Terms Used In Hawaii Revised Statutes > Chapter 201 - Department of Business, Economic Development, and Tourism

• 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 329-1
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Address: means , with respect to prescriptions, the physical location where an individual resides such as:
  (1) Street address, city, and state;
  (2) Tax map key number; or
  (3) The description of a physical location. See Hawaii Revised Statutes 329-1
• Adequate supply: means an amount of medical cannabis jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to ensure the uninterrupted availability of cannabis for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed: ten cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time. See Hawaii Revised Statutes 329-121
• Adjusted capitalized cost: means the gross capitalized cost, less the capitalized cost reduction, and is the amount used by the retail lessor in calculating the base periodic payment in the lease agreement. See Hawaii Revised Statutes 481L-1
• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
  (1) A practitioner (or, in the practitioner's presence or at the practitioner's direction, by a licensed or registered health care professional acting as the practitioner's authorized agent), or
  (2) The patient or research subject at the direction or in the presence of the practitioner. See Hawaii Revised Statutes 329-1
• Administrator: means the administrator of the narcotics enforcement division of the department of law enforcement. See Hawaii Revised Statutes 329-1
• Advanced practice registered nurse: means an advanced practice registered nurse with prescriptive authority as described in section 457-8. See Hawaii Revised Statutes 329-121
• Advanced practice registered nurse with prescriptive authority: means a person licensed under section 457-8. See Hawaii Revised Statutes 329-1
• 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.
• Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Hawaii Revised Statutes 431:3A-102
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Hawaii Revised Statutes 329-1
• 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.
• 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.
• 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.
• Assistive device: means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this State which is used to assist a person with a disability (as defined in 42 U. See Hawaii Revised Statutes 481K-1
• Assistive device dealer: means a person who is in the business of selling new assistive devices. See Hawaii Revised Statutes 481K-1
• Assistive device lessor: means a person who leases new assistive devices to consumers, or who holds the lessor's residual interest under a written lease, to new assistive devices leased to consumers. See Hawaii Revised Statutes 481K-1
• attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
• 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.
• Bar: means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars. See Hawaii Revised Statutes 328J-1
• Building: means any area enclosed or partially enclosed by a roof and at least three walls. See Hawaii Revised Statutes 328J-1
• Business: means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold, professional corporations, and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. See Hawaii Revised Statutes 328J-1
• Business day: means any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business. See Hawaii Revised Statutes 481I-2
• Capitalized cost reduction: means the total amount of any rebate, cash payment, net trade-in allowance, check, credit card debit, and noncash credit or downpayment that reduces the gross capitalized cost, but does not include any periodic lease payments due at the inception of the lease or all of the periodic lease payments if they are paid at the inception of the lease. See Hawaii Revised Statutes 481L-1
• Caregiver of a qualifying out-of-state patient: means a parent, guardian, or person having legal custody of a qualifying out-of-state patient who is under the age of eighteen years. See Hawaii Revised Statutes 329-121
• Cash price: means the price at which retail sellers are selling and retail buyers are buying the same or similar property for cash in the same trade area in which the lessor's place of business is located. See Hawaii Revised Statutes 481M-1
• Central repository: means a central repository established under § 329-102. See Hawaii Revised Statutes 329-1
• Chambers: A judge's office.
• Check: means any check, draft, money order, or other instrument for the transmission or payment of money. See Hawaii Revised Statutes 480F-1
• Check casher: means a person or entity that engages in the business of cashing checks for a fee. See Hawaii Revised Statutes 480F-1
• Circumstantial evidence: All evidence except eyewitness testimony.
• Clear and conspicuous: means that written disclosures shall be made in a manner that is readable and understandable to the retail lessee and oral disclosures shall be made in a manner that is audible and understandable to the retail lessee. See Hawaii Revised Statutes 481L-1
• Clear and conspicuous: means reasonably understandable and designed to call attention to the nature and significance of the information in the notice. See Hawaii Revised Statutes 431:3A-102
• Collateral charges: means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle. See Hawaii Revised Statutes 481I-2
• Collateral charges: means those additional charges to a consumer [wholly] incurred as a result of the acquisition of the assistive device. See Hawaii Revised Statutes 481K-1
• Commissioner: means the insurance commissioner of the State. See Hawaii Revised Statutes 431:3A-102
• Commissioner: means the insurance commissioner of the State. See Hawaii Revised Statutes 431:3B-101
• 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 a corporation, limited liability company, business trust, general or limited partnership, association, sole proprietorship, mutual benefit society, health maintenance organization, nonprofit corporation, or similar organization. See Hawaii Revised Statutes 431:3A-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confirmatory test: means a drug or alcohol test that uses a method of analysis determined by the director of health to be reliable in establishing the identity and quantity of alcohol, drugs, or metabolites of drugs detected in an initial screening test. See Hawaii Revised Statutes 329B-2
• Consumer: means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of the express warranty applicable to the motor vehicle, and any other person entitled to enforce the obligations of the express warranty. See Hawaii Revised Statutes 481I-2
• Consumer: means the purchaser, other than for purposes of resale, of a used motor vehicle primarily used for personal, family, or household purposes and subject to a warranty, and the spouse or child of the purchaser if the motor vehicle is transferred to the spouse or child during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. See Hawaii Revised Statutes 481J-1
• Consumer: means any of the following:

