Terms Used In Hawaii Revised Statutes > Chapter 206E - Hawaii Community Development Authority

• Abatement: means any measure or set of measures designed to permanently eliminate asbestos or lead-based paint hazards, including but not limited to removal, enclosure, encapsulation, or disposal. See Hawaii Revised Statutes 342P-1
• Abused or neglected: means subjected to "harm" "imminent harm" or "threatened harm" as defined in section [587A-4]. See Hawaii Revised Statutes 346-1
• Acceptance: means a formal determination that the document required to be filed pursuant to § 343-5 fulfills the definition of an environmental impact statement, adequately describes identifiable environmental impacts, and satisfactorily responds to comments received during the review of the statement. See Hawaii Revised Statutes 343-2
• Acquisition agent: means any person, other than a developer or sales agent, who, for compensation, solicits or encourages others to attend a time share sales presentation or to contact a time share sales agent or developer; provided that this term shall not include individuals who perform the stated activities and are employed by or in contract with:

  (1) A real estate broker who is licensed under chapter 467; or

  (2) An acquisition agent registered pursuant to section 514E-10. See Hawaii Revised Statutes 514E-1

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Act: means the Clean Water Act (formally referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972), P. See Hawaii Revised Statutes 342D-1
• Action: means any program or project to be initiated by any agency or applicant. See Hawaii Revised Statutes 343-2
• Activities of daily living: means at least bathing, continence, dressing, eating, toileting, and transferring. See Hawaii Revised Statutes 346C-1
• Activity or use limitations: means restrictions or obligations created under this chapter with respect to real property. See Hawaii Revised Statutes 508C-2
• Adoption assistance: means the provision of one or more of the following to enable the adoption of children with special needs:

  (1) Monetary assistance;

  (2) Medical benefits; or

  (3) Social services. See Hawaii Revised Statutes 346-1

• Adult: means an individual who has attained the age of twenty-one years. See Hawaii Revised Statutes 553A-1
• Adult: means an individual who has attained the age of eighteen years. See Hawaii Revised Statutes 554B-1
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Age: means over the age of majority or emancipated minors. See Hawaii Revised Statutes 515-2
• Agency: means any department, office, board, or commission of the state or county government which is a part of the executive branch of that government. See Hawaii Revised Statutes 343-2
• Agency: means the department of health or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Hawaii Revised Statutes 508C-2
• Alien: means any person not a citizen or national of the United States but who is allowed, under federal law, to reside in the United States. See Hawaii Revised Statutes 346-142
• Allegation: something that someone says happened.
• 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.
• Any state: means any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. See Hawaii Revised Statutes 342J-2
• 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.
• Applicant: means any person who, pursuant to statute, ordinance, or rule, officially requests approval for a proposed action. See Hawaii Revised Statutes 343-2
• Applicant: means the person for whose use and benefit application for services or public assistance is made. See Hawaii Revised Statutes 346-1
• Appraisal: A determination of property value.
• 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
• Approval: means a discretionary consent required from an agency prior to actual implementation of an action. See Hawaii Revised Statutes 343-2
• Approved continuing education course: means a course approved by the commissioner following receipt of recommendations from insurance professionals. See Hawaii Revised Statutes 431:8-102
• Approved continuing education course: means a course approved by the commissioner following receipt of recommendations from insurance professionals. See Hawaii Revised Statutes 431:9A-102
• Approved course provider: means an individual or entity that is approved to offer continuing education courses pursuant to article 9A. See Hawaii Revised Statutes 431:8-102
• Approved course provider: means an organization or person that has been approved by the commissioner. See Hawaii Revised Statutes 431:9A-102
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Asbestos: means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite. See Hawaii Revised Statutes 342P-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means the time share owners association. See Hawaii Revised Statutes 514E-1
• Assumed name: means any fictitious, alias, maiden, or trade name used in the past

  ""Business entity" means an association, corporation, limited liability company, limited liability partnership, partnership, or other legal entity. See Hawaii Revised Statutes 431:9A-102

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Auditor: means the office of the auditor. See Hawaii Revised Statutes 342G-101
• Authority: means the Hawaii community development authority established by section 206E-3. See Hawaii Revised Statutes 206E-2
• Authority: means the Hawaii community development authority. See Hawaii Revised Statutes 206E-101
• Authorized tire collection facility: means any facility permitted by the department under chapter 342H as a tire collection facility which may collect and temporarily hold tires before transporting them to an authorized tire recycler. See Hawaii Revised Statutes 342I-21
• Authorized tire recycler: means any processor, shredder, or manufacturer permitted by the department under chapter 342H as a tire recycling facility. See Hawaii Revised Statutes 342I-21
• Available recycled water service: means the existence of an operable recycled water distribution main within one hundred feet of the property line. See Hawaii Revised Statutes 342D-1
• Backyard composting: means the small-scale composting of organic materials, primarily yard wastes, at the site where these materials are generated. See Hawaii Revised Statutes 342G-1
• 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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means a person that receives property under a transfer on death deed. See Hawaii Revised Statutes 527-2
• Beneficiary: means an individual for whom property has been delivered to a custodial trustee for the individual's use and benefit under this chapter. See Hawaii Revised Statutes 554B-1
• Beneficiary form: means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. See Hawaii Revised Statutes 539-1
• Bioconversion: means the processing of the organic fraction of the waste stream through biological or chemical means to perform composting or generate products including, but not limited to, fertilizers, feeds, methane, alcohols, tars, and other products. See Hawaii Revised Statutes 342G-1
• Blanket lien: means any mortgage, deed of trust, option to purchase, master lease, vendor's lien or interest under a contract or agreement of sale, or any other lien or encumbrance that (i) affects more than one time share interest either directly or by reason of affecting an entire time share unit or the property upon which the time share unit to be used by the purchasers is located, and (ii) secures or evidences the obligation to pay money or to sell or convey the property and that authorizes, permits, or requires the foreclosure and sale or other defeasance of the property affected; provided that for the purpose of this chapter, the following shall not be considered blanket liens:

  (1) The lien of current real property taxes;

  (2) Taxes and assessments levied by public authority and that are not yet due and payable;

  (3) A lien for common expenses under chapter 514B or a lien on an individual time share unit for similar expenses in favor of a homeowners or community association;

  (4) An apartment lease or condominium conveyance document conveying or demising a single condominium unit or a lease of a single cooperative apartment; and

  (5) Any lien for costs or trustee's fees charged by a trustee holding title to time share units pursuant to a trust created under § 514E-19; provided that the costs or trustee's fees are not yet due and payable. See Hawaii Revised Statutes 514E-1

• Board: means the transit-oriented development infrastructure improvement district board. See Hawaii Revised Statutes 206E-242
• Board: means the wellness and resilience advisory board. See Hawaii Revised Statutes 346-431
• Board: means the board of education. See Hawaii Revised Statutes 302A-101
• Board of trustees: means the board of trustees charged with the general administration of this program under § 346C-3. See Hawaii Revised Statutes 346C-1
• Business: means a sole proprietorship, partnership, corporation, association, or other group, however organized, and whether or not organized to operate at a profit. See Hawaii Revised Statutes 487N-1
• Business: means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit. See Hawaii Revised Statutes 487R-1
• Business entity: means an association, corporation, limited liability company, limited liability partnership, partnership, or other legal entity. See Hawaii Revised Statutes 431:8-102
• Case plan: means a plan developed by the department, in consultation with the young adult, as developmentally appropriate, containing a written description of the programs and services that will help the young adult transition from foster care to independent living. See Hawaii Revised Statutes 346-392
• Cemetery: means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. See Hawaii Revised Statutes 531B-2
• certification: means a statement that asserts that a proposed discharge resulting from any activity, including but not limited to the construction or operation of facilities, will not violate applicable water quality standards; water quality related state laws; or water quality related provisions in sections 301, 302, 303, 306, and 307 of the Act. See Hawaii Revised Statutes 342D-1
• CFC: means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds. See Hawaii Revised Statutes 342C-1
• Charge: means the admission price or fee asked in return for invitation or permission to enter or go upon the land. See Hawaii Revised Statutes 520-2
• Charge: means an admission price or fee asked in return for invitation or permission to enter or go upon the land. See Hawaii Revised Statutes 520A-2
• Charitable purpose: means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community. See Hawaii Revised Statutes 517E-2
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Child caring institution: means any institution other than an institution of the State, maintained for the purpose of receiving six or more minor children for care and maintenance, not of common parents, apart from their parents or guardians on a twenty-four hour basis for monetary payment. See Hawaii Revised Statutes 346-16
• Child placing organization: means any person, agency, or organization, except family courts and the department of human services, engaged in the investigation, placement, and supervision of children in foster care. See Hawaii Revised Statutes 346-16
• Child welfare services: means :

  (1) All services necessary for the protection and care of abused or neglected children and children in danger of becoming delinquent; and

  (2) All services necessary for the adoption of children. See Hawaii Revised Statutes 346-1

• Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See Hawaii Revised Statutes 554G-2
• Class: means the general categories of insurance, as set forth in §§ 431:1-204 to 431:1-210, in which insurers may be authorized to transact the business of insurance. See Hawaii Revised Statutes 431:9A-102
• Coastal waters: means all waters surrounding the islands of the State from the coast of any island to a point three miles seaward from the coast, and, in the case of streams, rivers, and drainage ditches, to a point three miles seaward from their point of discharge into the sea and includes those brackish waters, fresh waters, and salt waters that are subject to the ebb and flow of the tide. See Hawaii Revised Statutes 342D-1
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commercial passenger vessel: means a vessel that carries passengers for hire. See Hawaii Revised Statutes 342D-101
• Commercial passenger vessel: means any domestic or foreign-flagged marine vessel or air carrier used primarily for transporting persons to, from, or within the State. See Hawaii Revised Statutes 342G-101
• Commercial project: means an undertaking involving commercial or light industrial development, which includes a mixed-use development where commercial or light industrial facilities may be built into, adjacent to, under, or above residential units;

  (2) "Redevelopment project" means an undertaking for the acquisition, clearance, replanning, reconstruction, and rehabilitation, or a combination of these and other methods, of an area for a residential project, for an incidental commercial project, and for other facilities incidental or appurtenant thereto, pursuant to and in accordance with this chapter. See Hawaii Revised Statutes 206E-2

