Terms Used In Hawaii Revised Statutes > Chapter 159 > Part III - Licensing

• 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.
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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.
• Association: means the American Dietetic Association. See Hawaii Revised Statutes 448B-1
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized emergency vehicle: includes fire department vehicles, police vehicles, ambulances, ocean safety vehicles, law enforcement vehicles, and conservation and resources enforcement vehicles authorized and approved pursuant to section 291-31. See Hawaii Revised Statutes 291C-1
• 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.
• 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}
• Bicycle: means :
  (1) A vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle; or
  (2) A low-speed electric bicycle, as defined under title 15 United States Code § 2085. See Hawaii Revised Statutes 291C-1
• Bicycle lane: means that portion of any highway which has been set aside for the preferential or exclusive use of bicycles. See Hawaii Revised Statutes 291C-1
• Bicycle path: means any facility set aside for the preferential or exclusive use of bicycles and physically separated from a highway. See Hawaii Revised Statutes 291C-1
• Bikeway: means a bicycle lane, bicycle path, or bicycle route, or any traffic control device, shelter, parking facility, or other support facility to serve bicycles and persons using bicycles. See Hawaii Revised Statutes 291C-1
• board: means the board of dentistry. See Hawaii Revised Statutes 448-5
• Board: means the board of electricians and plumbers. See Hawaii Revised Statutes 448E-1
• Board: means the elevator mechanics licensing board created by this chapter. See Hawaii Revised Statutes 448H-1
• Board: means the board of agriculture of the State. See Hawaii Revised Statutes 159-3
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See Hawaii Revised Statutes 291C-1
• Business district: means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway. See Hawaii Revised Statutes 291C-1
• Commission on accreditation: means the Commission on Accreditation/Approval for Dietetics Education. See Hawaii Revised Statutes 448B-1
• Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
• Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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

• Controlled-access highway: means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. See Hawaii Revised Statutes 291C-1
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Crosswalk: means :
  (1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or
  (2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Hawaii Revised Statutes 291C-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous wheels: means any wheel, wheel cover, hubcap, lug nut cover or cap, prong, or any ornamentation affixed to any of the aforementioned items that extends at least four inches beyond the portion of the wheel rim that extends furthest away from the vehicle and that may cause injury or property damage by minimal contact with a person or object. See Hawaii Revised Statutes 291C-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.
• Dental service organization: means any person who undertakes to provide or to arrange for or administer one or more prepaid dental insurance plans. See Hawaii Revised Statutes 448D-1
• Department: means the department of health. See Hawaii Revised Statutes 448B-1
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 448F-2
• Department: means the department of agriculture of the State. See Hawaii Revised Statutes 159-3
• Dependent: A person dependent for support upon another.
• Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
• Devise: To gift property by will.
• Dietetic practice: means the integration and application of scientific principles of nutrition, biochemistry, physiology, food, behavioral, and social sciences, in managing disease, and achieving and maintaining human health throughout the life cycle. See Hawaii Revised Statutes 448B-1
• Director: means the director of health. See Hawaii Revised Statutes 448B-1
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 448F-2
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Driver: means every person who drives or is in actual physical control of a vehicle. See Hawaii Revised Statutes 291C-1
• Electric foot scooter: means a device:
  (1) Weighing less than seventy-five pounds;
  (2) With two or three wheels;
  (3) With handlebars;
  (4) With either:

  (A) A floorboard that can be stood upon while riding; or

  (B) A seat or saddle for the use of the rider and stationary footrests;
  (5) That is powered by an electric motor or human power; and
  (6) Whose maximum speed, with or without human propulsion on a paved level surface, does not exceed fifteen miles per hour. See Hawaii Revised Statutes 291C-1
• Electric personal assistive mobility device: means a self-balancing, two-wheeled, non-tandem-wheeled device, designed to transport only one person, using an electric propulsion system that limits the maximum speed of the device to twelve and a half miles per hour or less. See Hawaii Revised Statutes 291C-1
• Electrologist: means any person who removes hair from the human body using a needle inserted in the hair follicle and uses direct electric current or shortwave alternating current to destroy the follicle but does not include any hair removal system that does not penetrate the skin. See Hawaii Revised Statutes 448F-2
• Elevator mechanic: means any person who engages in the construction, reconstruction, alteration, maintenance, mechanical, or electrical work or adjustments of any elevator, dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving walk or ramp, lift including any construction, reconstruction, alteration, or adjustment of the structure or facility of which the same may be a part or to which the same may be attached, necessary for proper completion of the work on the elevator, dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving walk or ramp, or lift. See Hawaii Revised Statutes 448H-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}
• 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.
• Executor: A male person named in a will to carry out the decedent
• Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
• Fiduciary: A trustee, executor, or administrator.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Highway: means the entire width between the boundary lines of every way publicly maintained and those private streets, as defined in § 46-16, over which the application of this chapter has been extended by ordinance, when any part thereof is open to the use of the public for purposes of vehicular travel. See Hawaii Revised Statutes 291C-1
• House trailer: means :
  (1) A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or
  (2) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (1), but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Hawaii Revised Statutes 291C-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. See Hawaii Revised Statutes 291C-1
• Intestate: Dying without leaving a will.
• Intrastate commerce: means commerce within the State. See Hawaii Revised Statutes 159-3
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Journey worker electrician: means any person who has been licensed by the board as a journey worker electrician to perform electrical work. See Hawaii Revised Statutes 448E-1
• Journey worker industrial electrician: means any person who has been licensed by the board as a journey worker industrial electrician to perform and maintain electrical work related to substation, switchgear, automatic controls, and all other industrial electrical work in existing industrial buildings and work places. See Hawaii Revised Statutes 448E-1
• Journey worker plumber: means any person who has been licensed by the board as a journey worker plumber to direct and supervise the performance of plumbing work and to perform plumbing work. See Hawaii Revised Statutes 448E-1
• Journey worker specialty electrician: means any person who has been licensed by the board as a journey worker specialty electrician to perform electrical work related to installing, repairing, altering, and maintaining but not the attachment of lighting and power circuits to, the following: electronic equipment, sound public address systems, and communication systems, other than equipment and systems for a single-family or two-family dwelling; master or community radio and television receiving antenna systems; sound recording systems, other than systems for a single-family or two-family dwelling; burglar and fire alarm systems; low voltage remote control, other than a control for a single-family or two-family dwelling; and low voltage communication signal systems. See Hawaii Revised Statutes 448E-1
• 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.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed dietitian: means a person who uses the title of licensed dietitian or dietitian and has been licensed to practice dietetics under this chapter. See Hawaii Revised Statutes 448B-1
• Licensee: means a person issued a license under part III of this chapter. See Hawaii Revised Statutes 159-3
• Lien: A claim against real or personal property in satisfaction of a debt.
• Maintenance electrician: means any person who has been licensed by the board as a maintenance electrician to maintain electrical work. See Hawaii Revised Statutes 448E-1
• Master plumber: means any person who has been licensed by the board as a master plumber to direct and supervise the performance of plumbing work and to perform plumbing work and who provides overall supervision and general direction and is responsible for proper installation of plumbing work. See Hawaii Revised Statutes 448E-1
• Meat or meat products: means any product capable of use as human food which is made wholly or in part from any meat or other portions of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of the carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from the definition as meat products by the board under the conditions as it may prescribe to assure that the meat or other portions of the carcasses contained in the products are not adulterated and that the products are not represented as meat products. See Hawaii Revised Statutes 159-3
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Moped: means a device upon which a person may ride that has :
  (1) Two or three wheels in contact with the ground;
  (2) A motor having a maximum power output capability measured at the motor output shaft, in accordance with SAE International standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3. See Hawaii Revised Statutes 291C-1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor scooter: means :
  (1) Every motor vehicle that has a handlebar and seating that requires the operator to straddle or sit astride on it and is designed to travel on no more than three wheels in contact with the ground, but excludes a farm tractor; or
  (2) Every motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride on it, and is designed to travel on three wheels in contact with the ground, called an autocycle, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture, with a motor that produces no more than five horsepower, but excludes a moped. See Hawaii Revised Statutes 291C-1
• Motor vehicle: means every vehicle which is self-propelled and every vehicle which is propelled by electric power but not operated upon rails but excludes a moped. See Hawaii Revised Statutes 291C-1
• Motorcycle: means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excludes a farm tractor and a moped. See Hawaii Revised Statutes 291C-1
• Neighborhood electric vehicle: means a self-propelled electrically powered motor vehicle to which all of the following apply:
  (1) The vehicle is emission free;