  (1) The purchaser of an assistive device, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale;

  (2) A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device;

  (3) A person who may enforce any warranty applicable to the assistive device; or

  (4) A person who leases an assistive device from an assistive device lessor under a written lease. See Hawaii Revised Statutes 481K-1

• Consumer: means an individual, or that individual's legal representative, who seeks to obtain, obtains, or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family, or household purposes, and about whom the licensee has nonpublic personal information. See Hawaii Revised Statutes 431:3A-102
• Consumer: means an individual, including but not limited to applicants, policyholders, insureds, beneficiaries, claimants, and certificate holders, who is a resident of this State and whose nonpublic information is in a licensee's possession, custody, or control. See Hawaii Revised Statutes 431:3B-101
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Control: means :

  (1) Ownership, control, or power to vote twenty-five per cent or more of the outstanding shares of any class of voting security of the company, directly or indirectly, or acting through one or more other persons;

  (2) Control in any manner over the election of a majority of the directors, trustees, or general partners or individuals exercising similar functions of the company; or

  (3) The power to exercise, directly or indirectly, a controlling influence over the management or policies of the company, as the commissioner determines. See Hawaii Revised Statutes 431:3A-102

• Controlled substance: means a substance as defined in section 329-1. See Hawaii Revised Statutes 329C-1
• Controlled substance: means a drug, substance, or immediate precursor in schedules I through V of part II. See Hawaii Revised Statutes 329-1
• Conviction: A judgement of guilt against a criminal defendant.
• Creative industries: means those sectors that comprise Hawaii's creative economy, including media, arts, culture, music, design, fashion, publishing, animation, interactive, and emerging media. See Hawaii Revised Statutes 201-111
• Cybersecurity event: means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on that information system. See Hawaii Revised Statutes 431:3B-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person, corporation, partnership, association, association of dealers, or other form of business enterprise engaged in the business of selling products. See Hawaii Revised Statutes 481G-1
• Dealership: means any agreement, written or verbal, between a distributor and a dealer under which the dealer is granted the right, for a definite or indefinite period of time, to sell products on behalf of a distributor to consumers and other end-users. See Hawaii Revised Statutes 481G-1
• Debilitating medical condition: means :

  (1) Cancer, glaucoma, lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;

  (2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

  (A) Cachexia or wasting syndrome;

  (B) Severe pain;

  (C) Severe nausea;

  (D) Seizures, including those characteristic of epilepsy;