• Commercial solid waste: means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes. See Hawaii Revised Statutes 342H-51
• Commission: means the real estate commission established under section 467-3. See Hawaii Revised Statutes 514E-1
• Commission: means the civil rights commission. See Hawaii Revised Statutes 515-2
• Commissioner: means the insurance commissioner of the department of commerce and consumer affairs. See Hawaii Revised Statutes 488-1
• Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:9A-102
• Common area: means real property that is designated as common area in or pursuant to a declaration, that is owned or leased by the association under the declaration, or that is otherwise available for the use of members of the association. See Hawaii Revised Statutes 508D-1
• Common interest community: means a condominium property regime, cooperative, planned community association, or other community with respect to which a person, by virtue of the person's ownership of a parcel of real property within the community is obligated to pay property taxes or insurance premiums, or fees for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community. See Hawaii Revised Statutes 508C-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community foundation: means a community foundation or community trust recognized as exempt from federal income tax and referred to in section 170(c) of the Internal Revenue Code of 1986, as amended, and which meets the single entity requirements of United States Treasury Regulations sections 1. See Hawaii Revised Statutes 517E-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compost: means a relatively stable, decomposed, organic, humus-like material, generated by a composting facility, that is suitable for landscaping or soil amendment purposes. See Hawaii Revised Statutes 342G-1
• Composting: means a process in which organic solid wastes, such as biosolids (sewage sludge), green or yard waste materials, manures, and non-treated wood chips and shavings, are biologically decomposed and stabilized under controlled conditions to produce a stable humus-like mulch or soil amendment. See Hawaii Revised Statutes 342G-1
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Condominium project: means a real estate condominium project; or a plan or project whereby a condominium of two or more units located within the condominium property regime have been sold or leased or are offered or proposed to be offered for sale or lease. See Hawaii Revised Statutes 508D-1
• Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Hawaii Revised Statutes 553A-1
• Conservator: means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions. See Hawaii Revised Statutes 554B-1
• Construction: means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. See Hawaii Revised Statutes 103D-104
• Consumer: means a person who buys a beverage in a deposit beverage container for use or consumption and pays the deposit. See Hawaii Revised Statutes 342G-101
• consumer reporting agency: means any person who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties, but does not include any governmental agency whose records are maintained primarily for law enforcement or licensing purposes. See Hawaii Revised Statutes 489P-2
• contiguous: means land adjoining or touching other property held by the same or related organization, and includes land divided by a public road. See Hawaii Revised Statutes 346F-3
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means any person having a contract with a governmental body. See Hawaii Revised Statutes 103D-104
• Conventional cremation: means the irreversible process of reducing human remains to bone fragments or skeletal remains through heat and evaporation. See Hawaii Revised Statutes 531B-2
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative housing corporation: means a corporation having only one class of stock outstanding, each of the stockholders of which is entitled by reason of the shareholder's ownership of stock in the corporation to occupy for dwelling purposes a dwelling unit in a building owned or leased by the corporation, and no stockholder of which is entitled, either conditionally or unconditionally, to receive any distribution not out of earnings and profits of the corporation except in a complete or partial liquidation of the corporation. See Hawaii Revised Statutes 508D-1
• Coordinator: means the state solid waste management coordinator established within the office of solid waste management in the department of health. See Hawaii Revised Statutes 342G-1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corpus allocation: means the amount of moneys in the revolving fund that is allocated by the director to provide earnings to reduce an eligible party's total financing costs for one or more eligible projects. See Hawaii Revised Statutes 342D-80
• Corrugated paper: means a paper product fabricated from two layers of kraft linerboard sandwiched around a corrugating medium. See Hawaii Revised Statutes 342G-1
• Council: means the environmental advisory council. See Hawaii Revised Statutes 343-2
• Council: means the information privacy and security council established under section 487N-5. See Hawaii Revised Statutes 487N-1
• County: means any county of the State. See Hawaii Revised Statutes 206E-2
• County: means any county of the State. See Hawaii Revised Statutes 342I-21
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Court: means any court described in the laws of the United States or any state. See Hawaii Revised Statutes 507D-2
• Court: means the circuit court of the State. See Hawaii Revised Statutes 553A-1
• Court: means the circuit court of the State. See Hawaii Revised Statutes 554B-1
• Court: means one of the family courts established pursuant to chapter 571. See Hawaii Revised Statutes 346-392
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit report: means any written, oral, or other communication of any credit information by a consumer reporting agency, as defined in the federal Fair Credit Reporting Act, which operates or maintains a database of consumer credit information bearing on a consumer's credit worthiness, credit standing, or credit capacity. See Hawaii Revised Statutes 489P-2
• Creditor: means , with respect to a transferor, a person who has a claim. See Hawaii Revised Statutes 554G-2
• Cremated remains: means all human remains recovered after the completion of the cremation, which may include the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Hawaii Revised Statutes 531B-2
• Cremation: means conventional cremation or water cremation. See Hawaii Revised Statutes 531B-2
• Crematory: means a structure containing a furnace used or intended to be used for the conventional cremation of human remains. See Hawaii Revised Statutes 531B-2
• Critical access hospital: means a hospital located in the State that is included in Hawaii's rural health plan approved by the federal Centers for Medicare and Medicaid Services and approved as a critical access hospital by the department of health as provided in Hawaii's rural health plan and as defined in title 42 United States Code § 1395i-4. See Hawaii Revised Statutes 346-1
• Custodial property: means (1) any interest in property transferred to a custodian under this chapter and (2) the income from and proceeds of that interest in property. See Hawaii Revised Statutes 553A-1
• Custodial trust property: means an interest in property transferred to a custodial trustee under this chapter and the income from and proceeds of that interest. See Hawaii Revised Statutes 554B-1
• Custodial trustee: means a person designated as trustee of a custodial trust under this chapter and includes a substitute or successor custodial trustee. See Hawaii Revised Statutes 554B-1
• Custodian: means a person so designated under section 553A-9 or a successor or substitute custodian designated under section 553A-18. See Hawaii Revised Statutes 553A-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data: means recorded information, regardless of form or characteristic. See Hawaii Revised Statutes 103D-104
• dBA: means the A-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the "A" weighting network. See Hawaii Revised Statutes 342F-1
• dBC: means the C-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the "C" weighting network. See Hawaii Revised Statutes 342F-1
• Dealer: means a person who engages in the sale of beverages in deposit beverage containers to a consumer for off-premises consumption in the State. See Hawaii Revised Statutes 342G-101
• Debt: means liability on a claim. See Hawaii Revised Statutes 554G-2
• Debtor: means a person named as the debtor in a financing statement. See Hawaii Revised Statutes 507D-2
• Decedent: A deceased person.
• Declaration: means any recorded document, however denominated, in favor of or enforceable by a cooperative housing corporation, an association of owners of a condominium project, or other nonprofit, incorporated or unincorporated association, that restricts or conditions the use of the real property being offered for sale, or imposes obligations on the owner of the residential real property being offered for sale with respect to maintenance or operational responsibility for the common areas, architectural control, maintenance of the residential real property being offered for sale, or services for the benefit of the residential real property being offered for sale or other property subject to the declaration including the common areas. See Hawaii Revised Statutes 508D-1
• 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.
• Department: means the department of health. See Hawaii Revised Statutes 342C-1
• Department: means the department of health. See Hawaii Revised Statutes 342E-1
• Department: means the department of human services. See Hawaii Revised Statutes 346F-3
• Department: means the department of health. See Hawaii Revised Statutes 508C-2
• Department: means the department of health. See Hawaii Revised Statutes 342D-1
• Department: means the department of health. See Hawaii Revised Statutes 342F-1
• Department: means the department of health. See Hawaii Revised Statutes 342G-1
• Department: means the department of health. See Hawaii Revised Statutes 342H-1
• Department: means the department of health. See Hawaii Revised Statutes 342J-2
• Department: means the department of health. See Hawaii Revised Statutes 342L-1
• Department: means the department of health. See Hawaii Revised Statutes 342P-1
• Department: means the department of human services. See Hawaii Revised Statutes 346-1
• Department: means the department of health. See Hawaii Revised Statutes 342G-101
• Department: means the department of human services and its authorized representatives. See Hawaii Revised Statutes 346-392
• Department: means the department of education. See Hawaii Revised Statutes 302A-101
• Dependent: A person dependent for support upon another.
• Deposit beverage: means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container. See Hawaii Revised Statutes 342G-1
• Deposit beverage: means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container. See Hawaii Revised Statutes 342G-101
• Deposit beverage container: means the individual, separate, sealed glass, polyethylene terephthalate, high density polyethylene, or metal container less than or equal to sixty-eight fluid ounces, used for containing, at the time of sale to the consumer, a deposit beverage intended for use or consumption in this State. See Hawaii Revised Statutes 342G-101
• Deposit beverage distributor: means a person who is a manufacturer of beverages in deposit beverage containers in this State, or who imports and engages in the sale of filled deposit beverage containers to a dealer or consumer. See Hawaii Revised Statutes 342G-101
• Designated beneficiary: means a person designated in a transfer on death deed to receive property. See Hawaii Revised Statutes 527-2
• Developer: means any person that creates a time sharing plan or is in the business of selling time share units. See Hawaii Revised Statutes 514E-1
• Devise: To gift property by will.
• Director: means the director of health. See Hawaii Revised Statutes 342E-1
• Director: means the director of the office of planning and sustainable development. See Hawaii Revised Statutes 343-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 514E-1
• Director: means the director of health. See Hawaii Revised Statutes 342D-1
• Director: means the director of health. See Hawaii Revised Statutes 342F-1
• Director: means the director of health. See Hawaii Revised Statutes 342G-1
• Director: means the director of health. See Hawaii Revised Statutes 342H-1
• Director: means the director of health or the director's authorized agent. See Hawaii Revised Statutes 342J-2
• Director: means the director of health. See Hawaii Revised Statutes 342L-1
• Director: means the director of health or a duly authorized agent, officer, or inspector. See Hawaii Revised Statutes 342P-1
• Director: means the director of human services. See Hawaii Revised Statutes 346-1
• Disability: means having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. See Hawaii Revised Statutes 515-2
• Discharge: means any release, however caused, from a commercial passenger vessel, and includes any escape, disposal, spilling, leaking, pumping, emitting, or emptying. See Hawaii Revised Statutes 342D-101
• Disclosure statement: means a written statement prepared by the seller, or at the seller's direction, that purports to fully and accurately disclose all material facts relating to the residential real property being offered for sale that:

  (1) Are within the knowledge or control of the seller;

  (2) Can be observed from visible, accessible areas; or

  (3) Are required to be disclosed under sections 508D-4. See Hawaii Revised Statutes 508D-1

• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Discretionary consent: means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent. See Hawaii Revised Statutes 343-2
• Discriminatory practice: means a practice designated as discriminatory under the terms of this chapter. See Hawaii Revised Statutes 515-2
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disposal: means the management of solid waste through incineration or landfilling at permitted solid waste facilities. See Hawaii Revised Statutes 342G-1
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste onto any land or water so that such solid waste, or any constituent thereof, may enter the environment, be emitted into the air, or discharged into any water, including ground waters. See Hawaii Revised Statutes 342H-1
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous or solid waste into or on any land or water so that hazardous or solid waste or any constituent thereof may enter the environment, be emitted into the air, or discharged into any waters, including ground waters. See Hawaii Revised Statutes 342J-2
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any used oil or used oil fuel into or on any land or water so that the used oil, used oil fuel, or any constituent thereof may enter the environment, be emitted into the air, or discharged into any waters, including ground waters. See Hawaii Revised Statutes 342J-51
• Disposal fee: means a fee that may be charged on items that will eventually end up as solid waste with the intent of factoring into the price or use or disposal of the same the eventual cost of managing the goods as wastes. See Hawaii Revised Statutes 342G-1
• District: means the Heeia community development district. See Hawaii Revised Statutes 206E-201
• District: means the stadium development district established by this part. See Hawaii Revised Statutes 206E-222
• District: means the transit-oriented development infrastructure improvement district within each county-designated transit-oriented development zone, or within a one-half mile radius of a proposed or existing transit station if the county has not designated transit-oriented development zones, as determined by the board. See Hawaii Revised Statutes 206E-242
• District: means the Pulehunui community development district. See Hawaii Revised Statutes 206E-262
• Domiciliary care: means the provision of twenty-four-hour living accommodations and personal care services and appropriate medical care, as needed, to adults unable to care for themselves by persons unrelated to the recipient in private residences or other facilities. See Hawaii Revised Statutes 346-1
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Donor: means any individual, partnership, corporation, joint-stock company, unincorporated organization, foundation, estate, trust, or any other person or firm that donates money, real property, goods, or services to a homeless facility or any other program for the homeless authorized by this part, including members of any governing body, trustees, officers, partners, principals, stockholders, members, managers, employees, contractors, agents of these entities, or any person who was involved with the donation. See Hawaii Revised Statutes 346-361
• Dower: A widow
• Effluent: means any substance discharged into state waters, publicly owned treatment works, or sewerage systems, including, but not limited to, sewage, waste, garbage, feculent matter, offal, filth, refuse, any animal, mineral, or vegetable matter or substance, and any liquid, gaseous, or solid substances. See Hawaii Revised Statutes 342D-1
• Eligible borrower: means any person or family, irrespective of race, creed, national origin, or sex, who:

  (1) Has never before obtained a loan under this part; and

  (2) Meets other qualifications as established by rules adopted by the authority. See Hawaii Revised Statutes 206E-101

• Eligible loan: means a loan to an eligible borrower for the purchase of a reserved housing unit; provided that the property financed is located in the community development district, is and will be occupied as the principal place of residence by the eligible borrower, and meets other requirements as established by rules adopted by the authority. See Hawaii Revised Statutes 206E-101
• Eligible party: means a county, state agency, or private person. See Hawaii Revised Statutes 342D-80
• 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}
• Emergency shelter: means a homeless facility designed to provide temporary shelter and appropriate and available services to homeless families or individuals for a specified period of time who are not able to stay in a transitional shelter or reside in a dwelling unit. See Hawaii Revised Statutes 346-361
• Emission: means the act of releasing or discharging asbestos into the ambient air from any source. See Hawaii Revised Statutes 342P-1
• Employees trust: means any trust created by an employer as part of a stock bonus, pension, profit-sharing, or annuity plan for the exclusive benefit of some or all of the employer's employees, or their beneficiaries, to which contributions are made by the employer, or employees, or both, for the purpose of distributing in accordance with such plan to the employees, or their beneficiaries, the earnings or the principal, or both earnings and principal, of the trust fund, provided that it is impossible under the trust terms at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries under the trust for any part of the corpus or income to be at any time used for or diverted to purposes other than the exclusive benefit of the employees, or their beneficiaries. See Hawaii Revised Statutes 555-1
• Employer: includes a group of employers creating a combined plan or trust for the benefit of their employees or the beneficiaries of the employees. See Hawaii Revised Statutes 555-1
• Endowment fund: means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. See Hawaii Revised Statutes 517E-2
• Enterprise zone: means an area selected by a county and approved by the governor to be eligible for the enterprise zone program established under chapter 209E. See Hawaii Revised Statutes 342G-1
• Environment: means the complex of physical and biological conditions that influence human well-being, including land, air, water, minerals, flora, fauna, energy, noise, and places of historic or aesthetic significance. See Hawaii Revised Statutes 344-2
• Environmental assessment: means a written evaluation to determine whether an action may have a significant effect. See Hawaii Revised Statutes 343-2
• Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Hawaii Revised Statutes 508C-2
• Environmental management special fund: means the fund created by § 342G-63. See Hawaii Revised Statutes 342G-1
• Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:

  (1) Under a federal or state program governing environmental remediation of real property, including chapter 128D;

  (2) Incident to closure of a solid or hazardous waste management unit; provided that the closure is conducted with approval of an agency; or

  (3) Under the state voluntary response program authorized in part II of chapter 128D. See Hawaii Revised Statutes 508C-2

• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Estranged: means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. See Hawaii Revised Statutes 531B-2
• 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.
• Excessive noise: means the presence of sound as measured by standard testing devices as established by the noise rules adopted by the department of a volume or in quantities and for durations which endangers human health, welfare or safety, animal life, or property or which unreasonably interferes with the comfortable enjoyment of life and property in the State or in such areas of the State as are affected thereby. See Hawaii Revised Statutes 342F-1
• Exchange agent: means a person who operates an exchange program. See Hawaii Revised Statutes 514E-1
• Exchange program: means a plan or program in which the owners or holders of time share interests in a time share plan may exchange occupancy rights among themselves or with the owners or holders of time share interests in other time share plans or with the owner or holders of units in other projects. See Hawaii Revised Statutes 514E-1
• Executor: A male person named in a will to carry out the decedent
• Exempt commercial purchaser: means any person purchasing commercial insurance which, at the time of placement, employs or retains a qualified risk manager to negotiate insurance coverage; and has paid aggregate nationwide commercial property and casualty insurance premiums in excess of $100,000 in the immediately preceding twelve months. See Hawaii Revised Statutes 431:8-102
• Existing municipal solid waste landfill unit: means any municipal solid waste landfill unit that is receiving solid waste on October 9, 1993. See Hawaii Revised Statutes 342H-51
• existing tank system: means an underground storage tank or tank system for which installation commenced not later than December 22, 1988. See Hawaii Revised Statutes 342L-1
• facility: means all contiguous land and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. See Hawaii Revised Statutes 342J-2
• Facility: means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal of solid waste. See Hawaii Revised Statutes 342H-51
• Facility: means all contiguous land, including buffer zones and structures or other appurtenances and improvements on the land, used for the handling of used tires. See Hawaii Revised Statutes 342I-21
• Facility: means all contiguous land and structures, other appurtenances, and improvements on the land used for the handling of used oil or used oil fuel. See Hawaii Revised Statutes 342J-51
• 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}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Familial status: means the status of: a parent having legal custody of and domiciled with a minor child or children, a person who is domiciled with a minor child or children and who has written or unwritten permission from the legal parent, a person who is pregnant, or any person who is in the process of securing legal custody of a minor child or children. See Hawaii Revised Statutes 515-2
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Financial assistance: means public assistance, except for payments for medical care, social service payments, transportation assistance, and emergency assistance under § 346-65, including funds received from the federal government. See Hawaii Revised Statutes 346-1
• Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See Hawaii Revised Statutes 553A-1
• Financial responsibility: means a trust fund, surety bond, insurance, corporate guarantee, or letter of credit provided by owners or operators of hazardous waste treatment, storage, and disposal facilities to assure proper closure, post closure, corrective action, and compensation for injuries to people or damage to property. See Hawaii Revised Statutes 342J-2
• Financing statement: means a record filed under chapter 490:9. See Hawaii Revised Statutes 507D-2
• Finding of no significant impact: means a determination based on an environmental assessment that the subject action will not have a significant effect and, therefore, will not require the preparation of an environmental impact statement. See Hawaii Revised Statutes 343-2
• 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.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• 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}
• Former foster youth: means a person formerly placed under the jurisdiction of the department as a foster child by the family court pursuant to chapter 587A who has attained the age of eighteen while under the placement responsibility of the department or who was under the placement responsibility of the department when a legally responsible caregiver was granted custody. See Hawaii Revised Statutes 346-16
• Former spouse: means a person to whom the transferor was married where the marriage was dissolved before the time of the permitted transfer, or person with whom the transferor was in a civil union where the civil union was dissolved before the time of the permitted transfer. See Hawaii Revised Statutes 554G-2
• Foster custody: means the legal status created when the department places a child outside of the family home with the agreement of the legal custodian or pursuant to court order as set forth in chapter 587A. See Hawaii Revised Statutes 346-392
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Frivolous: means without any basis in law or fact. See Hawaii Revised Statutes 507D-2
• Fund: means the Heeia community development special fund. See Hawaii Revised Statutes 206E-201
• Fund: means the transit-oriented development infrastructure improvement district special fund established under section 206E-G. See Hawaii Revised Statutes 206E-242
• Fund: means the Pulehunui community development district special fund. See Hawaii Revised Statutes 206E-262
• Funeral establishment: means a place of business used in the care and preparation for interment or transportation of human remains, embalming, placing the same on display, or otherwise providing for final disposition of human remains. See Hawaii Revised Statutes 531B-2
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gender identity or expression: includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth. See Hawaii Revised Statutes 515-2
• Generator: means any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation under this chapter. See Hawaii Revised Statutes 342J-2
• Generator: means any person, by site, whose act or process produces used oil or used oil fuel or whose act first causes used oil or used oil fuel to become subject to regulation. See Hawaii Revised Statutes 342J-51
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gift instrument: means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. See Hawaii Revised Statutes 517E-2
• Glass container importer: means any person who is engaged in the manufacture of glass containers within the State or who imports glass containers from outside the State for sale or use within the State. See Hawaii Revised Statutes 342G-81
• Glass incentive: means an incentive paid to licensed recyclers for recycling glass containers. See Hawaii Revised Statutes 342G-81
• Glassphalt: means an asphaltic concrete mixture utilizing crushed glass, under controlled gradation conditions, as a substitute for a percentage of the aggregate in the mix. See Hawaii Revised Statutes 342G-81
• Goods: means all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals. See Hawaii Revised Statutes 103D-104
• Government agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county. See Hawaii Revised Statutes 487N-1
• Government agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or any county. See Hawaii Revised Statutes 487R-1
• Governmental body: means any department, commission, council, board, bureau, authority, committee, institution, legislative body, agency, government corporation, or other establishment or office of the executive, legislative, or judicial branch of the State, including the office of Hawaiian affairs, and the several counties of the State. See Hawaii Revised Statutes 103D-104
• Grantor: The person who establishes a trust and places property into it.
• Gray water: means any untreated wastewater that has not come into contact with toilet waste. See Hawaii Revised Statutes 342D-1
• Green waste: means leaves, garden residues, shrubbery and tree trimmings, grass clippings, and similar material. See Hawaii Revised Statutes 342G-1
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: means a person appointed or qualified by a court as a guardian of an individual and includes a limited guardian, but excludes a person who is merely a guardian ad litem. See Hawaii Revised Statutes 554B-1
• Halon: means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, including, without limitation, those compounds known as Halon-1301, Halon-1211, and Halon-2402. See Hawaii Revised Statutes 342C-1
• Hawaii resident: includes aliens lawfully admitted for permanent residence and residing in Hawaii. See Hawaii Revised Statutes 489N-1
• Hawaii security net: means those public and private assistance and social service programs designed to provide the basic necessities of life: food, clothing, shelter, and medical care. See Hawaii Revised Statutes 346-1
• Hazardous waste: means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

  (1) Cause or significantly contribute to an increase in mortality or an increase in a serious irreversible or incapacitating reversible illness; or

  (2) Pose a substantial existing or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Hawaii Revised Statutes 342J-2

• Hazardous waste broker: means any person who:

  (1) Acts as an intermediary between:

  (A) A generator and a transporter; or

  (B) A generator and a person who treats, stores, or disposes of hazardous waste; or

  (C) A generator and another broker; and

  (2) Performs one or more of the following:

  (A) Mixes hazardous wastes of different United States Department of Transportation shipping descriptions by placing them into a single container or tank as defined in Title 40 of the Code of Federal Regulations, Part 260 (provided that a broker who mixes hazardous waste must comply with all statutory and regulatory provisions applicable to generators);

  (B) Packages or repackages hazardous waste;

  (C) Labels, marks, or manifests hazardous waste;

  (D) Performs waste characterization of hazardous waste; or

  (E) Arranges the storage, treatment, transportation, disposal, or recycling of hazardous waste for a fee based upon the completion of the transaction. See Hawaii Revised Statutes 342J-2

• Hazardous waste management: means the systematic control over the generation, collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste. See Hawaii Revised Statutes 342J-2
• HDPE: means high density polyethylene plastic and containers manufactured from this material. See Hawaii Revised Statutes 342G-1
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Heirs: means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. See Hawaii Revised Statutes 539-1
• Helicopter facility: means any area of land or water which is used, or intended for use for the landing or takeoff of helicopters; and any appurtenant areas which are used, or intended for use for helicopter related activities or rights-of-way. See Hawaii Revised Statutes 343-2
• Holder: means a grantee of an environmental covenant as specified in section 508C-3(a) who, by virtue of the covenant, holds an interest in the real property subject to the covenant, and who accepts certain rights and obligations as stated in the covenant. See Hawaii Revised Statutes 508C-2
• Home state: means , with respect to an insured, the state in which an insured maintains the insured's principal place of business or, in the case of an individual, the state in which the individual maintains the individual's principal residence; provided that if one hundred per cent of the insured risk is located out of the state where the insured maintains the insured's principal place of business or the state where the individual maintains the principal residence, the home state shall be the state where the greatest percentage of the insured's taxable premium for that insurance contract is allocated. See Hawaii Revised Statutes 431:8-102
• Home state: means the District of Columbia or any state or territory of the United States in which an insurance producer maintains the producer's principal place of residence or principal place of business and is licensed to act as an insurance producer. See Hawaii Revised Statutes 431:9A-102
• Homeland: means the country in which a person was born. See Hawaii Revised Statutes 346-142
• Homeless: means :

  (1) An individual or family who lacks a fixed, regular, and adequate night-time residence; or

  (2) An individual or family who has a primary night-time residence that is:

  (A) A supervised publicly or privately operated shelter designed to provide temporary living accommodations;

  (B) An institution that provides temporary residence for individuals intended to be institutionalized; or

  (C) A public or private place not designed for or ordinarily used as sleeping accommodations for human beings. See Hawaii Revised Statutes 346-361

• Homeless facility: means a development designed to provide shelter for homeless families or individuals pursuant to this part, or to facilitate any other homeless program authorized by this part, and may include emergency or transitional shelters. See Hawaii Revised Statutes 346-361
• Homeless shelter stipend: means a payment to a provider agency from the department to provide temporary shelter and appropriate services for a homeless family or individual at a homeless facility operated or managed by the provider agency. See Hawaii Revised Statutes 346-361
• House guest: means any person specifically invited by the owner or a member of the owner's household to visit at the owner's home whether for dinner, or to a party, for conversation or any other similar purposes including for recreation, and includes playmates of the owner's minor children. See Hawaii Revised Statutes 520-2
• Household hazardous waste: means those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed of, or otherwise managed. See Hawaii Revised Statutes 342G-1
• Household waste: means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). See Hawaii Revised Statutes 342H-51
• Housing accommodation: includes any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one or more individuals. See Hawaii Revised Statutes 515-2
• Hydrolysis equipment: includes prebuilt and prepackaged hydrolysis units or equipment that is erected on site of a hydrolysis facility. See Hawaii Revised Statutes 531B-2
• Hydrolysis facility: means a structure, room, or other space in a building or structure containing hydrolysis equipment, to be used for water cremation. See Hawaii Revised Statutes 531B-2
• Import: means to buy, bring, or accept delivery of glass containers from an address, supplier, or any entity outside of the State of Hawaii. See Hawaii Revised Statutes 342G-81
• Importer: means any person or entity who imports tires, including the tires on motor vehicles imported into the State. See Hawaii Revised Statutes 342I-21
• Inactive: means that the authority of a license issued by the commissioner is not in effect. See Hawaii Revised Statutes 431:8-102
• Inactive: means that the authority of a license issued by the commissioner is not in effect. See Hawaii Revised Statutes 431:9A-102
• Incapacitated: means that an individual lacks the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other cause. See Hawaii Revised Statutes 554B-1
• Incineration: means volume reduction by controlled burning of combustible solid waste. See Hawaii Revised Statutes 342G-1
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent adjuster: means an adjuster representing the interests of the insurer. See Hawaii Revised Statutes 431:9-105
• 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.
• Individual: means a natural person. See Hawaii Revised Statutes 431:8-102
• Individual: means a natural person. See Hawaii Revised Statutes 431:9A-102
• Industrial solid waste: means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA. See Hawaii Revised Statutes 342H-51
• Industrial user: means a source of water pollutants into a publicly owned treatment works from any nondomestic source regulated under section 307(b), (c), or (d) of the Federal Water Pollution Control Act. See Hawaii Revised Statutes 342D-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means :

  (1) A person, other than an individual, organized and operated exclusively for charitable purposes;

  (2) A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; or

  (3) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated. See Hawaii Revised Statutes 517E-2

• Institution of higher education: means any institution normally requiring a high school diploma or equivalency certificate for enrollment, including but not limited to colleges, universities, and vocational or technical schools. See Hawaii Revised Statutes 346-16
• Institutional fund: means a fund held by an institution exclusively for charitable purposes. See Hawaii Revised Statutes 517E-2
• Integrated solid waste management: means the use of a variety of waste management practices and processing methods to safely and effectively manage solid waste with the least adverse impact on human health and the environment. See Hawaii Revised Statutes 342G-1
• Inter vivos: Transfer of property from one living person to another living person.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• International matchmaking organization: means a corporation, partnership, or other legal entity, whether or not organized under the laws of the United States or any state, that does business in the United States and for profit offers to residents of this State, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who are not residing in the United States, by:

  (1) An exchange of names, telephone numbers, addresses, or statistics;

  (2) Selection of photographs; or

  (3) A social environment provided by the organization in a country other than the United States. See Hawaii Revised Statutes 489N-1

• International trade agreement: means a trade agreement or memorandum of agreement between the United States government and a foreign nation, whether bilateral, multilateral, global, or regional, to which the State, at the request of the United States government, is a covered procuring entity; provided the term shall not include a trade agreement or memoranda of agreement:

  (1) Between the State and a foreign nation or its sub-national entity to which the United States government is not a party; or

  (2) Between a county and a foreign nation or its sub-national entity to which the United States government is not a party. See Hawaii Revised Statutes 489M-1

• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intestate: Dying without leaving a will.
• Invasive species: means any plant, plant pest, noxious weed, microorganism, biological control organism, or animal that can directly or indirectly injure or cause damage to the environment or to the interests of agriculture, horticulture, aquaculture, animal or public health, native species, natural resources, irrigation, or navigation. See Hawaii Revised Statutes 520A-2
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• issue: as used in this chapter , includes all the lawful lineal descendants of the ancestor. See Hawaii Revised Statutes 532-1
• Joint owner: means an individual who owns property concurrently with one or more individuals with a right of survivorship. See Hawaii Revised Statutes 527-2
• 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.
• 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.
• Label: means a molded imprint or raised symbol on or near the bottom of a plastic product. See Hawaii Revised Statutes 342H-41
• Land: means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty, other than lands owned by the government. See Hawaii Revised Statutes 520-2
• Land: means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty, other than lands owned by the government. See Hawaii Revised Statutes 520A-2
• Landfill: means a land site on which engineering principles are utilized to bury deposits of solid waste without creating a nuisance or hazard to public health or safety. See Hawaii Revised Statutes 342G-1
• Landfilling: means the permitted disposal of solid waste on land in a series of compacted layers and covering the solid waste with soil or other materials. See Hawaii Revised Statutes 342G-1
• Large commercial passenger vessel: means a commercial passenger vessel that provides overnight accommodations for two hundred fifty or more passengers for hire, determined with reference to the number of lower berths and based on an average of two persons per cabin. See Hawaii Revised Statutes 342D-101
• Lateral expansion: means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit. See Hawaii Revised Statutes 342H-51
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal representative: means an individual's personal representative or conservator. See Hawaii Revised Statutes 553A-1
• Legal representative: means a personal representative or conservator. See Hawaii Revised Statutes 554B-1
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. See Hawaii Revised Statutes 302A-101
• License: means a document issued by the commissioner authorizing a person to act as a surplus lines broker as specified in the document. See Hawaii Revised Statutes 431:8-102
• License: means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. See Hawaii Revised Statutes 431:9A-102
• Licensee: means a surplus lines broker licensed under this article. See Hawaii Revised Statutes 431:8-102
• Licensee: means any type of insurance producer or producer. See Hawaii Revised Statutes 431:9A-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien: means a recorded instrument that creates an encumbrance on or affects title or ownership of property. See Hawaii Revised Statutes 507D-2
• Lien claimant: means the person who executes or records or causes or materially assists in causing the lien to be prepared, executed, or recorded. See Hawaii Revised Statutes 507D-2
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Limited line credit insurance: includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection ("gap") insurance, and any other form of insurance offered in connection with an extension of credit, that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line of credit insurance. See Hawaii Revised Statutes 431:9A-102
• Limited lines insurance: means those lines of insurance a producer may be licensed to sell pursuant to section 431:9A-107. See Hawaii Revised Statutes 431:9A-102
• Limited lines producer: means a person authorized by the commissioner to sell, solicit, or negotiate limited lines insurance. See Hawaii Revised Statutes 431:9A-102
• Line of authority: means a category of insurance products, as set forth in section 431:9A-107(a), which an insurance producer may be licensed to sell pursuant to this article. See Hawaii Revised Statutes 431:9A-102
• Line of insurance: means an insurance product, contract, or policy designed to cover specified risks that fall within one or more of the classes or types of insurance as defined in §§ 431:1-204 to 431:1-211, the lines of authority defined in section 431:9A-107(a), or any other section of this code. See Hawaii Revised Statutes 431:9A-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local governing body: means the county council. See Hawaii Revised Statutes 206E-2
• Long-term care services: means a broad range of supportive services needed by individuals with physical or mental impairments and have lost or never acquired the ability to function independently. See Hawaii Revised Statutes 346C-1
• Management practices: include treatment, processing, storage, transport, use, and disposal. See Hawaii Revised Statutes 342D-1
• Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of treatment, storage, or disposal. See Hawaii Revised Statutes 342J-2
• Manure: means excrement generated by animals, such as cows, horses, and chickens, held in captivity or used for agricultural production. See Hawaii Revised Statutes 342G-1
• Marital history information: means a declaration of a Hawaii resident's current marital status, the number of times the Hawaii resident has previously been married, the number of domestic abuse orders of protection issued against the Hawaii resident, and whether any previous marriages by the Hawaii resident occurred as a result of receiving services from an international matchmaking organization. See Hawaii Revised Statutes 489N-1
• Master development: means a real estate development that consists of more than one project, including but not limited to a planned community association subject to chapter 421J with one or more sub-associations. See Hawaii Revised Statutes 514E-1
• Material fact: means any fact, defect, or condition, past or present, that would be expected to measurably affect the value to a reasonable person of the residential real property being offered for sale. See Hawaii Revised Statutes 508D-1
• Medical assistance: means payment for medical care or personal care services, including funds received from the federal government. See Hawaii Revised Statutes 346-1
• Medical care: means all kinds of medical care, psychiatric care, dental care, and maternity care, including surgical care, hospital care, eye care (which includes optical appliances), materials, supplies, and all other appliances used in the care, treatment and rehabilitation of patients, and hospitalization. See Hawaii Revised Statutes 346-1
• Medical institution: means a facility in which health care services are provided that also provides long-term care services at a nursing facility level of care for the purposes of dealing with medicaid liens in this chapter. See Hawaii Revised Statutes 346-1
• Minor: means an individual who has not attained the age of twenty-one years. See Hawaii Revised Statutes 553A-1
• Minor dependents: means dependents living in the home of a specified adult, as defined by rules, in which the adult is the primary caretaker and the dependent is under eighteen or if between eighteen and nineteen, enrolled full-time in a program of secondary or equivalent level vocational or technical school, and is expected to complete the program before reaching age nineteen. See Hawaii Revised Statutes 346-1
• Mixed paper: means discarded paper products that are composed of two or more types of paper, including newspaper, corrugated paper, office paper, computer paper, white paper, and coated paper stock. See Hawaii Revised Statutes 342G-1
• Mixed-use project: means a project consisting of any combination of a commercial project, redevelopment project, or residential project. See Hawaii Revised Statutes 206E-281
• 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.
• Mortgage lender: means any bank, trust company, savings bank, national banking association, savings and loan association, building and loan association, mortgage banker, credit union, insurance company, or any other financial institution, or a holding company for any of the foregoing, which:

  (1) Is authorized to do business in the State;

  (2) Customarily provides service or otherwise aids in the financing of mortgages on single family or multi-family residential property; and

  (3) Is a financial institution whose accounts are federally insured, or is an institution which is an approved mortgagee for the Federal Housing Administration, or is an approved lender for the Department of Veterans Affairs or the United States Department of Agriculture, or is an approved mortgage loan servicer for the Federal National Mortgage Association or the Federal Home Mortgage Corporation. See Hawaii Revised Statutes 206E-101

• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Mortuary: means a place of business devoted exclusively to furnishing funeral services and related commodities. See Hawaii Revised Statutes 531B-2
• Motor vehicle tire: means any tire that is used or designed for use on a motorized vehicle including but not limited to an automobile, bus, motorcycle, truck or heavy equipment. See Hawaii Revised Statutes 342I-21
• Municipal solid waste landfill unit: means a discrete area of land or an excavation that receives household waste and is not a land application unit, surface impoundment, injection well, or waste pile. See Hawaii Revised Statutes 342H-51
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National origin: includes the national origin of an ancestor. See Hawaii Revised Statutes 515-2
• Naturalized citizen: means a person who was not born in the United States, but who has the rights and privileges of a citizen bestowed upon the person by law. See Hawaii Revised Statutes 346-142
• Navigable waters: means the waters of the United States, including the territorial seas. See Hawaii Revised Statutes 342D-1
• Negotiable instrument: means any check, draft, bill of exchange, certificate of deposit, note, and any other document which is an "instrument" within the meaning of article 3 of chapter 490, including instruments subject to said article pursuant to section 490:3-805. See Hawaii Revised Statutes 514E-1
• Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract; provided that the person engaged in the act either sells insurance or obtains insurance from insurers for producers. See Hawaii Revised Statutes 431:9A-102
• Net patient service revenue: means gross inpatient revenues from services provided to nursing facility patients less reductions from gross inpatient revenue resulting from an inability to collect payment of charges. See Hawaii Revised Statutes 346F-3
• New municipal solid waste landfill unit: means any municipal solid waste landfill unit that has not received waste prior to October 9, 1993. See Hawaii Revised Statutes 342H-51
• Nonconsensual common law lien: means a lien that:

  (1) Is not provided for by a specific statute;

  (2) Does not depend upon, require by its terms, or call for the consent of the owner of the property affected for its existence; and

  (3) Is not a court-imposed equitable or constructive lien. See Hawaii Revised Statutes 507D-2

• Nondisturbance agreement: means an instrument by which the holder of a blanket lien agrees that its rights in the property shall be subordinate to the rights of owners. See Hawaii Revised Statutes 514E-1
• Nonpoint source pollution: means water pollution that does not originate from a point source. See Hawaii Revised Statutes 342E-1
• Notice of time share plan: means an instrument executed by the holder of the legal and equitable title to the fee or long-term leasehold interest in a time share unit, and which provides notice of the existence of the time share plan and of rights of owners. See Hawaii Revised Statutes 514E-1
• Nursing facility: means any facility licensed pursuant to chapter 11-94. See Hawaii Revised Statutes 346F-3
• Oath: A promise to tell the truth.
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the office of planning and sustainable development. See Hawaii Revised Statutes 343-2
• Office: means the office of solid waste management in the department of health. See Hawaii Revised Statutes 342G-1
• Office: means the office of wellness and resilience. See Hawaii Revised Statutes 346-431
• Offloading: means the removal of a hazardous substance, hazardous waste, or nonhazardous solid waste from a commercial passenger vessel onto or into a controlled storage, processing, or disposal facility or treatment works. See Hawaii Revised Statutes 342D-101
• On-premises consumption: means the consuming of deposit beverages by a patron immediately and within the area under control of the establishment, including bars, restaurants, passenger ships, and airplanes. See Hawaii Revised Statutes 342G-101
• One-to-one use-right to use-night requirement: means that the sum of the nights which owners are entitled to use in a given year shall not exceed the number of nights available for use by those owners during that year. See Hawaii Revised Statutes 514E-1
• Open dump: means a disposal site that is operating in nonconformance with applicable standards, relevant permit conditions, rules, or this chapter. See Hawaii Revised Statutes 342H-1
• Operator: means the person responsible for the overall operation of a facility. See Hawaii Revised Statutes 342J-2
• Operator: means any person in control of, or having responsibility for, the daily operation of the underground storage tank. See Hawaii Revised Statutes 342L-1
• Operator: means the person responsible for the overall operation of a facility or part of a facility. See Hawaii Revised Statutes 342H-51
• Other wastewater: means sewage that is stored in or transferred to a ballast tank or other holding area on the vessel that may not be customarily used for storing sewage. See Hawaii Revised Statutes 342D-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person who owns a time share interest; provided, however, that to the extent and for such purposes as are provided in any agreement of sale, the vendee under such agreement of sale shall be considered the owner of the time share interest. See Hawaii Revised Statutes 514E-1
• Owner: means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises. See Hawaii Revised Statutes 520-2
• Owner: means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises. See Hawaii Revised Statutes 520A-2
• Owner: means the person who owns the facility or part of the facility. See Hawaii Revised Statutes 342J-2
• Owner: means :

  (1) In the case of a particular underground storage tank or tank system in use or brought into use on or after November 8, 1984, any person who owns an underground storage tank or tank system; and

  (2) In the case of a particular underground storage tank or tank system in use before November 8, 1984, but no longer in use after that date, any person who owned such a tank or tank system immediately before the discontinuation of its use. See Hawaii Revised Statutes 342L-1

• Owner: means the person who owns a facility or part of a facility. See Hawaii Revised Statutes 342H-51
• Owner-occupied residential use: means any use currently permitted in existing residential zones consistent with owner occupancy. See Hawaii Revised Statutes 206E-281
• Ozone-depleting compound: means any chlorofluorocarbon or halon, including those compounds known as methyl chloroform and carbon tetrachloride, or any other compound designated by the United States Environmental Protection Agency as being an ozone-depleting compound pursuant to Title 40, Part 82, Code of Federal Regulations, or any other compound designated by the department as being an ozone-depleting compound. See Hawaii Revised Statutes 342C-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: means each person or agency named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342D-1
• Party: means each person or agency named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342F-1
• Party: means each person or agency named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342H-1
• Party: means each person or agency named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342J-2
• Party: means each person or agency named as a party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342L-1
• Party: means each person or agency named as a party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342P-1
• Party: means the department or the young adult who is subject to a proceeding brought under this part and may include any other person whose participation the court finds is in the best interest of the young adult. See Hawaii Revised Statutes 346-392
• Party in interest: means any owner, title holder, mortgagee, or other person holding a recorded or perfected security interest in real or personal property. See Hawaii Revised Statutes 507D-2
• Passengers for hire: means vessel passengers for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. See Hawaii Revised Statutes 342D-101
• Patron: means a person who buys a beverage in a deposit beverage container for use or consumption and does not pay the deposit. See Hawaii Revised Statutes 342G-101
• Permanent custody: means the legal status created by order of the court after the termination of parental rights as set forth in chapter 587A. See Hawaii Revised Statutes 346-392
• Permit: means written authorization from the director to discharge waste or to construct, modify, or operate any water pollution source. See Hawaii Revised Statutes 342D-1
• Permit: means written authorization from the director to construct, modify, or operate any excessive noise source. See Hawaii Revised Statutes 342F-1
• Permit: means written authorization from the director to construct, modify, and operate any solid waste management system or any component of any solid waste management system. See Hawaii Revised Statutes 342H-1
• Permit: means written authorization from the director for the owner or operator of a proposed or existing hazardous waste management facility to engage in the treatment, storage, or disposal of hazardous waste. See Hawaii Revised Statutes 342J-2
• Permit: means written authorization from the director to install or operate an underground storage tank or tank system. See Hawaii Revised Statutes 342L-1
• Permit: means written authorization from the director for a person to engage in the handling of used oil or used oil fuel. See Hawaii Revised Statutes 342J-51
• Permitted property: includes real property, personal property, and interests in real or personal property. See Hawaii Revised Statutes 554G-2
• Permitted transfer: means a transfer of permitted property by or from one or more transferors who own an undivided interest in the property to one or more trustees, at least one of which is a permitted trustee, by means of a trust instrument, regardless of whether consideration is exchanged. See Hawaii Revised Statutes 554G-2
• Permitted trustee: means a person, other than the transferor, who is a resident of this State or a bank or trust company that is authorized to do business in this State, possesses and exercises trust powers, has its principal place of business in this State; and:

  (1) Maintains or arranges for custody of some or all of the property that is the subject of the permitted transfer;

  (2) Maintains records for the trust on an exclusive or nonexclusive basis;

  (3) Prepares or arranges for the preparation of fiduciary income tax returns; or

  (4) Otherwise materially participates in the administration of the trust. See Hawaii Revised Statutes 554G-2

