trainer. See Hawaii Revised Statutes 436H-2
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attending physician: means a physician who is primarily responsible for the treatment of a work injury. See Hawaii Revised Statutes 386-1
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.
Authority: means the Hawaii green infrastructure authority established under § 196-63. See Hawaii Revised Statutes 269-161
Aviary game bird: includes the various species of pheasant which are of rare nature and are generally propagated and raised for its ornamental and aesthetic purposes, but does not pertain to birds raised for food, fighting, baiting, or for similar commercial purposes. See Hawaii Revised Statutes 142-111
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.
Basic exchange service: means those services consisting of single-line dial tone, touch-tone dialing, access to operator service, access to enhanced 911, telecommunications relay service, telephone directory, and access to directory-assistance service via 411 dialing. See Hawaii Revised Statutes 269-1
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
beneficiary: means a person who is a member, subscriber, enrollee, or dependent of a member, subscriber, or enrollee of or otherwise covered under a prescription drug benefit plan. See Hawaii Revised Statutes 431R-1
Board: means the board of land and natural resources. See Hawaii Revised Statutes 6D-1
board: means the governing body of the risk retention group elected by the shareholders or members to establish policy, elect or appoint officers and committees, and make other governing decisions. See Hawaii Revised Statutes 431K-1
Board: means the board of acupuncture. See Hawaii Revised Statutes 436E-2
Bondholder: means any holder or owner of a bond. See Hawaii Revised Statutes 269-161
Buyer: means a person who buys or contracts to buy goods. See Hawaii Revised Statutes 490:2-103
Candidate: means an individual who seeks nomination for election or seeks election to office. See Hawaii Revised Statutes 11-302
Capital: means :
(1) The aggregate par value or other amount received and allocated to the issued and outstanding capital stock of a financial institution; or
(2) The total amount of a credit union's outstanding and unimpaired membership shares or share accounts. See Hawaii Revised Statutes 412:1-109
Capital costs: means part or all of the cost for capital improvements. See Hawaii Revised Statutes 264-121
capitated basis: includes the cost associated with operating staff model facilities. See Hawaii Revised Statutes 432G-1
Carrier: means a dental insurer, a health maintenance organization, an insurer, a nonprofit hospital and medical service corporation, a mutual benefit society, or other entity responsible for the payment of benefits or provision of services under a group contract. See Hawaii Revised Statutes 432G-1
Carrier of last resort: means a telecommunications carrier designated by the commission to provide universal service in a given local exchange service area determined to be lacking in effective competition. See Hawaii Revised Statutes 269-1
Cave: means any naturally occurring void, cavity, recess, or system of interconnected passages large enough for human entry, occurring beneath the surface of the earth or within a cliff or ledge, including the cave resources therein, whether or not an entrance exists or is natural or artificial, and that is of archaeological, geological, biological, or cultural significance. See Hawaii Revised Statutes 6D-1
Center: means the one call center. See Hawaii Revised Statutes 269E-2
Certified substance abuse counselor: means a person who is certified pursuant to § 321-193. See Hawaii Revised Statutes 431M-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
Clean energy technology: means any technology as defined in section 269-121(b). See Hawaii Revised Statutes 269-161
Commercial entry: means an activity undertaken to exhibit a cave for which compensation is received by any person for goods, services, or both, rendered to customers or participants in that use or activity. See Hawaii Revised Statutes 6D-1
Commission: means the public utilities commission. See Hawaii Revised Statutes 269E-2
Commission: means the public utilities commission. See Hawaii Revised Statutes 269-141
Commission: means the campaign spending commission. See Hawaii Revised Statutes 11-302
Commissioner: means the insurance commissioner of this State. See Hawaii Revised Statutes 431K-1
Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431S-1
Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 432C-1
Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 432G-1
Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
Committee: means the one call center advisory committee. See Hawaii Revised Statutes 269E-2
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.
Company: means any corporation, partnership, trust (business or otherwise), association, joint venture, pool syndicate, unincorporated organization, or any form of business entity not specifically listed herein and, unless specifically excluded, a financial institution; provided that "company" does not mean any trust existing on July 1, 1993, which under its terms must terminate within twenty-five years, or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust. See Hawaii Revised Statutes 412:1-109
Compensation: means all benefits accorded by this chapter to an employee or the employee's dependents on account of a work injury as defined in this section; it includes medical and rehabilitation benefits, income and indemnity benefits in cases of disability or death, and the allowance for funeral and burial expenses. See Hawaii Revised Statutes 386-1
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.