  (E) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; or

  (F) Post-traumatic stress disorder; or

  (3) Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or advanced practice registered nurse or potentially qualifying patient. See Hawaii Revised Statutes 329-121

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• delivery: means the actual, constructive, or attempted transfer or sale from one person to another of a controlled substance or drug paraphernalia, whether or not there is an agency relationship. See Hawaii Revised Statutes 329-1
• Demonstrator: means an assistive device used primarily for the purpose of demonstration to the public. See Hawaii Revised Statutes 481K-1
• Department: means the department of health. See Hawaii Revised Statutes 328G-1
• Department: means the department of health. See Hawaii Revised Statutes 328J-1
• Department: means the department of health. See Hawaii Revised Statutes 328L-1
• Department: means the department of health. See Hawaii Revised Statutes 329B-2
• Department: means the department of health. See Hawaii Revised Statutes 329D-1
• Department: means the department of law enforcement. See Hawaii Revised Statutes 329-1
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-1
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-61
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-101.5
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-111
• Department: means the department of education. See Hawaii Revised Statutes 302A-101
• Dependent: A person dependent for support upon another.
• Designated member of the health care team: includes physician assistants, advanced practice registered nurses, and covering physicians who are authorized under state law to prescribe drugs. See Hawaii Revised Statutes 329-1
• Designated state agency: means the narcotics enforcement division, department of law enforcement. See Hawaii Revised Statutes 329-1
• Detoxification treatment: means the dispensing, for a specific period of time, of a narcotic drug or narcotic drugs in decreasing doses to an individual to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within a specified period of time. See Hawaii Revised Statutes 329-1
• Director: means the director of health. See Hawaii Revised Statutes 328J-1
• Director: means the director of health. See Hawaii Revised Statutes 328L-1
• Director: means the director of health. See Hawaii Revised Statutes 329B-2
• Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 201-101.5
• 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:
• dispensary: means a person licensed by the State pursuant to this chapter to own, operate, or subcontract no more than three production centers and up to two retail dispensing locations. See Hawaii Revised Statutes 329D-1
• Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the administering of a practitioner's controlled substances, and packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Hawaii Revised Statutes 329-1
• Dispenser: means a practitioner who dispenses. See Hawaii Revised Statutes 329-1
• dispensing: means the act of a licensed dispensary providing cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for a fee. See Hawaii Revised Statutes 329D-1
• Distribute: means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance. See Hawaii Revised Statutes 329C-1
• Distribute: means to deliver other than by administering or dispensing a controlled substance. See Hawaii Revised Statutes 329-1
• Distributor: means any person, corporation, partnership, or other form of business enterprise engaged in the sale, consignment, exchange, or any other form of transfer of a product which it manufactures, assembles, constructs, creates, or obtains in any manner from a manufacturer. See Hawaii Revised Statutes 481G-1
• Distributor: means a person who distributes. See Hawaii Revised Statutes 329-1
• Domestic insurer: includes an insurer, a benefit society or a health maintenance organization. See Hawaii Revised Statutes 431:3-401
• Donor: The person who makes a gift.
• Drug: means a controlled substance as defined in chapter 329. See Hawaii Revised Statutes 329B-2
• Drug: means :
  (1) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
  (2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
  (3) Substances (other than food) intended to affect the structure or any function of the body of man or animals; and
  (4) Substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. See Hawaii Revised Statutes 329-1
• Drug paraphernalia: means all equipment, products, and materials of any kind that are used, primarily intended for use, or primarily designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. See Hawaii Revised Statutes 329-1
• Early termination savings: means an expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer. See Hawaii Revised Statutes 481K-1
• Electronic prescription: means a prescription that is generated on an electronic prescription application and transmitted as an electronic data file that complies with all applicable requirements of Title Title 21 of the Code of Federal Regulations, Part 1311 and any additional rules adopted by the department

  "Electronic prescription application" means electronic prescription software either as a stand-alone application or as a module in an electronic health record application. See Hawaii Revised Statutes 329-1

• Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately. See Hawaii Revised Statutes 328J-1
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers the person's services for a nonprofit entity. See Hawaii Revised Statutes 328J-1
• Employer: means a person, business, partnership, association, corporation, including the State or any of its political subdivisions, a trust, or nonprofit entity that employs the services of one or more individual persons, but shall not include the United States. See Hawaii Revised Statutes 328J-1
• Enclosed indoor facility: means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from any exterior view and elements of weather; provided that the roof of an enclosed indoor facility utilized as a production center pursuant to a medical cannabis dispensary license application or license renewal application submitted after January 29, 2016, may be partially or completely transparent or translucent. See Hawaii Revised Statutes 329D-1
• Enclosed or partially enclosed: means closed in by a roof or overhang and at least two walls. See Hawaii Revised Statutes 328J-1
• Ephedrine: includes any synthetic compound, salt, derivative, mixture, or preparation extracted from the plant (genus) Ephedra that contains the substance ephedrine. See Hawaii Revised Statutes 329-1
• 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}
• Equity security: means any stock or similar security; any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; any such warrant or right; or any security that the commissioner, by rules and regulations as the commissioner may prescribe in the public interest or for the protection of investors, designates as an equity security. See Hawaii Revised Statutes 431:4-101
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Express warranty: means any written warranty issued by the manufacturer, or any affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer, in connection with the sale or lease of a motor vehicle to a consumer, which relates to the nature of the material or workmanship and affirms or promises that the motor vehicle shall conform to the affirmation, promise, or description or that the material or workmanship is free of defects or will meet a specified level of performance. See Hawaii Revised Statutes 481I-2
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fee: includes any payment of cash or other consideration paid or given by a customer to a check casher in exchange for the cashing of a check, including an exchange of value for the purchase of catalog items, which is in excess of regular retail value, or for coupons, which may be redeemed for goods or services. See Hawaii Revised Statutes 480F-1
• Fiduciary: A trustee, executor, or administrator.
• Financial product or service: includes a financial institution's evaluation or brokerage of information that the financial institution collects in connection with a request or an application from a consumer for a financial product or service. See Hawaii Revised Statutes 431:3A-102
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Hawaii film and creative industries development special fund. See Hawaii Revised Statutes 201-111
• Government: means the State, or any of its political subdivisions, agencies, and instrumentalities, corporate or otherwise. See Hawaii Revised Statutes 201-1
• Gross capitalized cost: means the amount agreed upon by the retail lessor and the retail lessee as the value of the motor vehicle and any items that are capitalized or amortized during the lease term, including but not limited to taxes, insurance, service agreements, registration fees, license fees, lease acquisition and administration fees, warranty charges, fees and charges for accessories and for installing accessories, charges for delivery, service and repair, charges for improving the motor vehicle and providing other services incidental to the agreement, the outstanding balance of a prior loan agreement, lease or motor vehicle retail installment contract, and the unpaid portion of the early termination obligation under an outstanding lease agreement. See Hawaii Revised Statutes 481L-1
• 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.
• Health care facility: means an office or institution, including all waiting rooms, hallways, private rooms, semiprivate rooms, and wards, which provides care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. See Hawaii Revised Statutes 328J-1
• Health information: means any information or data except age or gender, whether oral or recorded in any form or medium, created by or derived from a health care provider or the consumer that relates to:

  (1) The past, present, or future physical, mental, or behavioral health or condition of an individual;

  (2) The provision of health care to an individual; or

  (3) Payment for the provision of health care to an individual. See Hawaii Revised Statutes 431:3A-102