• Person: includes any individual, firm, association, partnership, or corporation, whether domestic or foreign, whether acting as a principal, agent, employee, or otherwise, and includes any governmental entity or charitable organization. See Hawaii Revised Statutes 342C-1
• Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or a county, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342E-1
• Person: includes any individual, partnership, firm, association, trust, estate, private corporation, or other legal entity other than an agency. See Hawaii Revised Statutes 343-2
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 508C-2
• Person: includes an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons or legal entities, or any combination thereof. See Hawaii Revised Statutes 514E-1
• Person: refers to the definition of section 1-19 and includes a legal representative, partnership, receiver, trust, trustee, trustee in bankruptcy, the State, or any governmental entity or agency. See Hawaii Revised Statutes 515-2
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 517E-2
• Person: means an individual eighteen years of age or older. See Hawaii Revised Statutes 531B-2
• Person: means an individual, a corporation, an organization, or other legal entity. See Hawaii Revised Statutes 539-1
• Person: means an individual, corporation, organization, or other legal entity. See Hawaii Revised Statutes 553A-1
• Person: means an individual, corporation, organization, or other legal entity. See Hawaii Revised Statutes 554B-1
• Person: means a natural person. See Hawaii Revised Statutes 554G-2
• Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342D-1
• Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342F-1
• Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342H-1
• Person: means any individual, partnership, firm, joint stock company, association, public or private corporation, federal agency, the State or any of its political subdivisions, any state and any of its political subdivisions, trust, estate, interstate body, or any other legal entity. See Hawaii Revised Statutes 342J-2
• Person: means an individual, trust, estate, firm, joint stock company, corporation (including a government corporation), partnership, association, commission, consortium, joint venture, commercial entity, the State or a county, the United States government, federal agency, interstate body, or any other legal entity. See Hawaii Revised Statutes 342L-1
• Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342P-1
• Person: means individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342G-101
• Personal information: means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:

  (1) Social security number;

  (2) Driver's license number or Hawaii identification card number; or

  (3) Account number, credit or debit card number, access code, or password that would permit access to an individual's financial account. See Hawaii Revised Statutes 487N-1

• Personal information: means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:

  (1) Social security number;

  (2) Driver's license number or Hawaii identification card number; or

  (3) Account number, credit or debit card number, access code, or password that would permit access to an individual's financial account. See Hawaii Revised Statutes 487R-1

• Personal property: All property that is not real property.
• Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Hawaii Revised Statutes 539-1
• Personal representative: means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. See Hawaii Revised Statutes 553A-1
• Personal representative: includes an executor, administrator, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions and includes a successor personal representative. See Hawaii Revised Statutes 554B-1
• PET: means polyethylene terephthalate plastic and containers manufactured from this material. See Hawaii Revised Statutes 342G-1
• Petroleum: means any petroleum, including crude oil or any fraction thereof, that is liquid at standard temperature and pressure (60 degrees Fahrenheit and 14. See Hawaii Revised Statutes 342G-1
• Petroleum: means any petroleum, including crude oil or any fraction thereof, that is liquid at standard temperature and pressure (60 degrees Fahrenheit and 14. See Hawaii Revised Statutes 342H-1
• Petroleum: means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See Hawaii Revised Statutes 342L-1
• Petroleum-contaminated soil: means soil that has been contaminated by a release of petroleum to a degree that exceeds levels determined to be acceptable by the director. See Hawaii Revised Statutes 342G-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• plan: means any arrangement by which a person as defined in § 431:1-212, or entity, not otherwise authorized to engage in the practice of law, offers to provide or arranges for the provision of legal services in exchange for any valuable consideration that is paid to the plan. See Hawaii Revised Statutes 488-1
• Plan administrator: means those persons who have discretionary authority for the management of the plan or for the collection, management, or disbursement of plan moneys. See Hawaii Revised Statutes 488-1
• Plan manager: means a person who undertakes the duties, responsibilities, and obligations of managing a time share plan. See Hawaii Revised Statutes 514E-1
• Plastic: means any material made of polymeric organic compounds and additives that can be shaped by flow. See Hawaii Revised Statutes 342H-41
• Plastic bottle: means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons. See Hawaii Revised Statutes 342H-41
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Policy board: means the procurement policy board created in § 103D-201. See Hawaii Revised Statutes 103D-104
• Pollution: means water pollution. See Hawaii Revised Statutes 342E-1
• Pollution: means water pollution. See Hawaii Revised Statutes 342D-1
• Pollution: means excessive noise. See Hawaii Revised Statutes 342F-1
• Pollution: means solid waste pollution. See Hawaii Revised Statutes 342H-1
• Pollution: means hazardous waste pollution. See Hawaii Revised Statutes 342J-2
• Pollution: means pollution by mismanagement or mishandling of used oil or used oil fuel. See Hawaii Revised Statutes 342J-51
• Portable: means capable of being carried in hand by one individual. See Hawaii Revised Statutes 342C-1
• Postconsumer material: means a material that has fulfilled the intent of its original manufacture. See Hawaii Revised Statutes 342G-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}
• Power-generating facility: means :

  (1) A new, fossil-fueled, electricity-generating facility, where the electrical output rating of the new equipment exceeds 5. See Hawaii Revised Statutes 343-2

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Principal place of business: means , with respect to determining the home state of the insured:
  (1) The state where the insured maintains the insured's headquarters and where the insured's high-level officers direct, control, and coordinate the business activities;
  (2) If the insured's high-level officers direct, control, and coordinate the business activities in more than one state, the state in which the greatest percentage of the insured's taxable premium for that insurance contract is allocated; or
  (3) If the insured maintains the insured's headquarters or the insured's high-level officers direct, control, and coordinate the business activities outside any state, the state in which the greatest percentage of the insured's taxable premium for that insurance contract is allocated. See Hawaii Revised Statutes 431:8-102
• Principal residence: means , with respect to determining the home state of the individual insured:
  (1) The state where the individual insured resides for the greatest number of days during a calendar year; or
  (2) If the insured's principal residence is located outside any state, the state in which the greatest percentage of the insured's taxable premium for that insurance contract is allocated. See Hawaii Revised Statutes 431:8-102
• 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.
• Processing: means any technology used for the purpose of reducing the volume or weight, or both, of solid wastes, or any technology used to convert part or all of solid wastes for reuse. See Hawaii Revised Statutes 342G-1
• Procurement: means any provision of chapter 103D. See Hawaii Revised Statutes 489M-1
• Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 103D-104
• Procurement officer: means any person authorized to enter into and administer contracts and make written determinations with respect thereto. See Hawaii Revised Statutes 103D-104
• producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See Hawaii Revised Statutes 431:9A-102
• Professional services: means those services within the scope of the practice of architecture, landscape architecture, professional engineering, land surveying, real property appraisal, law, medicine, accounting, dentistry, public finance bond underwriting, public finance bond investment banking, or any other practice defined as professional by the laws of this State or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook. See Hawaii Revised Statutes 103D-104
• Program: means the nonpoint source pollution management and control program established within the department pursuant to this chapter. See Hawaii Revised Statutes 342E-1
• Program: means the long-term care financing program set forth in this chapter. See Hawaii Revised Statutes 346C-1
• Program: means the particular combination of waste management methods selected by each county and designed to achieve the objectives of the state and county integrated solid waste management plans. See Hawaii Revised Statutes 342G-1
• Program: means the transit-oriented development infrastructure improvement district program developed by the board pursuant to section 206E-F. See Hawaii Revised Statutes 206E-242
• Project: means :

  (1) An individual condominium project;

  (2) Two or more contiguous condominium projects that have been merged and for administrative purposes operate as a single condominium project;

  (3) An individual cooperative housing project;

  (4) An individual subdivision of single-family homes subject to one or more project instruments; or

  (5) An individual subdivision of townhomes subject to one or more project instruments. See Hawaii Revised Statutes 514E-1

• Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, a redevelopment project, or a residential project, all as defined as follows, or any combination thereof, which combination shall hereinafter be called and known as a "multipurpose project". See Hawaii Revised Statutes 206E-2
• Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, redevelopment project, residential project, or mixed-use project. See Hawaii Revised Statutes 206E-281
• Property: means an interest in real property located in this State that is transferable on the death of the owner. See Hawaii Revised Statutes 527-2
• Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Hawaii Revised Statutes 539-1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prospective adoptive parents: means a person, or persons who are married to each other, applying with the department to adopt a child or children. See Hawaii Revised Statutes 346-16
• Provider: means any person or public or private institution, agency or business concern authorized by the department to provide health care, service or supplies to beneficiaries of medical assistance. See Hawaii Revised Statutes 346-1
• Provider agency: means an organization, including its governing board, officers, employees, contractors, or agents, contracted by the department to provide labor and services to any homeless facility or any other program for the homeless authorized by this part that is:

  (1) A for-profit organization incorporated under the laws of the State; or

  (2) A nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax; that has a governing board whose members have no material conflict of interest and who serve without compensation, and that has adopted bylaws or policies that describe the manner in which business is conducted, including policies that relate to nepotism and management of potential conflict of interest situations. See Hawaii Revised Statutes 346-361

• Provider of financial assurance: means a person that provides evidence of financial responsibility for one or more underground storage tanks or tank systems. See Hawaii Revised Statutes 342L-1
• Public adjuster: means an adjuster employed by and solely representing the financial interests of the insured named in the policy. See Hawaii Revised Statutes 431:9-105
• Public agency: means any office, department, board, commission, bureau, division, public corporation agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206E-2
• Public assistance: means financial assistance to or for the benefit of persons whom the department has determined to be without sufficient means of support to maintain a standard consistent with this chapter, payments to or on behalf of such persons for medical care, and social service payments as described under the Social Security Act. See Hawaii Revised Statutes 346-1
• Public facilities: includes streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the district, sites for schools, parks, parking garage, sidewalks, pedestrian ways, and other community facilities. See Hawaii Revised Statutes 206E-2
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public schools: means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D. See Hawaii Revised Statutes 302A-101
• Public transit station: means a planned or existing station connected to a locally preferred alternative for a mass transit project. See Hawaii Revised Statutes 206E-281
• Purchase money contract: means any note, negotiable instrument, agreement of sale, installment sales contract, or other contract which evidences or embodies a debt arising from a purchase money loan made to a purchaser by the developer or a creditor (i) who is affiliated with the developer by common control, contract, or business arrangement, or (ii) to whom the developer referred the purchaser. See Hawaii Revised Statutes 514E-1
• Purchaser: means any person who has contracted to acquire a time share interest. See Hawaii Revised Statutes 514E-1
• Purchasing agency: means any governmental body which is authorized by this chapter or its implementing rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods, services, or construction. See Hawaii Revised Statutes 103D-104
• Qualified nonprofit housing trust: means a corporation, association, or other duly chartered organization that is registered and in good standing with the State; is recognized by the Internal Revenue Service as a charitable or otherwise tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and has the capacity and resources as determined by the authority to carry out the requirements of the reserved housing and workforce housing programs. See Hawaii Revised Statutes 206E-2
• Qualified person: means an alien or naturalized citizen of the United States who:

  (1) Is a resident of the State of Hawaii;

  (2) Is sixty years of age or older;

  (3) Is eligible to receive or receives financial assistance under this chapter on the date of the application for transportation assistance under this part. See Hawaii Revised Statutes 346-142

