Terms Used In Hawaii Revised Statutes > Title 12 > Subtitle 3 - Mining and Minerals

• Advanced life support: means initiating all basic life support care as well as invasive patient care designed to stabilize and support a patient's condition due to sudden illness or injury. See Hawaii Revised Statutes 321-222
• Advisory commission: means the state advisory commission on drug abuse and controlled substances established in section 329-2. See Hawaii Revised Statutes 321-191
• Advisory committee: means the emergency medical services advisory committee. See Hawaii Revised Statutes 321-222
• 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.
• Appraisal: A determination of property value.
• Articles of incorporation: include amended and restated articles of incorporation and articles of merger. See Hawaii Revised Statutes 414-3
• Audiologist: means an individual professional licensed as an audiologist pursuant to chapter 468E. See Hawaii Revised Statutes 321-361
• Basic life support: means initiating noninvasive emergency patient care designed to optimize the patient's chances of surviving the emergency situation. See Hawaii Revised Statutes 321-222
• 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
• Biological risk: means prenatal, perinatal, neonatal, or early developmental events suggestive of biological insults to the developing central nervous system which increase the probability of delayed development. See Hawaii Revised Statutes 321-351
• Birth defect: means an abnormality of structure, function, or body metabolism present at birth that adversely affects a child's health and development, results in a physical or mental disability, or is fatal. See Hawaii Revised Statutes 321-421
• Board: means the Hawaii board of optometry. See Hawaii Revised Statutes 459-1.5
• Board: means the pest control board. See Hawaii Revised Statutes 460J-1
• Board: means the board of physical therapy. See Hawaii Revised Statutes 461J-1
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 181-1
• Case management: means an ongoing service of shared responsibility between families and professionals that identifies needs and assists in obtaining coordinated, appropriate services and resources. See Hawaii Revised Statutes 321-351
• Certified midwife: means a person who holds a current and valid national certification as a certified midwife from the American Midwifery Certification Board, or any successor organization. See Hawaii Revised Statutes 457J-2
• Certified professional midwife: means a person who holds a current and valid national certification as a certified professional midwife from the North American Registry of Midwives, or any successor organization. See Hawaii Revised Statutes 457J-2
• Child: means a person under eighteen years of age. See Hawaii Revised Statutes 321-342
• Child death review information: means information regarding the child and child's family, including but not limited to:
  (1) Social, medical, and legal histories;
  (2) Death and birth certificates;
  (3) Law enforcement investigative data;
  (4) Medical examiner or coroner investigative data;
  (5) Parole and probation information and records;
  (6) Information and records of social service agencies;
  (7) Educational records; and
  (8) Health care institution information. See Hawaii Revised Statutes 321-342
• Clean and sober home: means a dwelling unit that is intended to provide a stable, independent environment of alcohol- and drug-free living conditions to sustain recovery and that is shared by unrelated adult persons who are recovering from substance abuse. See Hawaii Revised Statutes 321-191
• Client: means a person under the care of a licensed midwife, as well as the person's fetus and newborn child. See Hawaii Revised Statutes 457J-2
• 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
• Deaf or hard of hearing: means any type and degree of permanent hearing loss as assessed by an audiologist or physician specialized in hearing function. See Hawaii Revised Statutes 321-361
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delayed development: means a significant delay in one or more of the following areas of development: cognition, speech, language, physical, motor, vision, hearing, psychosocial, or self-help skills. See Hawaii Revised Statutes 321-351
• Deliver: includes mail. See Hawaii Revised Statutes 414-3
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
• Department: means the department of health. See Hawaii Revised Statutes 321-191
• Department: means the department of health. See Hawaii Revised Statutes 321-222
• Department: means the department of health. See Hawaii Revised Statutes 321-342
• Department: means the department of health. See Hawaii Revised Statutes 321-351
• Department: means the department of health. See Hawaii Revised Statutes 321-361
• Department: means the department of health. See Hawaii Revised Statutes 321-372
• Department: means the department of health. See Hawaii Revised Statutes 321-411
• 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
• Diagnostic audiologic evaluation: means an evaluation of the sensitivity of a person 's sense of hearing as assessed by an audiologist or physician specialized in hearing function. See Hawaii Revised Statutes 321-361
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 459-1.5
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 460J-1
• Director: means the director of health or the director's designated representatives. See Hawaii Revised Statutes 321-342
• Director: means the director of health. See Hawaii Revised Statutes 321-351
• Director: means the director of health. See Hawaii Revised Statutes 321-372
• Director: means the director of health. See Hawaii Revised Statutes 321-411
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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
• 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
• Early intervention services: means services which:

  (1) Are provided under public supervision;