• Hemp: means Cannabis sativa L. See Hawaii Revised Statutes 328G-1
• Hemp: means all parts of the plant cannabis sativa L. See Hawaii Revised Statutes 329-1
• Identification number: means , with respect to a patient:
  (1) The patient's unique valid driver's license number or state identification card number, followed by the abbreviation of the state issuing the driver's license or state identification card, or the patient's military identification number;
  (2) If the patient is a foreign patient, the patient's passport number;
  (3) If the patient does not have a valid driver's license, state identification card, or military identification, the patient's social security number;
  (4) If the patient is less than eighteen years of age and has none of the identification referred to in paragraph (1), (2), or (3), the unique number on the valid driver's license, state identification card, military identification, or passport of the patient's parent or guardian; or
  (5) If the controlled substance is obtained for an animal, the unique number of the animal's owner as described in paragraph (1), (2), or (3). See Hawaii Revised Statutes 329-1
• Imitation controlled substance: means a substance that is not a controlled substance, which by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. See Hawaii Revised Statutes 329C-1
• Immediate precursor: means a substance which the department of law enforcement has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. See Hawaii Revised Statutes 329-1
• Incidental charges: means those reasonable costs incurred by the consumer, including, but not limited to, towing charges and the costs of obtaining alternative transportation which are directly caused by the nonconformity or nonconformities which are the subject of the claim, but shall not include loss of use, loss of income, or personal injury claims. See Hawaii Revised Statutes 481I-2
• Incidental charges: means those reasonable costs incurred by the consumer, including but not limited to the costs of repair, the costs of return, and the costs of obtaining alternative assistance or alternative assistive devices, which are directly caused by the nonconformity or nonconformities which are the subject of the complaint, but shall not include loss of use, loss of income, or personal injury claims. See Hawaii Revised Statutes 481K-1
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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 agreement: means a written agreement for the transfer from a retail lessor to a retail lessee of the right to possess and use a motor vehicle in exchange for consideration for a scheduled term exceeding four months, whether or not the retail lessee has the option to purchase or otherwise become the owner of the motor vehicle upon expiration of the agreement. See Hawaii Revised Statutes 481L-1
• Lease transaction: means a presentation made to the retail lessee concerning the motor vehicle, including a sales presentation or a document presented to the retail lessee, resulting in the execution of a lease agreement. See Hawaii Revised Statutes 481L-1
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Lemon law rights period: means the term of the manufacturer's express warranty, the period ending two years after the date of the original delivery of a motor vehicle to a consumer, or the first 24,000 miles of operation, whichever occurs first. See Hawaii Revised Statutes 481I-2
• Lessee: means any consumer who leases a motor vehicle:

  (1) For one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle; or

  (2) Pursuant to a lease-purchase agreement. See Hawaii Revised Statutes 481I-2

• Lessee: means a natural person who rents personal property under a lease-purchase agreement. See Hawaii Revised Statutes 481M-1
• Lessor: means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement. See Hawaii Revised Statutes 481M-1
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manufacture: means the production, preparation, or repackaging, labeling, or relabeling, of an imitation controlled substance. See Hawaii Revised Statutes 329C-1
• Manufacture: means the preparation, propagation, compounding, conversion, or processing of a substance containing cannabis or its principal psychoactive constituent tetrahydrocannabinol, either directly or indirectly, by a person other than a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for the qualifying patient's or qualifying out of state patient's use, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. See Hawaii Revised Statutes 329D-1
• Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance:
  (1) By a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice, or
  (2) By a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. See Hawaii Revised Statutes 329-1
• Manufactured hemp product: means a product created by processing, as defined in this chapter, that:
  (1) Is either:

  (A) Intended to be consumed orally to supplement the human or animal diet in tablet, capsule, powder, softgel, gelcap, or liquid form (e. See Hawaii Revised Statutes 328G-1
• Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, a factory branch, distributor branch, and a warrantor of the manufacturer's assistive device, but does not include an assistive device dealer. See Hawaii Revised Statutes 481K-1
• Marijuana: means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. See Hawaii Revised Statutes 329-1
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Media: means film, motion pictures, television, interactive, over-the-top television productions, virtual reality, augmented reality and other forms of emerging media, multi-player videogame publishing, and other digitally-developed content for theatrical or digital distribution via streaming, mobile, and broadcast media. See Hawaii Revised Statutes 201-111
• Medical review officer: means an individual who has knowledge of substance abuse disorders and toxicology as determined by the department, and is appointed by the third party to receive, review, and interpret the results of laboratory tests requested by the third party. See Hawaii Revised Statutes 329B-2
• Medical use: means the acquisition, possession, cultivation, use, distribution, or transportation of cannabis or paraphernalia relating to the administration of cannabis to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition; provided that "medical use" does not include the cultivation or distribution of cannabis or paraphernalia by a qualifying out-of-state patient or the caregiver of a qualifying out-of-state patient. See Hawaii Revised Statutes 329-121
• 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.
• Motor vehicle: means a motor vehicle as defined in § 286-2. See Hawaii Revised Statutes 481L-1
• Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
  (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. See Hawaii Revised Statutes 329-1
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Nonaffiliated third party: means any person except:

  (1) A licensee's affiliate; or

  (2) A person employed jointly by a licensee and any company that is not the licensee's affiliate; provided that for purposes of this paragraph, a nonaffiliated third party includes the other company that jointly employs the person. See Hawaii Revised Statutes 431:3A-102

• Nonconformity: means a defect, malfunction, or condition that fails to conform to the motor vehicle's applicable express warranty and that substantially impairs the use, market value, or safety of a motor vehicle, but does not include a defect, malfunction, or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer, its agent, distributor, or authorized dealer. See Hawaii Revised Statutes 481I-2
• Nonconformity: means a defect, malfunction, or condition that fails to conform to any warranty applicable to an assistive device, but does not include a defect, malfunction, or condition that results from accident, abuse, neglect, modification, or alteration of the assistive device by persons other than the manufacturer, its agent, distributor, or authorized assistive device dealer, or assistive device lessor. See Hawaii Revised Statutes 481K-1
• Open to the public: means enclosed or partially enclosed areas to which the public is invited or permitted and areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities, including but not limited to bars, educational facilities, financial institutions, health care facilities, hotel and motel lobbies, lanais, laundromats, public transportation facilities, including airport areas from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms, but does not include a private residence unless it is used as a child care, adult day care, or health care facility. See Hawaii Revised Statutes 328J-1
• Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Hawaii Revised Statutes 329-1
• Opium poppy: means the plant of the species Papaver somniferum, except its seeds. See Hawaii Revised Statutes 329-1
• Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
• Oversight: Committee review of the activities of a Federal agency or program.
• Permit: means any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program which is related to the protection, conservation, use of, or interference with the natural resources of land, air, or water in the State, and which is required prior to constructing or operating a project. See Hawaii Revised Statutes 201-61
• Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 329D-1
• Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Hawaii Revised Statutes 329-1
• Pharmacist: means a person who is licensed or holds a permit under chapter 461 to practice pharmacy, including a pharmacy intern who is under the immediate and direct supervision of a licensed pharmacist. See Hawaii Revised Statutes 329-1
• Physician: means a person who is licensed to practice under chapter 453 and is licensed with authority to prescribe drugs and is registered under § 329-32. See Hawaii Revised Statutes 329-121
• Physician assistant: means a person licensed under section 453-5. See Hawaii Revised Statutes 329-1
• Physician-patient relationship: means the collaborative relationship between physicians and their patients. See Hawaii Revised Statutes 329-1
• Place of employment: means an area under the control of a public or private employer that employees normally frequent during the course of employment, including but not limited to auditoriums, cafeterias, classrooms, clubs, common work areas, conference rooms, elevators, employee lounges, hallways, medical facilities, meeting rooms, private offices, restrooms, and stairs. See Hawaii Revised Statutes 328J-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Hawaii Revised Statutes 329-1
• Positive test result: means a finding through confirmatory testing of the presence of drugs, alcohol, or the metabolites of drugs in the sample tested in the levels at or above the cutoff levels established by the director. See Hawaii Revised Statutes 329B-2
• Practitioner: means :
  (1) A physician, dentist, veterinarian, scientific investigator, or other person licensed and registered under § 329-32 to distribute, dispense, or conduct research with respect to a controlled substance in the course of professional practice or research in this State;
  (2) An advanced practice registered nurse with prescriptive authority licensed and registered under § 329-32 to prescribe and administer controlled substances in the course of professional practice in this State; and
  (3) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. See Hawaii Revised Statutes 329-1
• Prescribe: means to direct, designate, or order the use of a formula for the preparation of a medicine for a disease or illness and the manner of using them. See Hawaii Revised Statutes 329-1
• Prescriber: means one who is authorized to issue a prescription. See Hawaii Revised Statutes 329-1
• Prescription: means an order for medication, which is dispensed to or for an ultimate user. See Hawaii Revised Statutes 329-1
• Primary caregiver: means a person eighteen years of age or older, other than the qualifying patient and the qualifying patient's physician or advanced practice registered nurse, who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis. See Hawaii Revised Statutes 329-121
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Processing: means :
  (1) Making a transformative change to hemp biomass following harvest by converting it into a crude extract or manufactured hemp product; or
  (2) Compounding, blending, extracting, infusing, or otherwise producing a manufactured hemp product by:

  (A) Completing the manufacturing process of transforming crude extract into a manufactured hemp product; or

  (B) Using a manufactured hemp product as an ingredient in the production of another manufactured hemp product. See Hawaii Revised Statutes 328G-1
• Production: includes the manufacture of medical cannabis products pursuant to this chapter. See Hawaii Revised Statutes 329D-1
• production center: means a farm or series of structures located within the same secured perimeter fence-line wholly owned, operated, or subcontracted by a person licensed by the State pursuant to this chapter as a medical cannabis dispensary that produces cannabis and manufactured cannabis products to supply cannabis and manufactured cannabis products to one or more of the retail dispensing locations of any licensed medical cannabis dispensary. See Hawaii Revised Statutes 329D-1
• Products: includes , but is not limited to: typewriters, copiers, electronic cash registers, dictating equipment, calculators, offset printers, letter openers, computers, or word processing equipment, but does not include such items as pencils, erasers, stationery, paper clips, or other such miscellaneous material normally used in an office. See Hawaii Revised Statutes 481G-1
• Project: means any land or water use activity or any construction or operation which requires permits from one or more state agencies or permits from a state agency and a county or federal agency. See Hawaii Revised Statutes 201-61
• 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.
• Purchase price: means the cash price appearing in the sales agreement or contract and paid for the motor vehicle, including any net allowance for a trade-in vehicle. See Hawaii Revised Statutes 481I-2
• Qualifying patient: means a person who has been diagnosed by a physician or advanced practice registered nurse as having a debilitating medical condition. See Hawaii Revised Statutes 329-121
• 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.
• Replacement motor vehicle: means a motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of original acquisition, including any service contract, undercoating, rustproofing, and factory-installed or dealer-installed options. See Hawaii Revised Statutes 481I-2
• restaurant: includes a bar area within the restaurant and outdoor areas of restaurants. See Hawaii Revised Statutes 328J-1
• Retail dispensing location: means an establishment owned, operated, or subcontracted by a medical cannabis dispensary where cannabis and manufactured cannabis are made available for retail sale to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. See Hawaii Revised Statutes 329D-1
• Retail lessee: means an individual who executes a lease agreement for a motor vehicle from a retail lessor primarily for personal, family, or household purposes. See Hawaii Revised Statutes 481L-1
• Retail lessor: means a person who regularly engages in the business of selling or leasing motor vehicles and who offers or arranges a lease agreement for a motor vehicle. See Hawaii Revised Statutes 481L-1
• Risk assessment: means the risk assessment that each licensee is required to conduct under section 431:3B-202. See Hawaii Revised Statutes 431:3B-101
• 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.
• Smoking: includes the use of an electronic smoking device. See Hawaii Revised Statutes 328J-1
• State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Hawaii Revised Statutes 329-1
• State: means the State of Hawaii. See Hawaii Revised Statutes 431:3B-101
• Subpoena: A command to a witness to appear and give testimony.
• Substance abuse on-site screening test: means a portable substance abuse test that meets the requirements of the United States Food and Drug Administration for commercial distributionor is manufactured by a facility that is minimally certified as meeting the ISO 13485 standard established by the International Organization for Standardization and which may be used by an employer in the workplace. See Hawaii Revised Statutes 329B-2