  (2) The vehicle is designed to be and is operated at speeds of twenty-five miles per hour or less;
  (3) The vehicle has four wheels in contact with the ground;
  (4) The vehicle has a gross vehicle weight rating of less than three thousand pounds; and
  (5) The vehicle conforms to the minimum safety equipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. See Hawaii Revised Statutes 291C-1
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person, other than a lien holder, having the property in or title to a vehicle. See Hawaii Revised Statutes 291C-1
• parking: means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. See Hawaii Revised Statutes 291C-1
• Pedestrian: means any person afoot, in an invalid chair, or in a vehicle propelled by a person afoot. See Hawaii Revised Statutes 291C-1
• Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
• Person: means any individual, firm, corporation, association, or partnership, or any organized group of persons whether incorporated or not. See Hawaii Revised Statutes 159-3
• 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
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Police officer: means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Hawaii Revised Statutes 291C-1
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prepaid dental insurance: means any contractual arrangement for dental services provided directly or arranged for or administered directly on a prepaid individual, group, or capitation basis. See Hawaii Revised Statutes 448D-1
• Private road or driveway: means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Hawaii Revised Statutes 291C-1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Railroad: means a carrier of persons or property upon cars operated upon stationary rails. See Hawaii Revised Statutes 291C-1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. See Hawaii Revised Statutes 291C-1
• Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Hawaii Revised Statutes 291C-1
• 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.
• Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. See Hawaii Revised Statutes 291C-1
• standing: means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. See Hawaii Revised Statutes 291C-1
• State: means the State of Hawaii. See Hawaii Revised Statutes 159-3
• Statute: A law passed by a legislature.
• Street: means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Hawaii Revised Statutes 291C-1
• Subpoena: A command to a witness to appear and give testimony.
• Subscriber: means a member of the public or group who has contracted with a dental service organization for the provision of dental services including dependents who are entitled to dental services under the plan solely because of their status as dependents of the subscriber. See Hawaii Revised Statutes 448D-1
• Summons: Another word for subpoena used by the criminal justice system.
• Supervising electrician: means any person who has been licensed by the board as a supervising electrician to direct and supervise the performance of electrical work and to perform electrical work. See Hawaii Revised Statutes 448E-1
• Supervising industrial electrician: means any person who has been licensed by the board as a supervising industrial electrician to direct and supervise electrical work related to substation, switchgear, automatic controls, and all other industrial electrical work in existing industrial buildings and work places. See Hawaii Revised Statutes 448E-1
• Supervising specialty electrician: means any person who has been licensed by the board as a supervising specialty electrician to direct and supervise the performance of electrical work related to installing, repairing, altering, and maintaining, but not the attachment of lighting and power circuits, to the following: electronic equipment, sound public address systems, other than equipment and systems for a single-family or two-family dwelling; master or community radio and television receiving antenna system; sound recording systems other than systems for a single-family or a two-family dwelling; burglar and fire alarm systems; low voltage remote control, other than control for a single-family or two-family dwelling; and low voltage communication signal systems. See Hawaii Revised Statutes 448E-1
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testate: To die leaving a will.
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Through highway: means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic-control device, when such signs or devices are erected as provided by law. See Hawaii Revised Statutes 291C-1
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. See Hawaii Revised Statutes 291C-1
• Trustee: A person or institution holding and administering property in trust.
• Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds and bicycles, but excluding toy bicycles, devices other than bicycles moved by human power, and devices used exclusively upon stationary rails or tracks. See Hawaii Revised Statutes 291C-1
• Venue: The geographical location in which a case is tried.