Construction context: means all permitted land-altering activities necessary to construct any and all manner of improvements on the surface of a property including but not limited to foundations, basements, roads, and buildings. See Hawaii Revised Statutes 6D-1
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Hawaii Revised Statutes 490:2-106
Contribution: means :
(1) A gift, subscription, deposit of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to fundraisers, for the purpose of:
(A) Influencing the nomination for election, or the election, of any person to office;
(B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or
(C) Use by any candidate committee or noncandidate committee for the purpose of subparagraph (A) or (B);
(2) The payment, by any person or party other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee without charge or at an unreasonably low charge for a purpose listed in paragraph (1);
(3) A contract, promise, or agreement to make a contribution; or
(4) Any loans or advances that are not documented or disclosed to the commission as provided in section 11-372;
"Contribution" does not include:
(1) Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;
(2) A candidate's expenditure of the candidate's own funds; provided that this expenditure shall be reportable as other receipts and expenditures;
(3) Any loans or advances to the candidate committee; provided that these loans or advances shall be reported as loans; or
(4) An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:
(A) The individual, candidate committee, or noncandidate committee is uncompensated for the internet activities; or
(B) The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services. See Hawaii Revised Statutes 11-302
Contributions: means the amounts of money authorized by this chapter to be withheld from employees' wages for the payment of temporary disability benefits. See Hawaii Revised Statutes 392-3
Control: means , unless the context clearly requires otherwise, directly or indirectly, solely or through another person or transaction, or in concert with another:
(1) Owning or having the power to vote twenty-five per cent or more of any class of voting securities;
(2) Owning or having the power to exercise twenty-five per cent or more of the votes of a mutual association, credit union, or other entity whose voting rights are not determined by voting securities;
(3) Owning or having the power to vote ten per cent or more of any class of voting securities if:
(A) the issuer of that class of securities has issued any class of securities under section 12 of the Securities Exchange Act of 1934, as amended; or
(B) immediately after the acquisition, no other person will own a greater percentage of that class of voting securities;
(4) Having the power to elect by any means a majority of the directors; or
(5) Having the power to exercise a dominant influence over management, if so determined by the commissioner after notice and a hearing. See Hawaii Revised Statutes 412:1-109
Conversion: means the transfer or sale of a significant amount of a nonprofit entity's assets to a for-profit entity or through any other means as determined by the commissioner. See Hawaii Revised Statutes 432C-1
Conviction: A judgement of guilt against a criminal defendant.
Copayment: means an amount an enrollee must pay to receive a specific service which is not fully prepaid. See Hawaii Revised Statutes 432G-1
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Counterclaim: A claim that a defendant makes against a plaintiff.
county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
Covered employment: means employment of an employee as defined in this section or of a person for whom the employer has provided voluntary coverage pursuant to § 386-4. See Hawaii Revised Statutes 386-1
Damage: means :
(1) The substantial weakening of the structural or lateral support of a subsurface installation;
(2) The penetration or destruction of any protective coating, housing, or other protective device of a subsurface installation; or
(3) The partial or complete severance of a subsurface installation. See Hawaii Revised Statutes 269E-2
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Day treatment services: means treatment services provided by a hospital, mental health outpatient facility, or nonhospital facility to patients who, because of their conditions, require more than periodic hourly service. See Hawaii Revised Statutes 431M-1
Decedent: A deceased person.
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.
Demolition: means the wrecking, razing, rendering, movement, or removal of a structure or mass of material by means of tools, equipment, or the placement and discharge of explosives. See Hawaii Revised Statutes 269E-2
Dental care services: include the practices, acts, and operations pertaining to dentistry as defined in section 448-1. See Hawaii Revised Statutes 432G-1
Dental insurer: means any person who undertakes to provide or to arrange for or administer one or more dental insurance plans and who has met the requirements of chapter 423. See Hawaii Revised Statutes 432G-1
Dental service corporation: means a corporation established pursuant to section 423-1. See Hawaii Revised Statutes 432G-1
Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 436E-2
Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 436H-2
Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 386-1
Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 392-3
Department: means the department of agriculture. See Hawaii Revised Statutes 142-101
Department: means the department of agriculture. See Hawaii Revised Statutes 142-111
Department: means the department of transportation. See Hawaii Revised Statutes 264-121
department: means the department of transportation. See Hawaii Revised Statutes 264-141
Department: means the department of business, economic development, and tourism, or any successor by law. See Hawaii Revised Statutes 269-161
Dependent: A person dependent for support upon another.
Depository institution: means a financial institution that is authorized to accept deposits under its chartering or licensing authority and includes a bank, savings bank, savings and loan association, depository financial services loan company, credit union, or intra-Pacific bank. See Hawaii Revised Statutes 412:1-109
Designated local exchange service area: means an area as determined by the commission to be best served by designating a carrier of last resort pursuant to § 269-43. See Hawaii Revised Statutes 269-1
Detoxification services: means the process whereby a person intoxicated by alcohol, drugs, or both, or a person who is dependent upon alcohol, drugs, or both, is assisted through the period of time necessary to eliminate, by metabolic or other means, the intoxicating alcohol or drug dependency factors, as determined by a physician or advanced practice registered nurse, while keeping the physiological risk to the person at a minimum. See Hawaii Revised Statutes 431M-1
Development: means any artificial change to real property that requires a county grading or building permit including but not limited to construction, expansion, enlargement, alteration, or erection of buildings or structures. See Hawaii Revised Statutes 264-121
Devise: To gift property by will.
Dial tone: means the ability to make or receive telephone calls with or without operator intervention. See Hawaii Revised Statutes 269-1
Director: means a natural person designated in the articles of the risk retention group or designated, elected, or appointed by any other manner, name, or title to act as a director. See Hawaii Revised Statutes 431K-1
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 436H-2
Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 386-1
Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 392-3
Director: means any member of the board of directors of a financial institution, whether or not receiving compensation. See Hawaii Revised Statutes 412:1-109
Director: means the director of transportation. See Hawaii Revised Statutes 264-121
Disability: means loss or impairment of a physical or mental function. See Hawaii Revised Statutes 386-1
Disability: means total inability of an employee to perform the duties of the employee's employment caused by sickness, pregnancy, termination of pregnancy, organ donation, or accident other than a work injury as defined in § 386-3. See Hawaii Revised Statutes 392-3
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:
Division: means the division of financial institutions of the department of commerce and consumer affairs of this State. See Hawaii Revised Statutes 412:1-109
Docket: A log containing brief entries of court proceedings.