• Quorum: The number of legislators that must be present to do business.
• RCRA: means the Resource Conservation and Recovery Act, as amended, 42 United States Code §§ 6901 to 6991i. See Hawaii Revised Statutes 342J-2
• RCRA: means the federal Resource Conservation and Recovery Act, as amended, 42 United States Code, §§ 6901 to 6991i. See Hawaii Revised Statutes 342H-51
• Real estate broker or salesperson: means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who purports to be engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these. See Hawaii Revised Statutes 515-2
• Real estate purchase contract: means a contract, as it may be amended, by which a seller agrees to sell and a buyer agrees to buy residential real property which shall include a deposit, receipt, offer, acceptance, or other similar agreement for the sale or lease with option to buy. See Hawaii Revised Statutes 508D-1
• Real estate transaction: includes the sale, exchange, rental, or lease of real property. See Hawaii Revised Statutes 515-2
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: includes buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein. See Hawaii Revised Statutes 515-2
• Real property: means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 206E-2
• Recipient: means the person for whose use and benefit services are rendered or a grant of public assistance is made. See Hawaii Revised Statutes 346-1
• Record: means information that is inscribed on a tangible medium or that is stored in any medium and is retrievable in perceivable form. See Hawaii Revised Statutes 508C-2
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 517E-2
• Records: means any material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. See Hawaii Revised Statutes 487N-1
• Records: means any material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. See Hawaii Revised Statutes 487R-1
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recreational user: means any person who is on or about the premises that the owner of land either directly or indirectly invites or permits, without charge, entry onto the property for recreational purposes. See Hawaii Revised Statutes 520-2
• Recruit: means a noncitizen, nonresident person, recruited by an international matchmaking organization for the purpose of providing dating, matrimonial, or social referral services. See Hawaii Revised Statutes 489N-1
• Recycling: means the collection, separation, recovery, and sale or reuse of secondary resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material. See Hawaii Revised Statutes 342G-1
• Recycling: means the collection, separation, recovery, and sale or reuse of secondary resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material. See Hawaii Revised Statutes 342H-1
• Recycling facility: means all contiguous land and structures and other appurtenances, and improvements on the land used for the collection, separation, recovery, and sale [or] reuse of secondary resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material. See Hawaii Revised Statutes 342G-101
• Redeemer: means a person, other than a dealer or distributor, who demands the refund value in exchange for the empty deposit beverage container. See Hawaii Revised Statutes 342G-101
• Redemption center: means an operation which accepts from consumers and provides the refund value for empty deposit beverage containers intended to be recycled and ensures that the empty deposit beverage containers are properly recycled. See Hawaii Revised Statutes 342G-101
• Redemption rate: means the percentage of deposit beverage containers redeemed over a reporting period. See Hawaii Revised Statutes 342G-101
• Registering entity: means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See Hawaii Revised Statutes 539-1
• Registrar: means the registrar of the land court or the bureau of conveyances. See Hawaii Revised Statutes 507D-2
• Regulated substance: means an element, compound, mixture, solution, or substance that, when released into the environment, may present substantial danger to human health, welfare, or the environment. See Hawaii Revised Statutes 342L-1
• Release: includes , but is not limited to, any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or tank system. See Hawaii Revised Statutes 342L-1
• 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.
• Renovation: means altering in any way one or more facilities or structural components of a facility. See Hawaii Revised Statutes 342P-1
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Reserved housing: means housing designated for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule. See Hawaii Revised Statutes 206E-2
• Reserved housing: means housing designated for residents in the low- or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule. See Hawaii Revised Statutes 206E-101
• Reserved housing loan programs: includes all or any part of the loan to lenders program, the purchase of existing loans program, the advance commitments program, and the eligible loan and eligible project loan funding program authorized under this part. See Hawaii Revised Statutes 206E-101
• Resident day: means a calendar day of care provided to a nursing facility resident, including the day of admission and excluding the day of discharge; provided that one resident day shall be deemed to exist when admission and discharge occur on the same day. See Hawaii Revised Statutes 346F-3
• Residential project: means a project or that portion of a multipurpose project, including residential dwelling units, designed and intended for the purpose of providing housing and any facilities as may be incidental or appurtenant thereto. See Hawaii Revised Statutes 206E-2
• Residential real property: means fee simple or leasehold real property on which currently is situated:

  (1) From one to four dwelling units; or

  (2) A residential condominium or cooperative apartment, the primary use of which is occupancy as a residence. See Hawaii Revised Statutes 508D-1

• Resource family home: means any boarding home in which:
  (1) One or more, but fewer than six, minor children are received; or
  (2) Six or more minor siblings are placed together in the best interests of the children,

  for care and maintenance apart from their parents or guardians on a twenty-four hour basis for fee or charge. See Hawaii Revised Statutes 346-16

• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revenue bonds: means bonds, notes, or other evidence of indebtedness of the authority issued to finance any of the reserved housing loan programs under this part. See Hawaii Revised Statutes 206E-101
• Reverse vending machine: means a mechanical device, which accepts one or more types of empty deposit beverage containers and issues a redeemable credit slip with a value not less than the container's refund value. See Hawaii Revised Statutes 342G-101
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Revolving fund: means the water pollution control revolving fund established by section 342D-83. See Hawaii Revised Statutes 342D-80
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Rigid plastic container: means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more, but less than five gallons. See Hawaii Revised Statutes 342H-41
• Sales agent: means a person who sells or offers to sell for compensation a time share interest in a time share plan, except a person who acquired a time share interest for the person's own occupancy and later offers it for resale. See Hawaii Revised Statutes 514E-1
• Secondary resources: means postconsumer material collected and processed for feedstock in a manufacturing process. See Hawaii Revised Statutes 342G-1
• Secondary resources: means postconsumer material collected and processed for feedstock in a manufacturing process. See Hawaii Revised Statutes 342H-1
• Security: means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account. See Hawaii Revised Statutes 539-1
• Security account: means :

  (1) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or

  (2) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. See Hawaii Revised Statutes 539-1

• Security freeze: means a notice placed in a credit report at the request of the consumer or the protected consumer's representative. See Hawaii Revised Statutes 489P-2
• Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See Hawaii Revised Statutes 431:9A-102
• Service of process: The service of writs or summonses to the appropriate party.
• Services: means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. See Hawaii Revised Statutes 103D-104
• 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.
• Sewage: means human body wastes and the wastes from toilets and other receptacles intended to receive or retain human body waste. See Hawaii Revised Statutes 342D-101
• Sewage sludge: means any solid, semi-solid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Hawaii Revised Statutes 342D-1
• Sewage sludge: means residual solids and semisolids resulting from the treatment of wastewater. See Hawaii Revised Statutes 342G-1
• Sewerage system: means pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances, and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal. See Hawaii Revised Statutes 342D-1
• Sexual orientation: means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of these preferences, or being identified with any one or more of these preferences. See Hawaii Revised Statutes 515-2
• Shoreline: means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 342L-1
• Significant effect: means the sum of effects on the quality of the environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, are contrary to the State's environmental policies or long-term environmental goals as established by law, or adversely affect the economic welfare, social welfare, or cultural practices of the community and State. See Hawaii Revised Statutes 343-2
• Small commercial passenger vessel: means a commercial passenger vessel that provides overnight accommodations for two hundred forty-nine or fewer passengers for hire, determined with reference to the number of lower berths and based on an average of two persons per cabin. See Hawaii Revised Statutes 342D-101
• Social services: means crisis intervention, counseling, case management, and support activities such as day care and chore services provided by the department staff, by purchase of service, or by cooperative agreement with other agencies to persons meeting specified eligibility requirements. See Hawaii Revised Statutes 346-1
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See Hawaii Revised Statutes 431:9A-102
• Solid waste: means garbage, refuse, and other discarded materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, and agricultural operations, sludge from waste treatment plants and water supply treatment plants, and residues from air pollution control facilities and community activities, but does not include solid or dissolved materials in domestic sewage or other substances in water sources such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows, or other common water pollutants, or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. See Hawaii Revised Statutes 342H-1
• Solid waste: means garbage, refuse, and other discarded materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, and agricultural operations, sludge from waste treatment plants and water supply treatment plants, and residues from air pollution control facilities and community activities, but does not include solid or dissolved material in domestic sewage, irrigation return flows, or industrial discharges which are subject to permit under chapter 342D. See Hawaii Revised Statutes 342J-2
• Solid waste management: means the entire process, or any part thereof, of storage, collection, transportation, transfer, processing, and disposal of solid wastes by any person engaging in these processes. See Hawaii Revised Statutes 342G-1
• Solid waste management system: means a system for the storage, processing, treatment, transfer, or disposal of solid waste. See Hawaii Revised Statutes 342H-1
• Solid waste stream: means the total flow of solid waste from all waste generators or any segment thereof, that must be processed or disposed of. See Hawaii Revised Statutes 342G-1
• Source reduction: means the design, manufacture, and use of materials to:

  (1) Minimize the quantity or toxicity, or both, of the waste produced; and

  (2) Reduce the creation of waste either by redesigning products or by otherwise changing societal patterns of consumption, use, or waste generation. See Hawaii Revised Statutes 342G-1

