Terms Used In Hawaii Revised Statutes Chapter 183C - Conservation District

• 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.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Articles of incorporation: include amended and restated articles of incorporation and articles of merger. See Hawaii Revised Statutes 414-3
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 183C-2
• Board: means Hawaii medical board. See Hawaii Revised Statutes 463E-1
• Board: means the board of private detectives and guards described in section 463-2. See Hawaii Revised Statutes 463-1
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 183C-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compulsion: means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss. See Hawaii Revised Statutes 321-511
• Conservation district: means those lands within the various counties of the State bounded by the conservation district line, as established under provisions of Act 187, Session Laws of Hawaii 1961, and Act 205, Session Laws of Hawaii 1963, or future amendments thereto. See Hawaii Revised Statutes 183C-2
• Consumer: means a health care facility, health care professional, or health care provider, as defined in § 432E-1, or any individual who is prescribed durable medical equipment as the result of medical necessity. See Hawaii Revised Statutes 321-542
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Covered entity: means a person or organization receiving state financial assistance, including grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to the person or organization for the purpose of rendering services to the public. See Hawaii Revised Statutes 321C-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deliver: includes mail. See Hawaii Revised Statutes 414-3
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 183C-2
• Department: means the department of health unless otherwise specified in this part. See Hawaii Revised Statutes 321-511
• Department: means department of commerce and consumer affairs. See Hawaii Revised Statutes 463E-1
• Department: means the department of health. See Hawaii Revised Statutes 321-542
• Department: means the department of health. See Hawaii Revised Statutes 321-531
• Department director: means the director of commerce and consumer affairs, unless the context otherwise requires. See Hawaii Revised Statutes 414-3
• Dependent: A person dependent for support upon another.
• 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
• Durable medical equipment: means equipment that is considered a selected product under the Centers for Medicare and Medicaid Services durable medical equipment, prosthetics, orthotics, and supplies competitive bidding program that can stand repeated use; is primarily and customarily used to serve a medical purpose; is generally not useful to a person in the absence of an illness or injury; is appropriate for use in the home; does not contain any prescription drug; and is not considered to be a specialty item, equipment, or service. See Hawaii Revised Statutes 321-542
• Durable medical equipment supplier: means a person who sells, dispenses, delivers, or services durable medical equipment. See Hawaii Revised Statutes 321-542
• Emergency contraception: means one or more prescription drugs used separately or in combination that are:

  (1) Used postcoitally within a recommended amount of time;

  (2) Used for the purposes of preventing pregnancy; and

  (3) Approved by the United States Food and Drug Administration. See Hawaii Revised Statutes 321-511

• 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
• 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.
• Executive director: means the executive director of the office of language access. See Hawaii Revised Statutes 321C-2
• Firm: means a sole proprietor, corporation, joint venture, limited liability partnership, limited liability corporation, partnership, association, or any other legal business entity. See Hawaii Revised Statutes 463-1
• Foreign corporation: means a corporation for profit incorporated under a law other than the law of this State. See Hawaii Revised Statutes 414-3
• Fraud: Intentional deception resulting in injury to another.
• Guard: means a registered uniformed or nonuniformed person responsible for the safekeeping of a client's properties and persons within contractually prescribed boundaries, and for observation and reporting relative to such safekeeping. See Hawaii Revised Statutes 463-1
• Guard agency: means a licensed firm engaged in the guard business. See Hawaii Revised Statutes 463-1
• Hospital: means any institution with an organized medical staff, regulated under sections 321-11(10) and 321-14. See Hawaii Revised Statutes 321-511
• Individual: means a natural person. See Hawaii Revised Statutes 414-3
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Kuleana: means those lands granted to native tenants pursuant to L. See Hawaii Revised Statutes 183C-2
• Land: means all real property, fast or submerged, and all interests therein, including fauna, flora, minerals, and all such natural resources, unless otherwise expressly provided. See Hawaii Revised Statutes 183C-2
• Land use: means :

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

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

  (3) The subdivision of land; or

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

• Landowner: means an owner of land or any estate or interest in that land. See Hawaii Revised Statutes 183C-2
• Language: means human speech or the expression of ideas by written characters and includes systems used by nations, people, or other distinct communities. See Hawaii Revised Statutes 321C-2
• 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.
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• participate: means to be informed of, participate in, and benefit from the services, programs, and activities offered by the State and covered entities. See Hawaii Revised Statutes 321C-2
• Partnership: 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Podiatric medicine: means the medical, surgical, mechanical, manipulative, and electrical diagnosis and treatment of the human foot, malleoli, and ankle, including the surgical treatment of the muscles and tendons of the leg governing the functions of the foot, but does not include amputation above the ankle, treatment of systemic conditions, or the use of any anesthetic except local anesthetic. See Hawaii Revised Statutes 463E-1
• Podiatrist: means a person in the professional practice of podiatric medicine. See Hawaii Revised Statutes 463E-1
• Principal detective: means a licensed detective designated as the detective agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. See Hawaii Revised Statutes 463-1
• Principal guard: means a licensed guard designated as the guard agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. See Hawaii Revised Statutes 463-1
• 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.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secretary: means the corporate officer to whom the board of directors has delegated responsibility under section 414-231(c) for preparation and custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation. See Hawaii Revised Statutes 414-3
• 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.
• Sexual assault: means vaginal penetration without the person's consent, by compulsion or strong compulsion. See Hawaii Revised Statutes 321-511
• Sexual assault victim: means a person who alleges or is alleged to have been sexually assaulted and as a result of the sexual assault presents as a patient at a hospital. See Hawaii Revised Statutes 321-511
• state agency: means the executive, legislative, or judicial branches of state government, including departments, offices, commissions, boards, or other agencies within the executive, legislative, or judicial branches. See Hawaii Revised Statutes 321C-2
• Stroke coalition: means a multi-organizational process of public, private, and nonprofit organizations working together for a common purpose to improve stroke outcomes throughout the State. See Hawaii Revised Statutes 321-531
• Stroke database: means a stroke coalition-approved, existing, nationally recognized and validated data platform available to the department and all participating hospitals statewide and that has features to maintain confidentiality standards and data security. See Hawaii Revised Statutes 321-531
• Strong compulsion: means the use of or attempt to use one or more of the following to overcome a person:

  (1) A threat, express or implied, that places a person in fear of bodily injury to the person or another person, or in fear that the person or another person will be kidnapped;

  (2) A dangerous instrument; or

  (3) Physical force. See Hawaii Revised Statutes 321-511

• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Hawaii Revised Statutes 414-3