Document: includes any application, complaint, pleading, brief, answer, motion, memorandum, declaration, exhibit, certificate of service, and other papers filed by or with the commission. See Hawaii Revised Statutes 269-1
Drug dependence: means any pattern of pathological use of drugs causing impairment in social or occupational functioning and producing psychological or physiological dependency or both, evidenced by physical tolerance or withdrawal. See Hawaii Revised Statutes 431M-1
Election: means any election for office or for determining a question or issue provided by law or ordinance. See Hawaii Revised Statutes 11-302
Electric element: means any plant, line, cable, facility, control system, equipment, or other technology used for the generation, transmission, distribution, storage, regulation, or physical control of electricity. See Hawaii Revised Statutes 269-141
Electric utilities: means all electric utilities subject to billing, collecting, and remitting the public benefits fee, or the green infrastructure fee, at the time the financing order becomes final, and any other electric utility designated in the financing order. See Hawaii Revised Statutes 269-161
Eligible customer-generator: means a metered residential or commercial customer, including a government entity, of an electric utility who owns and operates a solar, wind turbine, biomass, or hydroelectric energy generating facility, or a hybrid system consisting of two or more of these facilities, that is:
(1) Located on the customer's premises;
(2) Operated in parallel with the utility's transmission and distribution facilities;
(3) In conformance with the utility's interconnection requirements; and
(4) Intended primarily to offset part or all of the customer's own electrical requirements. See Hawaii Revised Statutes 269-101
Emergency: means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. See Hawaii Revised Statutes 269E-2
employed: means service, including service in interstate commerce, performed for wages under any contract of hire, written or oral, express or implied, with an employer, except as otherwise provided in §§ 392-4 and 392-5. See Hawaii Revised Statutes 392-3
Employee: means any individual in the employment of another person. See Hawaii Revised Statutes 386-1
Employee: means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this chapter. See Hawaii Revised Statutes 378-71
Employee in comparable employment: means a person, other than the injured employee, who is employed in the same grade in the same type of work by the same employer or, if there is no person so employed, a person, who is employed in the same grade in the same type of work by another employer in the same district. See Hawaii Revised Statutes 386-1
Employer: means any person having one or more persons in the person's employment. See Hawaii Revised Statutes 386-1
Employer: means any individual or type of organization, including the State, any of its political subdivisions, any instrumentality of the State or its political subdivisions, any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who has one or more individuals in employment during any day or portion of a day. See Hawaii Revised Statutes 392-3
Employment: means any service performed by an individual for another person under any contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully entered into. See Hawaii Revised Statutes 386-1
Enforcement officer: means any person employed and authorized by the commission to investigate any matter on behalf of the commission. See Hawaii Revised Statutes 269-1
Enforcement officer: means a police officer and any other state or county officer charged with the enforcement of state laws. See Hawaii Revised Statutes 200-61
Enrollee: means an individual who is covered by a dental insurer. See Hawaii Revised Statutes 432G-1
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}
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
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.
Excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives, including but not limited to the following: grading, trenching, digging, ditching, boring, drilling, auguring, tunneling, scraping cable or pipe plowing and driving, demolition, and dredging. See Hawaii Revised Statutes 269E-2
Excavator: means any person, including an operator, who performs any excavation, other than an operator whose employees are performing maintenance work on the operator's subsurface installation. See Hawaii Revised Statutes 269E-2
Expenditure: means :
(1) Any purchase or transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, or payment incurred or made, or the use or consumption of a nonmonetary contribution for the purpose of:
(A) Influencing the nomination for election, or the election, of any person seeking nomination for election or election to office, whether or not the person has filed the person's nomination papers;
(B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or
(C) Use by any party for the purposes set out in subparagraph (A) or (B);
(2) Any payment, by any person other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee for any of the purposes mentioned in paragraph (1)(A); provided that payment under this paragraph shall include provision of services without charge; or
(3) The expenditure by a candidate of the candidate's own funds for the purposes set out in paragraph (1)(A). See Hawaii Revised Statutes 11-302
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.
feasibility study: means an analysis which presents the expected activities and results of a risk retention group including, not less than the following:
(1) The coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer;
(2) Historical and expected loss experience of the proposed members and national experience of similar exposures to the extent that this experience is reasonably available;
(3) Pro forma financial statements and projections;
(4) Appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premiums or participation levels required to commence operations and to prevent a hazardous financial condition;
(5) Identification of management, underwriting procedures, managerial oversight methods, investment policies;
(6) Identification of each state in which the risk retention group has obtained, or sought to obtain, a charter and license, and a description of its status in each state; and
(7) Other matters as may be prescribed by the commissioner for liability insurance companies authorized by the insurance laws of the state in which the risk retention group is chartered. See Hawaii Revised Statutes 431K-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 financial institution: means a national banking association, federal savings bank, federal savings and loan association or federal credit union. See Hawaii Revised Statutes 412:1-109
Federal 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}
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fiduciary: A trustee, executor, or administrator.
Financial institution: means a Hawaii financial institution, and unless the context indicates otherwise, a federal financial institution or foreign financial institution. See Hawaii Revised Statutes 412:1-109
Financial institution holding company: means a holding company which controls a Hawaii financial institution or which controls another financial institution holding company. See Hawaii Revised Statutes 412:1-109
Financing costs: means any of the following:
(1) Principal and interest payable on bonds;
(2) Any payment required under an ancillary agreement;
(3) Any amount required to fund or replenish a reserve account or another account established under any indenture, ancillary agreement, or other financing document relating to the issuance of bonds;
(4) Any redemption or call premium or cost of redeeming or refunding any existing debt of the department in connection with either the issuance of, or the use of proceeds from, bonds;
(5) Any costs incurred by the department to modify or amend any indenture, financing agreement, security agreement, or similar agreement or instrument securing any bond or any ancillary agreement;
(6) Any costs incurred by the department to obtain any consent, release, waiver, or approval from any bondholder or of any party to an ancillary agreement that are necessary to be incurred for the department to issue bonds;
(7) Any costs related to issuing or servicing bonds or related to obtaining a financing order, including servicing fees and expenses, trustee fees and expenses, legal, accounting, or other professional fees and expenses, administrative fees, placement fees, underwriting fees and discounts, capitalized interest and equity, and rating-agency fees; or loan program administration costs as authorized for recovery under a financing order or orders; or
(8) Any other similar costs incident to the issuance, administration, or servicing of the bonds that the department finds appropriate. See Hawaii Revised Statutes 269-161
Financing order: means an order issued at the request of the department by the public utilities commission under this part that has become final as provided by law, and that authorizes the issuance of bonds and the imposition, adjustment from time to time, and collection of green infrastructure fees. See Hawaii Revised Statutes 269-161
Financing party: means :
(1) Any trustee, collateral agent, or other person acting for the benefit of a bondholder; or
(2) Any party to an ancillary agreement, the rights and obligations of which relate to or depend upon the existence of green infrastructure property and green infrastructure fees, the enforcement and priority of a security interest in green infrastructure property, the timely collection and payment of green infrastructure fees, or a combination of these factors. See Hawaii Revised Statutes 269-161
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.