  (2) Are provided at no cost, except where federal or state law provides for a system of payments by families, including a sliding fee schedule;

  (3) Are designed to meet the developmental needs of infants and toddlers with special needs, which include but are not limited to physical development, cognitive development, and self-help skills;

  (4) Are provided by qualified professional and paraprofessional personnel;

  (5) Are provided in conformity with an individualized family support plan; and

  (6) Include but are not limited to: family support, counseling, and home visits; special instruction; speech pathology and audiology; occupational therapy; physical therapy; psychological services; case management services; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; and health services necessary to enable the infant or toddler to benefit from the other early intervention services. See Hawaii Revised Statutes 321-351

• Educational institution: means public schools as defined under chapter 302A, privately operated schools of lower education, and colleges, the University of Hawaii, and other universities. See Hawaii Revised Statutes 461J-1
• Efficacy and safety data: means data from experiments conducted by qualified scientists to determine the efficacy and safety of a nonchemical pest control device. See Hawaii Revised Statutes 460J-1
• Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling the device, an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product. See Hawaii Revised Statutes 321-211
• Emergency aeromedical services: means a secondary response system that provides immediate critical care and transport by rotary-wing aircraft of a patient to a facility that provides specialized medical care. See Hawaii Revised Statutes 321-222
• Emergency medical services for children: means emergency medical services, including preventive, pre-hospital, hospital, rehabilitative, and other post-hospital care for children. See Hawaii Revised Statutes 321-222
• Emergency medical services personnel: means any mobile intensive care technician or emergency medical technician who is certified or licensed by the State. See Hawaii Revised Statutes 321-222
• 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
• Environmental risk: means physical, social, or economic factors which may limit development. See Hawaii Revised Statutes 321-351
• Ex officio: Literally, by virtue of one's office.
• 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.
• Family: means :
  (1) Each legal parent;
  (2) Each natural parent;

  (3) The adjudicated, presumed, or concerned natural parent as defined under section 578-2;
  (4) Each parent's spouse or former spouses;
  (5) Each sibling or person related by consanguinity or marriage;
  (6) Each person residing in the same dwelling unit; and
  (7) Any other person who, or legal entity that, is a child's legal or physical custodian or guardian, or who is otherwise responsible for the child's care, other than an authorized agency that assumes such a legal status or relationship with the child under chapter 587A. See Hawaii Revised Statutes 321-342
• First responder personnel: means a person who has successfully completed a United States Department of Transportation approved First Responder Course of training in emergency basic life support. See Hawaii Revised Statutes 321-222
• Foreign corporation: means a corporation for profit incorporated under a law other than the law of this State. See Hawaii Revised Statutes 414-3
• Fumigation: means the use of any substance or substances that emit or liberate gases, fumes, or vapors which may be used for the destruction or control of insects, vermin, rodents, or other pests, which, in the opinion of the board, may be lethal, poisonous, noxious, or dangerous to human life. See Hawaii Revised Statutes 460J-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Hearing screening: means objective procedures to detect possible hearing loss and determine the need for diagnostic audiologic evaluation and medical evaluation. See Hawaii Revised Statutes 321-361
• Infant: means a child from birth to thirty-six months of age. See Hawaii Revised Statutes 321-361
• Infants and toddlers with special needs: means infants and toddlers from birth to the age of three with delayed development, biological risk, or environmental risk. See Hawaii Revised Statutes 321-351
• Institutional review board: means an institutional review board established in accordance with 7 Code of Federal Regulations 1c. See Hawaii Revised Statutes 321-421
• 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
• Midwife: means a person licensed under this chapter. See Hawaii Revised Statutes 457J-2
• Midwifery: means the provision of one or more of the following services:

  (1) Assessment, monitoring, and care during pregnancy, labor, childbirth, postpartum and interconception periods, and for newborns, including ordering and interpreting screenings and diagnostic tests, and carrying out appropriate emergency measures when necessary;

  (2) Supervising the conduct of labor and childbirth; and

  (3) Provision of advice and information regarding the progress of childbirth and care for newborns and infants. See Hawaii Revised Statutes 457J-2

• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonchemical pest control device: means any device that purports to eliminate or control pests by attracting, repelling, or killing pests without the use of chemicals. See Hawaii Revised Statutes 460J-1
• North American Registry of Midwives: means the organization that sets national standards for the certified professional midwife credential. See Hawaii Revised Statutes 457J-2
• Operator: means an individual, firm, or corporation engaged in strip mining operations. See Hawaii Revised Statutes 181-1
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Person: includes individual and entity. See Hawaii Revised Statutes 414-3
• Pest control: means , with respect to wood-destroying pests, or other pests which may invade households or other structures, including railroad cars, ships, docks, trucks, airplanes, or the contents thereof, the engaging in, offering to engage in, advertising for, soliciting, or performing the following for hire:

  (1) Identifying pests or infestations;

  (2) Making an inspection for the purpose of identifying or attempting to identify infestations of household or other structures by pests;

  (3) Making inspection reports, recommendations, estimates, and bids, whether oral or written, with respect to infestations; or

  (4) Making contracts, or submitting bids for, or the use of avicides, insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances, or mechanical devices, for the purpose of eliminating, exterminating, controlling, or preventing infestations of pests or organisms. See Hawaii Revised Statutes 460J-1

• Pest control operator: means any person who personally or through others offers to undertake or practice, or holds oneself out as being able to undertake or practice, or does undertake or practice pest control. See Hawaii Revised Statutes 460J-1
• Physical therapist: means a person who is licensed to practice physical therapy in this State. See Hawaii Revised Statutes 461J-1
• Physical therapist assistant: means a person who is licensed as a physical therapist assistant in the State and assists the physical therapist in selected components of treatment or intervention. See Hawaii Revised Statutes 461J-1
• physical therapy services: means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, pain from injury, disease, and any other physical or mental condition as performed by a physical therapist appropriately licensed under this chapter. See Hawaii Revised Statutes 461J-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
• Possession: means knowingly having direct physical control at a given time or knowingly having the power and the intention, at a given time, to exercise dominion or control, including the actual use of the tobacco product. See Hawaii Revised Statutes 321-211
• Practice of physical therapy: includes , but is not limited to, the use of the following:

  (1) Physical agents, such as heat, cold, water, air, sound, compression, light, electricity, and electromagnetic radiation;

  (2) Exercise with or without devices, joint mobilization, mechanical stimulation; biofeedback; postural drainage; traction; positioning, massage, splinting, training in locomotion, and other functional activities with or without assisting devices; and correction of posture, body mechanics, and gait;

  (3) Tests and measurements of: muscle strength, force, endurance, and tone; joint motion, mobility, and stability; reflexes and automatic reaction; movement skill and accuracy; sensation and perception; peripheral nerve integrity; locomotor skill, stability, and endurance; activities of daily living; cardiac, pulmonary, and vascular functions; the fit, function, and comfort of prosthetic, orthotic, and other assisting devices; posture and body mechanics; limb strength, circumference, and volume; thoracic excursion and breathing patterns; vital signs; nature and locus of pain and conditions under which pain varies; photosensitivity; and the home and work physical environments. See Hawaii Revised Statutes 461J-1

• 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.
• 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
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Publicly owned building: means any building or structure, including a hospital or a school, that is owned, leased, or operated by the State; provided that it shall be a building or structure in which individuals employed by the State work during normal operations. See Hawaii Revised Statutes 321-411
• Qualified midwife preceptor: means a licensed and experienced midwife, or other maternal health professional licensed in the State, who participates in the clinical education of individuals enrolled in a midwifery education program accredited by the Midwifery Education Accreditation Council or Accreditation Commission For Midwifery Education and who meets the criteria for midwife preceptors set forth by the applicable organization. See Hawaii Revised Statutes 457J-2
• Quorum: The number of legislators that must be present to do business.
• 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
• Service area: means the State, excluding any county having a population of five hundred thousand or more. See Hawaii Revised Statutes 321-222
• 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
• State system: means the state pre-hospital emergency medical services system. See Hawaii Revised Statutes 321-222
• Statewide: means all counties in the State. See Hawaii Revised Statutes 321-222
• 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
• Substance: means alcohol, any drug on schedules I through IV of chapter 329, or any substance which includes in its composition volatile organic solvents. See Hawaii Revised Statutes 321-191
• Substance abuse: means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society. See Hawaii Revised Statutes 321-191
• Surgery: means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or laser means. See Hawaii Revised Statutes 459-1.5
• Tattoo artist: means any person who creates indelible marks or decorative designs by introducing pigments beneath the surface of the skin, resulting in permanent or semi-permanent markings, with the aid of needles, electric machines, hand tools, or other devices or means. See Hawaii Revised Statutes 321-372
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tobacco product: means tobacco in any form, including an electronic smoking device, cigarettes, cigars, snuff, and chewing tobacco, that is prepared or intended for consumption by, or the personal use of, humans. See Hawaii Revised Statutes 321-211
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unit: is a relative value assigned to continuing competence activities in which one continuing competence unit is equivalent to at least fifty minutes of classroom or hands-on instruction. See Hawaii Revised Statutes 461J-1
• Venue: The geographical location in which a case is tried.
• 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