• Special waste: means any solid waste which, because of its source or physical, chemical, or biological characteristics, requires special consideration for its proper processing or disposal, or both. See Hawaii Revised Statutes 342G-1
• Specification fuel: means recycled oil which meets specific standards that are set by the director. See Hawaii Revised Statutes 342J-51
• Specifications: means any description of the physical or functional characteristics, or of the nature of a good, service, or construction item. See Hawaii Revised Statutes 103D-104
• Spouse: means a person to whom the transferor is married or with whom the person is party to a civil union at the time of the permitted transfer. See Hawaii Revised Statutes 554G-2
• stadium authority: means the stadium authority established pursuant to section 109-1. See Hawaii Revised Statutes 206E-222
• Standard of performance: means a standard for the control of the discharge of water pollutants which reflects the greatest degree of effluent reduction which the director determines to be achievable through application of the best demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of water pollutants. See Hawaii Revised Statutes 342D-1
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 508C-2
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Hawaii Revised Statutes 539-1
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Hawaii Revised Statutes 553A-1
• State: means a state, commonwealth, territory, or possession of the United States, or the District of Columbia. See Hawaii Revised Statutes 554B-1
• State plan: means the integrated solid waste management plan developed by the department of health. See Hawaii Revised Statutes 342G-1
• State waters: means all waters, fresh, brackish, or salt, around and within the State including, but not limited to, coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, groundwaters, and lakes; provided that drainage ditches, canals, ponds, wetlands, and reservoirs required as a part of a water pollution control system or an irrigation system are excluded. See Hawaii Revised Statutes 342E-1
• State waters: means all waters, fresh, brackish, or salt, around and within the State, including but not limited to coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, ground waters, and lakes; provided that drainage ditches, ponds, and reservoirs required as a part of a water pollution control system are excluded. See Hawaii Revised Statutes 342D-1
• statement: means an informational document prepared in compliance with the rules adopted under § 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural practices of the community and State, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects. See Hawaii Revised Statutes 343-2
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Storage: means the containment of hazardous waste, temporarily or for a period of years, in a manner which does not constitute disposal. See Hawaii Revised Statutes 342J-2
• Subject property: means real property or an interest in real property that is subject to a transfer on death deed. See Hawaii Revised Statutes 527-2
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Surplus lines broker: means any person licensed under section 431:8-310 to place insurance on risks resident, located, or to be performed in this State with unauthorized insurers. See Hawaii Revised Statutes 431:8-102
• Surplus lines insurance: means any property and casualty insurance on risks procured from or placed with an unauthorized insurer under the laws of the insured's home state. See Hawaii Revised Statutes 431:8-102
• tank: means any one or combination of tanks (including pipes connected thereto) used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is ten per cent or more beneath the surface of the ground. See Hawaii Revised Statutes 342L-1
• tank system: means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any. See Hawaii Revised Statutes 342L-1
• Teacher: means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers. See Hawaii Revised Statutes 302A-101
• 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.
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Terminate: means :
  (1) To cancel the relationship between an insurance producer and an insurer; or
  (2) To terminate a producer's authority to transact insurance. See Hawaii Revised Statutes 431:9A-102
• Territorial seas: means the belt of the seas measured from the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles. See Hawaii Revised Statutes 342D-1
• Testate: To die leaving a will.
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Time share interest: means any interest in a time share unit or plan which entitles the owner or holder thereof to the use, occupancy or possession of a time share unit on a periodically recurring basis. See Hawaii Revised Statutes 514E-1
• Time share ownership plan: means any arrangement whether by tenancy in common, sale, deed or by other means, whereby the purchaser receives an ownership interest and the right to use the property for a specific or discernible period by temporal division. See Hawaii Revised Statutes 514E-1
• Time share plan: means any plan or program in which the use, occupancy, or possession of one or more time share units circulates among various persons for less than a sixty-day period in any year, for any occupant. See Hawaii Revised Statutes 514E-1
• Time share unit: means the actual and promised accommodations, and related facilities, which are the subject of a time share plan. See Hawaii Revised Statutes 514E-1
• Time share use plan: means any arrangement, excluding normal hotel operations, whether by membership agreement, lease, rental agreement, license, use agreement, security or other means, whereby the purchaser receives a right to use accommodations or facilities, or both, in a time share unit for a specific or discernible period by temporal division, but does not receive an ownership interest. See Hawaii Revised Statutes 514E-1
• Tire retailer: means any person who sells or offers to sell tires to the public. See Hawaii Revised Statutes 342I-21
• Tire wholesaler: means any person who sells or offers to sell tires to tire retailers or other volume buyers of tires. See Hawaii Revised Statutes 342I-21
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trade name: means any name used by an insurance producer to solicit insurance business in this State if the true legal name of an individual or a business entity cannot be used. See Hawaii Revised Statutes 431:9A-102
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transfer: means a transaction that creates custodial property under section 553A-9. See Hawaii Revised Statutes 553A-1
• Transfer: means the disposition, conveyance, or assignment of property, including the change in the legal ownership of property occurring upon the substitution of one trustee for another or the addition of one or more new trustees, or the exercise of a power that causes the disposition, conveyance, or assignment of permitted property to a trustee or trustees, but shall not include the release or relinquishment of an interest in property that was formerly the subject of a permitted transfer. See Hawaii Revised Statutes 554G-2
• Transfer on death deed: means a deed authorized under this chapter. See Hawaii Revised Statutes 527-2
• Transferor: means an individual who executes a transfer on death deed. See Hawaii Revised Statutes 527-2
• Transferor: means a person who makes a transfer under this chapter. See Hawaii Revised Statutes 553A-1
• Transferor: means a person who creates a custodial trust by transfer or declaration. See Hawaii Revised Statutes 554B-1
• Transferor: means :

  (1) An owner of permitted property;

  (2) The holder of a power of appointment that authorizes the holder to appoint in favor of the holder, the holder's creditors, the holder's estate, or the creditors of the holder's estate; or

  (3) A trustee who directly or indirectly makes a disposition of permitted property. See Hawaii Revised Statutes 554G-2

• Transient vacation rentals: means rentals in a multi-unit building to visitors over the course of one or more years, with the duration of occupancy less than thirty days for the transient occupant. See Hawaii Revised Statutes 514E-1
• Transitional shelter: means a homeless facility designed to provide temporary shelter and appropriate and available services for a maximum of twenty-four months to homeless families or individuals qualified by the pertinent provider agency or department to stay in the transitional shelter. See Hawaii Revised Statutes 346-361
• Transportation assistance: means the amount determined by the director under § 346-145. See Hawaii Revised Statutes 346-142
• Transporter: means a person engaged in the off-site transportation of hazardous waste by air, rail, highway, water, or pipeline. See Hawaii Revised Statutes 342J-2
• Treated sewage: means sewage that meets all applicable effluent limitation standards and processing requirements of the Federal Water Pollution Control Act, as amended, and regulations adopted under the same. See Hawaii Revised Statutes 342D-101
• Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize the waste or render it nonhazardous, less hazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See Hawaii Revised Statutes 342J-2
• Treatment works: means any plant or other facility used for the purpose of controlling water pollution. See Hawaii Revised Statutes 342D-1
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trust company: means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. See Hawaii Revised Statutes 553A-1
• Trust company: means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. See Hawaii Revised Statutes 554B-1
• Trust indenture: means an agreement by and between the authority and the trustee, which sets forth the duties of the trustee with respect to the revenue bonds, the security therefor, and other provisions as deemed necessary or convenient by the authority to secure the revenue bonds. See Hawaii Revised Statutes 206E-101
• Trust instrument: means an irrevocable instrument appointing a permitted trustee or permitted trustees for the permitted property that is the subject of a disposition. See Hawaii Revised Statutes 554G-2
• Trustee: A person or institution holding and administering property in trust.
• Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by court. See Hawaii Revised Statutes 554G-2
• Trustee: means a national or state bank or trust company within or without the State which enters into a trust indenture. See Hawaii Revised Statutes 206E-101
• Unauthorized insurer: means an insurer not holding a valid certificate of authority to transact an insurance business in the state in which the subject resident is located or in which the insurance contract will be performed. See Hawaii Revised Statutes 431:8-102
• Uniform application: means the current version of National Association of Insurance Commissioners' uniform application for resident and nonresident producer licensing. See Hawaii Revised Statutes 431:9A-102
• Uniform business entity application: means the current version of National Association of Insurance Commissioners' uniform business entity application for resident and nonresident business entities. See Hawaii Revised Statutes 431:9A-102
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unit owner: means the holder of the fee of a unit not used as a time share unit; except that if the fee is encumbered by a lease of at least five years duration, then the person entitled to possession shall be deemed to be the unit owner. See Hawaii Revised Statutes 514E-1
• Urban redevelopment site: means non-ceded state-owned lands within a one-mile radius of a public transit station in a county having a population greater than five hundred thousand. See Hawaii Revised Statutes 206E-281
• Used oil: means any oil (regardless of whether it is a hazardous waste) that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. See Hawaii Revised Statutes 342J-51
• Variance: means special written authorization from the director to cause or discharge waste or water pollution in a manner or in an amount in excess of applicable standards, or to do an act that deviates from the requirements of rules adopted under this chapter. See Hawaii Revised Statutes 342D-1
• Variance: means special written authorization from the director to cause or emit excessive noise in a manner or in an amount in excess of applicable standards, or to do an act that deviates from the requirements of rules adopted under this chapter. See Hawaii Revised Statutes 342F-1
• Variance: means special written authorization from the director to do an act that deviates from applicable standards or from the requirements of rules adopted under this chapter. See Hawaii Revised Statutes 342H-1
• Variance: means special written authorization from the director to own, install, or operate an underground storage tank or tank system in a manner deviating, or to do an act that deviates, from the requirements of rules adopted under this chapter. See Hawaii Revised Statutes 342L-1
• Variance: means the act of deviating from the requirements of rules adopted under this chapter or a license granted by the director to deviate from these rules. See Hawaii Revised Statutes 342P-1
• Vehicle: means any device in, upon, or by which any person or property is or may be transported or drawn, including boats and ships. See Hawaii Revised Statutes 342F-1
• Vessel: means any form or manner of watercraft, other than a seaplane on the water, whether or not capable of self-propulsion. See Hawaii Revised Statutes 342D-101
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Voyage: means a vessel trip to or from one or more ports of call in the State with the majority of the passengers for hire completing the entire vessel trip. See Hawaii Revised Statutes 342D-101
• waste: means any liquid, gaseous, and solid substance, whether treated or not, and whether or not it pollutes or tends to pollute state waters, and "waste" excludes industrial and agricultural substances that are not combined with substances from humans or household operations. See Hawaii Revised Statutes 342D-1
• Waste: means sewage, industrial and agricultural matter, and all other liquid, gaseous, or solid substance, including radioactive substance, whether treated or not, which may pollute or tend to pollute the atmosphere, lands or waters of this State. See Hawaii Revised Statutes 342H-1
• Waste evaluation: means a review of an establishment's disposal practices to assess how those practices can be improved to reduce waste or recover postconsumer materials. See Hawaii Revised Statutes 342G-1
• Waste reduction: means the reduction of solid waste by weight or volume, or both, through a variety of methods prior to disposal. See Hawaii Revised Statutes 342G-1
• wastewater: means any liquid "waste" as used above, whether treated or not. See Hawaii Revised Statutes 342D-1
• Wastewater treatment unit: means any plant or facility used in the treatment of wastewater. See Hawaii Revised Statutes 343-2
• Water cremation: means alkaline hydrolysis, which is the reduction of human remains to bone fragments and essential elements using heat, pressure, water, and base chemical agents. See Hawaii Revised Statutes 531B-2
• Water pollutant: means dredged spoil, solid refuse, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, sediment, cellar dirt and industrial, municipal, and agricultural waste. See Hawaii Revised Statutes 342D-1
• Water pollution: means :
  (1) Such contamination or other alteration of the physical, chemical, or biological properties of any state waters, including change in temperature, taste, color, turbidity, or odor of the waters, or
  (2) Such discharge of any liquid, gaseous, solid, radioactive, or other substances into any state waters,

  as will or is likely to create a nuisance or render such waters unreasonably harmful, detrimental, or injurious to public health, safety, or welfare, including harm, detriment, or injury to public water supplies, fish and aquatic life and wildlife, recreational purposes and agricultural and industrial research and scientific uses of such waters or as will or is likely to violate any water quality standards, effluent standards, treatment and pretreatment standards, or standards of performance for new sources adopted by the department. See Hawaii Revised Statutes 342D-1

• Water quality standards: means provisions of state law that provide for a designated use or designated uses for state waters and water quality criteria for the waters based upon these uses. See Hawaii Revised Statutes 342D-1
• White goods: means discarded, enamel-coated major appliances, such as washing machines, clothes dryers, hot water heaters, stoves, and refrigerators. See Hawaii Revised Statutes 342G-1
• Wood waste: means solid waste consisting of wood pieces or particles that are generated from: the manufacturing or production of wood products; the harvesting, processing, or storage of raw wood materials; and construction and demolition activities. See Hawaii Revised Statutes 342G-1
• Work eligible household: means a household in which at least one member is:

  (1) An adult receiving assistance under the temporary assistance for needy families program; or

  (2) A non-recipient parent, who is not a non-work eligible individual or an other work eligible individual. See Hawaii Revised Statutes 346-1

• Workforce housing: means new residential projects where at least seventy-five per cent of the residential units are set aside for purchase or rent for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rules and that do not require financial assistance for design and construction from federal, state, or county government agencies. See Hawaii Revised Statutes 206E-2
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Young adult: means a person who has attained the age of eighteen or older, but is less than twenty-one years of age. See Hawaii Revised Statutes 346-392