For-profit entity: means a corporation organized under chapter 414, including a stock insurance company. See Hawaii Revised Statutes 432C-1
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.
Gap group individuals: means medically uninsured persons who are residents of the State. See Hawaii Revised Statutes 431N-2
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Good cause: means a substantial reason amounting in law to be a legal excuse for failing to perform an act required by law considered under the circumstances of the individual case. See Hawaii Revised Statutes 386-1
Grantor: The person who establishes a trust and places property into it.
green infrastructure bond: means any bond, note or other evidence of indebtedness that is issued by the State, acting through the department, under a financing order, the proceeds of which are used directly or indirectly to recover, finance, or refinance financing costs of clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure, programs, and services, and that are secured by or payable from green infrastructure property. See Hawaii Revised Statutes 269-161
Green infrastructure bond fund: means the special fund created pursuant to § 196-67. See Hawaii Revised Statutes 269-161
Green infrastructure charge: means the on-bill charges as defined in § 196-61. See Hawaii Revised Statutes 269-161
Green infrastructure fee: means the nonbypassable fees and charges authorized by section 269-166 and in a financing order authorized under this part to be imposed on and collected from all existing and future customers of electric utilities or any successor. See Hawaii Revised Statutes 269-161
Green infrastructure loan program order: means an order issued by the public utilities commission under section 269-171 that establishes the use or other disposition of amounts deposited and held in the Hawaii green infrastructure special fund pursuant to § 196-65. See Hawaii Revised Statutes 269-161
Green infrastructure property: means the property, rights, and interests created by the public utilities commission under a financing order, including the right to impose, charge, and collect from electric utility customers the green infrastructure fee that shall be used to pay and secure the payment of bonds and financing costs, including the right to obtain adjustments to the green infrastructure fee, and any revenues, receipts, collections, rights to payment, payments, moneys, claims, or other proceeds arising from the rights and interests created by the public utilities commission under any financing order. See Hawaii Revised Statutes 269-161
Green infrastructure special fund: means the special fund created pursuant to § 196-65. See Hawaii Revised Statutes 269-161
Grievance: means a written complaint submitted in accordance with the dental insurer's formal grievance procedure by or on behalf of an enrollee regarding any aspect of the dental insurer relative to the enrollee. See Hawaii Revised Statutes 432G-1
Group contract: means a contract for dental care services which by its terms limits eligibility to members of a specified group. See Hawaii Revised Statutes 432G-1
Group contract holder: means the person to which a group contract has been issued. See Hawaii Revised Statutes 432G-1
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
guidelines: means an indication of a suggested criteria, course, or means to a particular end, and not an authoritative or exclusive prescription which limits the exercise of independent judgment, expertise, or care. See Hawaii Revised Statutes 386-1
Hawaii electric system: means all electric elements located within the State together with all interconnections located within the State that collectively provide for the generation, transmission, distribution, storage, regulation, or physical control of electricity over a geographic area; provided that this term shall not include any electric element operating without any interconnection to any other electric element located within the State. See Hawaii Revised Statutes 269-141
Hawaii financial institution: means :
(1) A corporation or credit union that holds a charter or license under this chapter or under prior Hawaii law, authorizing it to accept deposits, to make loans in excess of the rates permitted in chapter 478, or to engage in the business of a trust company; or
(2) A resulting bank as defined in article 12,
and includes a corporation or credit union existing and chartered as a Hawaii financial institution or licensed to transact business in this State on July 1, 1993. See Hawaii Revised Statutes 412:1-109
Hazardous financial condition: means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to:
(1) Meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or
(2) Pay other obligations in the normal course of business. See Hawaii Revised Statutes 431K-1
Health care coverage: means contractually arranged medical, personal, or other services, including preventive services, education, case management, and outreach, provided to an eligible member. See Hawaii Revised Statutes 431N-2
Health care provider: means a person qualified by the director to render health care and service and who has a license for the practice of:
(1) Medicine or osteopathy under chapter 453;
(2) Dentistry under chapter 448;
(3) Chiropractic under chapter 442;
(4) Naturopathic medicine under chapter 455;
(5) Optometry under chapter 459;
(6) Podiatry under chapter 463E;
(7) Psychology under chapter 465; and
(8) Advanced practice registered nurse under chapter 457. See Hawaii Revised Statutes 386-1
Holding company: means any company which controls another company. See Hawaii Revised Statutes 412:1-109
Hospital: means a facility licensed as a hospital by the department of health and accredited by The Joint Commission. See Hawaii Revised Statutes 431M-1
Identification leg band: means the band placed around the pigeon's leg identifying the owner by name or initials or containing numbers or letters or a combination thereof. See Hawaii Revised Statutes 142-101
In-hospital services: means the provision of medical, nursing, or therapeutic services twenty-four hours a day in a hospital. See Hawaii Revised Statutes 431M-1
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Individual: means a natural person. See Hawaii Revised Statutes 11-302
Individual contract: means a contract for dental care services issued to and covering an individual. See Hawaii Revised Statutes 432G-1
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Inquiry identification number: means the number issued by the center to every excavator who contacts the center for the purpose of excavating. See Hawaii Revised Statutes 269E-2
insolvency: means that the dental insurer has been declared insolvent and placed under an order of supervision, rehabilitation, or liquidation by the commissioner or a court of competent jurisdiction. See Hawaii Revised Statutes 432G-1
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
Insurance: means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this State. See Hawaii Revised Statutes 431K-1
Inter vivos: Transfer of property from one living person to another living person.