• Substance abuse test: means any testing procedure designed to take and analyze body fluids or materials from the body for the purpose of measuring the amount of drugs, alcohol, or the metabolites of drugs in the sample tested. See Hawaii Revised Statutes 329B-2
• Substantially impairs: means to render the motor vehicle unfit, unreliable, or unsafe for warranted or normal use, or to significantly diminish the value of the motor vehicle. See Hawaii Revised Statutes 481I-2
• Summons: Another word for subpoena used by the criminal justice system.
• System: means an electronic prescription accountability system as described in part VIII. See Hawaii Revised Statutes 329-1
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party: means any person, agency, employer or any other entity who requests substance abuse testing of another person or persons. See Hawaii Revised Statutes 329B-2
• Third-party service provider: means a person, not otherwise defined as a licensee, that contracts with a licensee to maintain, process, store, or otherwise is permitted access to nonpublic information through its provision of services to the licensee. See Hawaii Revised Statutes 431:3B-101
• Tobacco prevention and control: means activities or programs that attempt to reduce tobacco consumption. See Hawaii Revised Statutes 328L-1
• Tobacco product: means any product made or derived from tobacco, that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. See Hawaii Revised Statutes 328J-1
• Tobacco settlement moneys: refers to moneys received by the State pursuant to the tobacco master settlement agreement. See Hawaii Revised Statutes 328L-1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Ultimate user: means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Hawaii Revised Statutes 329-1
• Usable cannabis: means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for the medical use of cannabis. See Hawaii Revised Statutes 329-121
• Used motor vehicle: means a motor vehicle as that term is defined in § 481I-2, which has been purchased or transferred either after one year from the date of original delivery, or after twelve thousand miles of operation, whichever occurs first. See Hawaii Revised Statutes 481J-1
• Verdict: The decision of a petit jury or a judge.
• Waiting room: means a designated area at the public entrance of a retail dispensing location that may be accessed by a member of the general public who is waiting for, assisting, or accompanying a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient who enters or remains on the premises of a retail dispensing location for the purpose of a transaction conducted pursuant to sections 329D-6 and 329D-13; provided that the storage, display, and retail sale of cannabis and manufactured cannabis products shall be prohibited within the waiting room area. See Hawaii Revised Statutes 329D-1
• Warranty: means any undertaking in connection with the sale by a dealer of a used motor vehicle to refund, repair, replace, maintain, or take other action with respect to that used motor vehicle and provided at no extra charge beyond the price of the used motor vehicle. See Hawaii Revised Statutes 481J-1
• Water treatment unit: means a product, device, or system designed for personal, family, or household use and for which a claim or claims are made stating that it will improve the quality of water by reducing one or more contaminants through mechanical, physical, chemical, or biological processes or combinations thereof. See Hawaii Revised Statutes 481H-2
• Worksheet: means the primary document or documents used by the retail lessor to derive the monthly lease payment for a specific lease transaction. See Hawaii Revised Statutes 481L-1
• Written certification: means the qualifying patient's medical records or a statement signed by a qualifying patient's physician or advanced practice registered nurse, stating that in the physician's or advanced practice registered nurse's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of cannabis would likely outweigh the health risks for the qualifying patient. See Hawaii Revised Statutes 329-121