Terms Used In Hawaii Revised Statutes > Chapter 463 - Private Investigators and Guards

• Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 321-502
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Arrest: Taking physical custody of a person by lawful authority.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Board: means the board of private detectives and guards described in section 463-2. See Hawaii Revised Statutes 463-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compulsion: means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss. See Hawaii Revised Statutes 321-511
• Consumer: means a health care facility, health care professional, or health care provider, as defined in § 432E-1, or any individual who is prescribed durable medical equipment as the result of medical necessity. See Hawaii Revised Statutes 321-542
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Department: means the department of health. See Hawaii Revised Statutes 321-502
• Department: means the department of health unless otherwise specified in this part. See Hawaii Revised Statutes 321-511
• Department: means the department of health. See Hawaii Revised Statutes 321-531
• Department: means the department of health. See Hawaii Revised Statutes 321-542
• Director: means the director of health or the director's designated representative. See Hawaii Revised Statutes 321-502
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Durable medical equipment: means equipment that is considered a selected product under the Centers for Medicare and Medicaid Services durable medical equipment, prosthetics, orthotics, and supplies competitive bidding program that can stand repeated use; is primarily and customarily used to serve a medical purpose; is generally not useful to a person in the absence of an illness or injury; is appropriate for use in the home; does not contain any prescription drug; and is not considered to be a specialty item, equipment, or service. See Hawaii Revised Statutes 321-542
• Durable medical equipment supplier: means a person who sells, dispenses, delivers, or services durable medical equipment. See Hawaii Revised Statutes 321-542
• Emergency contraception: means one or more prescription drugs used separately or in combination that are:

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

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

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

• 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.
• Firm: means a sole proprietor, corporation, joint venture, limited liability partnership, limited liability corporation, partnership, association, or any other legal business entity. See Hawaii Revised Statutes 463-1
• Guard: means a registered uniformed or nonuniformed person responsible for the safekeeping of a client's properties and persons within contractually prescribed boundaries, and for observation and reporting relative to such safekeeping. See Hawaii Revised Statutes 463-1
• Guard agency: means a licensed firm engaged in the guard business. See Hawaii Revised Statutes 463-1
• Hospital: means any institution with an organized medical staff, regulated under sections 321-11(10) and 321-14. See Hawaii Revised Statutes 321-511
• Intellectual disability: means significantly subaverage general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period. See Hawaii Revised Statutes 321-502
• 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.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person with developmental or intellectual disabilities: means an adult with a developmental or intellectual disability. See Hawaii Revised Statutes 321-502
• Principal detective: means a licensed detective designated as the detective agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. See Hawaii Revised Statutes 463-1
• Principal guard: means a licensed guard designated as the guard agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. See Hawaii Revised Statutes 463-1
• private detective agency: means a licensed firm engaged in the private detective business. See Hawaii Revised Statutes 463-1
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sexual assault: means vaginal penetration without the person's consent, by compulsion or strong compulsion. See Hawaii Revised Statutes 321-511
• Sexual assault victim: means a person who alleges or is alleged to have been sexually assaulted and as a result of the sexual assault presents as a patient at a hospital. See Hawaii Revised Statutes 321-511
• Stroke coalition: means a multi-organizational process of public, private, and nonprofit organizations working together for a common purpose to improve stroke outcomes throughout the State. See Hawaii Revised Statutes 321-531
• Stroke database: means a stroke coalition-approved, existing, nationally recognized and validated data platform available to the department and all participating hospitals statewide and that has features to maintain confidentiality standards and data security. See Hawaii Revised Statutes 321-531
• Strong compulsion: means the use of or attempt to use one or more of the following to overcome a person:

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

  (2) A dangerous instrument; or

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

• Subpoena: A command to a witness to appear and give testimony.