Interconnection: means the physical contact point connecting an electric element to another electric element or group of electric elements that allows for the flow and transfer of electricity between electric elements. See Hawaii Revised Statutes 269-141
Interconnection requirement: means a standard or rule, adopted by the commission under this part, concerning the performance levels, processes, practices, equipment, or facilities of any entity either having or seeking to obtain an interconnection to the Hawaii electric system under procedures established pursuant to section 269-145 to ensure the reliable operation of the Hawaii electric system. See Hawaii Revised Statutes 269-141
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
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.
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Liability: means legal liability for damages, including costs of defense, legal costs and fees, and other claims expenses because of injuries to other persons, damage to their property, or other damage or loss to those other persons resulting from or arising out of:
(1) Any business, whether for profit or nonprofit, trade, product, services, including professional services, premises, or operations; or
(2) Any activity of any state or county government, or any agency or political subdivision;
but does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act, 45 U. See Hawaii Revised Statutes 431K-1
Licensed clinical social worker: means a person who is a licensed clinical social worker pursuant to chapter 467E. See Hawaii Revised Statutes 431M-1
Licensed dietitian: means a person who uses the title of licensed dietitian or dietitian and has been licensed to practice dietetics under chapter 448B. See Hawaii Revised Statutes 431M-1
Licensed marriage and family therapist: means a person licensed in marriage and family therapy practice pursuant to chapter 451J. See Hawaii Revised Statutes 431M-1
Licensed mental health counselor: means a person:
(1) Who engages in the practice of [mental] health counseling and uses the title of licensed mental health counselor;
(2) Who is licensed in mental health counseling practice pursuant to chapter 453D; and
(3) Whose license is in effect and not revoked or suspended. See Hawaii Revised Statutes 431M-1
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Loans and extensions of credit: includes a contractual commitment to advance funds. See Hawaii Revised Statutes 412:1-109
Medical malpractice insurance: means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician or hospital. See Hawaii Revised Statutes 435C-2
Member: means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association. See Hawaii Revised Statutes 429-1
Mental health outpatient facility: means a mental health establishment, clinic, institution, center, or community mental health center that provides for the diagnosis, treatment, care, or rehabilitation of mentally ill persons and has been accredited by The Joint Commission or the Commission on Accreditation of Rehabilitation Facilities or certified by the department of health. See Hawaii Revised Statutes 431M-1
Mental health outpatient services: means mental health nonresidential treatment provided on an ambulatory basis to patients with mental illness that includes interventions prescribed and performed by a physician, psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed mental health counselor, or advanced practice registered nurse. See Hawaii Revised Statutes 431M-1
Mental illness: means a syndrome of clinically significant psychological, biological, or behavioral abnormalities that results in personal distress or suffering, impairment of capacity for functioning, or both. See Hawaii Revised Statutes 431M-1
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.
Net direct premiums: means general casualty insurance direct premiums written as reported on the Hawaii State Page of the Exhibit of Premium and Losses of the annual statement under medical malpractice, workers' compensation, and other liability lines of business. See Hawaii Revised Statutes 435C-2
Net energy metering: means measuring the difference between the electricity supplied through the electric grid and the electricity generated by an eligible customer-generator and fed back to the electric grid over a monthly billing period; provided that:
(1) Net energy metering shall be accomplished using a single meter capable of registering the flow of electricity in two directions;
(2) An additional meter or meters to monitor the flow of electricity in each direction may be installed with the consent of the customer-generator, at the expense of the electric utility, and the additional metering shall be used only to provide the information necessary to accurately bill or credit the customer-generator, or to collect solar, wind turbine, biomass, or hydroelectric energy generating system performance information for research purposes;
(3) If the existing electrical meter of an eligible customer-generator is not capable of measuring the flow of electricity in two directions, the electric utility shall be responsible for all expenses involved in purchasing and installing a meter that is able to measure electricity flow in two directions;
(4) If an additional meter or meters are installed, the net energy metering calculation shall yield a result identical to that of a single meter; and
(5) An eligible customer-generator who already owns an existing solar, wind turbine, biomass, or hydroelectric energy generating facility, or a hybrid system consisting of two or more of these facilities, is eligible to receive net energy metering service in accordance with this part. See Hawaii Revised Statutes 269-101
Net worth: means the excess of total assets over total liabilities; provided that liabilities shall not include fully subordinated debt. See Hawaii Revised Statutes 432G-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.
Noncandidate committee: means an organization, association, party, or individual that has the purpose of making or receiving contributions, making expenditures, or incurring financial obligations to influence the nomination for election, or the election, of any candidate to office, or for or against any question or issue on the ballot; provided that a noncandidate committee does not include:
(1) A candidate committee;
(2) Any individual making a contribution or making an expenditure of the individual's own funds or anything of value that the individual originally acquired for the individual's own use and not for the purpose of evading any provision of this part; or
(3) Any organization that raises or expends funds for the sole purpose of producing and disseminating informational or educational communications that are not made to influence the outcome of an election, question, or issue on a ballot. See Hawaii Revised Statutes 11-302
Nonhospital facility: means a facility for the care or treatment of alcohol dependent, drug dependent, or mentally ill persons that has been accredited by The Joint Commission or the Commission on Accreditation of Rehabilitation Facilities or certified by the department of health and, if residential, has been licensed as a special treatment facility by the department of health. See Hawaii Revised Statutes 431M-1
Nonprofit association: means an unincorporated organization, other than one created by a trust, consisting of two or more members joined by mutual consent for a common, nonprofit purpose. See Hawaii Revised Statutes 429-1
Nonprofit entity: means any charitable organization operating pursuant to Title Hawaii Revised Statutes 432C-1
Oath: A promise to tell the truth.
oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
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.
One call center: means a private provider selected by the commission pursuant to § 269E-5 that provides advance warning to excavators of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage. See Hawaii Revised Statutes 269E-2
Operator: means any person who owns, operates, or maintains a subsurface installation. See Hawaii Revised Statutes 269E-2
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means the persons who hold title to or are in possession of the land on or under which a cave is located, or the persons' lessee or agent. See Hawaii Revised Statutes 6D-1
Partial hospitalization: means treatment services, including in-hospital treatment services or benefits, provided by a hospital or mental health outpatient facility to patients who, because of their conditions, require more than periodic hourly service. See Hawaii Revised Statutes 431M-1
Participating provider: means a provider as defined in this section, who, under an express or implied contract with the dental insurer or with its contractor or subcontractor, has agreed to provide dental care services to enrollees with an expectation of receiving payment, other than copayment or deductible, directly or indirectly from the dental insurer. See Hawaii Revised Statutes 432G-1
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Party: means any political party that satisfies the requirements of section 11-61. See Hawaii Revised Statutes 11-302
Person: means any individual, firm, joint venture, partnership, corporation, association, agency, cooperative or joint stock association, contractor, subcontractor, operator, or other entity. See Hawaii Revised Statutes 269E-2
Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 429-1
Person: means an individual, partnership, corporation, organization, or other business entity. See Hawaii Revised Statutes 431S-1
Person: means a natural person, entity or organization, including without limitation an individual, corporation, joint venture, partnership, sole proprietorship, association, cooperative, estate, trust, or governmental unit. See Hawaii Revised Statutes 412:1-109
Person: means an individual, a partnership, a candidate committee or noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees. See Hawaii Revised Statutes 11-302
Personal injury: includes death resulting therefrom. See Hawaii Revised Statutes 386-1
Personal property: All property that is not real property.
Pharmacy benefit management: means :
(1) Any of the following services provided with regard to the administration of pharmacy benefits:
(A) Mail service pharmacy;
(B) Claims processing, retail network management, and payment of claims to pharmacies for prescription drugs dispensed to covered persons;
(C) Clinical formulary development and management services;
(D) Rebate contracting and administration;
(E) Certain patient compliance, therapeutic intervention, and generic substitution programs; or
(F) Disease management programs involving prescription drug utilization;
(2) The procurement of prescription drugs by a pharmacy benefit manager at a negotiated rate for dispensation to covered persons in the State; or
(3) The administration or management of prescription drug benefits provided by a covered entity for the benefit of covered persons. See Hawaii Revised Statutes 431S-1
Pharmacy benefit manager: means any person, business, or entity that performs pharmacy benefit management, including but not limited to a person or entity under contract with a pharmacy benefit manager to perform pharmacy benefit management on behalf of a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, or health program administered by the State. See Hawaii Revised Statutes 431R-1
Pharmacy benefit manager: means any person that performs pharmacy benefit management, including but not limited to a person or entity in a contractual or employment relationship with a pharmacy benefit manager to perform pharmacy benefit management for a covered entity. See Hawaii Revised Statutes 431S-1
Physician: means a person licensed in the practice of medicine or osteopathy pursuant to chapter 453. See Hawaii Revised Statutes 431M-1
Physician: includes a doctor of medicine, a dentist, a chiropractor, an osteopath, a naturopathic physician, a psychologist, an optometrist, an advanced practice registered nurse, and a podiatrist. See Hawaii Revised Statutes 386-1
Pigeon: includes all carrier and show birds but does not pertain to birds raised for food or for similar commercial purposes. See Hawaii Revised Statutes 142-101
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan: means the joint underwriting plan established pursuant to the provisions of this chapter. See Hawaii Revised Statutes 435C-2
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.
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 acupuncture: means stimulation of a certain acupuncture point or points on the human body for the purpose of controlling and regulating the flow and balance of energy in the body. See Hawaii Revised Statutes 436E-2
Practice of athletic training: refers to the application by an athletic trainer, whether or not registered under this chapter and without regard to certification by any certifying body, of principles and methods to:
(1) Prevent athletic injuries;
(2) Recognize, evaluate, and assess athletic injuries and conditions;
(3) Provide immediate care of athletic injuries, including common emergency medical care;
(4) Treat, rehabilitate, and recondition athletic injuries;
(5) Administer athletic training services and organization; and
(6) Educate athletes;
provided that the practice of athletic training does not include provision of medical services as defined in § 453-1, occupational therapy services as defined in § 457G-1, or physical therapy or physical therapy services as defined in § 461J-1. See Hawaii Revised Statutes 436H-2
Prescription drug benefit plan: means an accident and sickness insurance plan or health benefits plan that includes coverage for prescription drugs. See Hawaii Revised Statutes 431R-1
Prescription drug benefit plan provider: means a person who provides prescription drug coverage as part of an accident and health or sickness insurance contract or other type of health insurance or benefits plan that is offered by the person and is subject to regulation under article 10A of chapter 431, chapter 432, or chapter 432D. See Hawaii Revised Statutes 431R-1
present sale: means a sale that is accomplished by the making of the contract. See Hawaii Revised Statutes 490:2-106
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Provider: means any person licensed to practice dentistry as defined in section 448-1. See Hawaii Revised Statutes 432G-1
Psychologist: means a person licensed in the practice of psychology pursuant to chapter 465. See Hawaii Revised Statutes 431M-1
Public highways: has the meaning defined by § 264-1, including both state and county highways, but operation upon rails shall not be deemed transportation on public highways. See Hawaii Revised Statutes 269-1
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Purchasing group: means any group which:
(1) Has as one of its purposes the purchase of liability insurance on a group basis;
(2) Purchases this insurance only for its group members and only to cover their similar or related liability exposure, as described in [paragraph (3)];
(3) Is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and
(4) Is domiciled in any state. See Hawaii Revised Statutes 431K-1
Qualified: means :
(1) Having skill in the diagnosis or treatment of substance use disorders, based on a practitioner's credentials, including but not limited to professional education, clinical training, licensure, board or other certification, clinical experience, letters of reference, other professional qualifications, and disciplinary action; or
(2) Being a licensed physician, psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed mental health counselor, or advanced practice registered nurse, and certified pursuant to chapter 321. See Hawaii Revised Statutes 431M-1
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.
reclaimed water: means treated wastewater that by design is intended or used for a beneficial purpose; and
(v) The facility is not engaged, either directly or indirectly, in the processing of food wastes;
(K) Any person who owns, controls, operates, or manages any seawater air conditioning district cooling project; provided that at least fifty per cent of the energy required for the seawater air conditioning district cooling system is provided by a renewable energy resource, such as cold, deep seawater;
(L) Any person who owns, controls, operates, or manages plants or facilities primarily used to charge or discharge a vehicle battery that provides power for vehicle propulsion;
(M) Any person who:
(i) Owns, controls, operates, or manages a renewable energy system that is located on a customer's property; and
(ii) Provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to the customer on whose property the renewable energy system is located; provided that, for purposes of this subparagraph, a customer's property shall include all contiguous property owned or leased by the customer without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way, and utility rights-of-way; and
(N) Any person who owns, controls, operates, or manages a renewable energy system that is located on such person's property and provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to lessees or tenants on the person's property where the renewable energy system is located; provided that:
(i) An interconnection, as defined in § 269-141, is maintained with an electric public utility to preserve the lessees' or tenants' ability to be served by an electric utility;
(ii) Such person does not use an electric public utility's transmission or distribution lines to provide, sell, or transmit electricity to lessees or tenants;
(iii) At the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission;
(iv) The rate schedule or formula shall be established for the duration of the lease, and the lease agreement entered into by the lessee or tenant shall reflect such rate schedule or formula;
(v) The lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare;
(vi) The lease agreement shall disclose:
(1) the rate schedule or formula for the duration of the lease agreement;
(2) that, at the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission;
(3) that the lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare; and
(4) whether the lease is contingent upon the purchase of electricity from the renewable energy system; provided further that any disputes concerning the requirements of this provision shall be resolved pursuant to the provisions of the lease agreement or chapter 521, if applicable; and
(vii) Nothing in this section shall be construed to permit wheeling. See Hawaii Revised Statutes 269-1
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Reliability standard: means an electric reliability requirement or requirements, adopted by the commission under this part, to ensure the reliable design and operation of any or all portions of the Hawaii electric system, including but not limited to ancillary service requirements. See Hawaii Revised Statutes 269-141
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.
Renewable energy system: means any identifiable facility, equipment, apparatus, or the like that converts renewable energy, as defined in § 269-91, to useful thermal or electrical energy for heating, cooling, or reducing the use of other types of energy that are dependent on fossil fuel for their generation. See Hawaii Revised Statutes 269-1
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
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.
Retail community pharmacy: means a pharmacy, permitted by the board of pharmacy pursuant to § 461-14, that is open to the public, dispenses prescription drugs to the general public, and makes available face-to-face consultations between licensed pharmacists and the general public to whom prescription drugs are dispensed. See Hawaii Revised Statutes 431R-1
Risk retention group: means any corporation or other limited liability association formed under the laws of any state, Bermuda, or the Cayman Islands:
(1) Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members;
(2) Which is organized for the primary purpose of conducting the activity described under paragraph (1);
(3) Which:
(A) Is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or
(B) Before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before this date, had certified to the insurance commissioner of at least one state that it satisfied the capitalization requirements of that state, except that any group shall be considered to be a risk retention group only if the group has been engaged in business continuously since this date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability, as defined in the Product Liability Risk Retention Act of 1981, 15 U. See Hawaii Revised Statutes 431K-1
Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 490:2-103
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.
significant: means twenty per cent or more of the assets of the nonprofit entity or an amount where the for-profit entity gains control or majority ownership of total assets of the nonprofit entity. See Hawaii Revised Statutes 432C-1
Single-line: means a single-party line or a one-party line. See Hawaii Revised Statutes 269-1
State: means any state of the United States or the District of Columbia. See Hawaii Revised Statutes 431K-1
State average weekly wage: means the amount determined by the director under section 383-22 as the average weekly wage. See Hawaii Revised Statutes 386-1
State highway improvements: means capital improvements to the physical infrastructure of state highways. See Hawaii Revised Statutes 264-121
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Subpoena: A command to a witness to appear and give testimony.
Subscriber: means an individual whose employment or other status, except family dependency, is the basis for eligibility for enrollment in the dental insurer, or in the case of an individual contract, the person in whose name the contract is issued. See Hawaii Revised Statutes 432G-1
Subsidiary: means a corporation, joint venture, partnership, or other company that is controlled by another corporation. See Hawaii Revised Statutes 412:1-109
Substance abuse services: means the provision of medical, psychological, nursing, counseling, or therapeutic services in response to a treatment plan for alcohol or drug dependence or both which shall include, when appropriate, a combination of aftercare and individual, group, and family counseling services provided by qualified staff. See Hawaii Revised Statutes 431M-1
Subsurface installation: means any pipeline, conduit, cable, duct, wire, sewer line, storm drain, vault, or other structure that is located underground. See Hawaii Revised Statutes 269E-2
Successor: means , with respect to any electric utility, another electric utility or other entity that succeeds voluntarily or by operation of law to the rights and obligations of the first electric utility or other entity pursuant to any bankruptcy, reorganization, restructuring, or other insolvency proceedings; any merger, acquisition, or consolidation; or any sale or transfer of assets, regardless of how any of these actions occurred. See Hawaii Revised Statutes 269-161
Suitable gainful employment: means employment or self-employment within the geographical area where the employee resides, which is reasonably attainable and which offers an opportunity to restore the employee's earnings capacity as nearly as possible to that level which the employee was earning at the time of injury and to return the employee to the active labor force as quickly as possible in a cost-effective manner, giving due consideration to the employee's qualifications, interests, incentives, future earnings capacity, and the present and future labor market. See Hawaii Revised Statutes 386-1
Summons: Another word for subpoena used by the criminal justice system.
Taxicab: means and includes:
(1) Any motor vehicle used in the movement of passengers on the public highways under the following circumstances, namely, the passenger hires the vehicle on call or at a fixed stand, with or without baggage for transportation, and controls the vehicle to the passenger's destination; and
(2) Any motor vehicle having seating accommodations for eight or less passengers used in the movement of passengers on the public highways between a terminal, i. See Hawaii Revised Statutes 269-1
telecommunications: means the offering of transmission between or among points specified by a user, of information of the user's choosing, including voice, data, image, graphics, and video without change in the form or content of the information, as sent and received, by means of electromagnetic transmission, or other similarly capable means of transmission, with or without benefit of any closed transmission medium, and does not include cable service as defined in § 440G-3. See Hawaii Revised Statutes 269-1
telecommunications common carrier: means any person that owns, operates, manages, or controls any facility used to furnish telecommunications services for profit to the public, or to classes of users as to be effectively available to the public, engaged in the provision of services, such as voice, data, image, graphics, and video services, that make use of all or part of their transmission facilities, switches, broadcast equipment, signalling, or control devices. See Hawaii Revised Statutes 269-1
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
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.
Total disability: means disability of such an extent that the disabled employee has no reasonable prospect of finding regular employment of any kind in the normal labor market. See Hawaii Revised Statutes 386-1
Touch-tone dialing: means dual-tone multi-frequency, as opposed to dial-pulse signaling. See Hawaii Revised Statutes 269-1
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Treating physician: means a physician or osteopathic physician licensed under chapter 453 who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by an athletic trainer and oversees the practice of athletic training by an athletic trainer. See Hawaii Revised Statutes 436H-2
Treatment episode: means one admission to an accredited hospital or nonhospital facility, or office of a qualified physician, psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed mental health counselor, or advanced practice registered nurse for treatment of alcohol or drug dependence, or both, as stipulated in a prescribed treatment plan and that would generally produce remission in those who complete the treatment. See Hawaii Revised Statutes 431M-1
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
Trustee: means any trustee or fiscal agent appointed under an indenture or certificate of the director executed in connection with the issuance of bonds pursuant to § 39-68. See Hawaii Revised Statutes 269-161
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Uncovered expenditures: means the costs to the dental insurer for dental care services that are the obligation of the dental insurer, for which an enrollee may also be liable in the event of the dental insurer's insolvency, and for which no alternative arrangements have been made that are acceptable to the commissioner. See Hawaii Revised Statutes 432G-1
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}
Usual and customary employment: means the line or type of work in the gainful employment market consistent with a claimant's background, training, and experience. See Hawaii Revised Statutes 386-1
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.
Venue: The geographical location in which a case is tried.
Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Hawaii Revised Statutes 200-61
Vocational rehabilitation plan: means an approved plan prepared by a certified rehabilitation provider with an employee that is designed to assist the employee in obtaining and maintaining suitable gainful employment. See Hawaii Revised Statutes 386-1
Vocational rehabilitation services: means services provided in a rehabilitation program to assist an employee in obtaining and maintaining suitable gainful employment that may include but shall not be limited to on-the-job training, job modification, vocational evaluation, adjustment to disability, counseling, guidance, vocational and personal adjustment, referrals, transportation, training, supplies, equipment, appliances, aid, occupational licenses, and other goods and services needed to assist an employee in obtaining and maintaining suitable gainful employment. See Hawaii Revised Statutes 386-1
Wages: means all remuneration for services constituting employment. See Hawaii Revised Statutes 386-1
Wages: means all remuneration for services from whatever source, including commissions, bonuses, tips or gratuities received in the course of employment from others than the employer to the extent that they are customary and expected in that type of employment and reported to the employer for payroll tax deduction purposes, and the cash value of all remuneration in any medium other than cash. See Hawaii Revised Statutes 392-3
Work injury: means a personal injury suffered under the conditions specified in § 386-3. See Hawaii Revised Statutes 386-1

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Hawaii Revised Statutes > Chapter 142 – Animals, Brands, and Fences

Terms Used In Hawaii Revised Statutes > Chapter 142 - Animals, Brands, and Fences

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