Terms Used In Hawaii Revised Statutes > Chapter 490 - Uniform Commercial Code

• Absentee ballot: means a ballot as defined in § 11-1 used in absentee voting. See Hawaii Revised Statutes 15-1
• Account: means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;
  (2) "Afternoon" means the period of a day between noon and midnight;
  (3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions;
  (4) "Clearing-house" means an association of banks or other payors regularly clearing items;
  (5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;
  (6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (§ 490:8-102 ) or instructions for uncertificated securities (§ 490:8-102 ), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft;
  (7) "Draft" means a draft as defined in § 490:3-104 or an item, other than an instrument, that is an order;
  (8) "Drawee" means a person ordered in a draft to make payment;
  (9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. See Hawaii Revised Statutes 490:4-104
• Addicted to the excessive use of intoxicating liquor: refers to one who has acquired the habit of using intoxicating liquor excessively to deprive oneself of reasonable self-control, a common drunkard, or a habitual drunkard. See Hawaii Revised Statutes 281-1
• Adequate sanitary facilities: means toilets located in properly ventilated rooms with doors, hot and cold running water, sinks or wash basins, and other requirements as may be prescribed by rule of the board. See Hawaii Revised Statutes 439A-2
• Adjustment rate: means a percentage rate or rates of adjustment of the assessment base determined by the director of finance at the time the tax increment district is established, based on the historical and projected increases to the assessed values of taxable real property within the boundary of the tax increment district and the projected cost increases to the county for servicing the new developments within the tax increment district. See Hawaii Revised Statutes 46-102
• Administrator: means the official or officials administering the Federal Highway Act. See Hawaii Revised Statutes 264-21
• Advanced grid modernization technology: means equipment, facilities, and associated processes that individually or collectively function to improve the reliability, resiliency, flexibility, and efficiency of the Hawaii electric system. See Hawaii Revised Statutes 269-141
• Advanced practice registered nurse: means a person licensed pursuant to chapter 457. See Hawaii Revised Statutes 431M-1
• Advertisement: means any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium. See Hawaii Revised Statutes 437D-3
• 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.
• Adviser: means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended. See Hawaii Revised Statutes 490:5-102
• Aeronautics: means the science and art of flight, including but not limited to transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto. See Hawaii Revised Statutes 261-1
• agency: means an agency defined in § 53-1 or the Hawaii community development authority as established pursuant to chapter 206E. See Hawaii Revised Statutes 46-102
• Agricultural activities: means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment. See Hawaii Revised Statutes 269-1
• Aircraft: means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air. See Hawaii Revised Statutes 261-1
• Airport: means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, including approaches, together with all airport buildings and facilities located thereon. See Hawaii Revised Statutes 261-1
• Alarm business: means any individual, corporation, or other business entity that engages in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system in or on any building, place, or premises, except motor vehicles. See Hawaii Revised Statutes 436M-1
• Alarm system: means any device that is designed for the detection of an unauthorized entry into any building, place, or premises, except motor vehicles, or for alerting others to the commission of an unlawful act, or both, and that emits a sound or transmits a signal or message when activated. See Hawaii Revised Statutes 436M-1
• Alcohol: means the product of distillation of any fermented liquid, whether rectified or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but not denatured or other alcohol which is considered nonpotable under the customs laws of the United States. See Hawaii Revised Statutes 281-1
• Alcohol dependence: means any use of alcohol which produces a pattern of pathological use causing impairment in social or occupational functioning or produces physiological dependency evidenced by physical tolerance or withdrawal. See Hawaii Revised Statutes 431M-1
• Alcohol or drug dependence outpatient services: means alcohol or drug dependence nonresidential treatment provided on an ambulatory basis to patients with alcohol or drug dependence problems that includes interventions prescribed and performed by qualified physicians, psychologists, licensed clinical social workers, licensed marriage and family therapists, licensed mental health [counselors], or advanced practice registered nurses. See Hawaii Revised Statutes 431M-1
• 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.
• Amortization: Paying off a loan by regular installments.
• Ancillary agreement: means any bond insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other related bond document or other similar agreement or arrangement entered into in connection with the issuance of bonds that is designed to promote the credit quality and marketability of the bonds or to mitigate the risk of an increase in interest rates. See Hawaii Revised Statutes 269-161
• Ancillary services: means those essential grid support services provided by a facility, or other equipment to support and ensure the reliable generation, transmission, and distribution of electricity, including frequency response and regulation, inertial response, reactive power and voltage control, and operating reserves. See Hawaii Revised Statutes 269-141
• 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.
• Applicant: means a person at whose request or for whose account a letter of credit is issued. See Hawaii Revised Statutes 490:5-102
• Appraisal: A determination of property value.
• Apprentice permit: means a permit issued by the board, upon registration and payment of application and registration fees, to a barber apprentice or beauty apprentice. See Hawaii Revised Statutes 439A-2
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means funds collected by an association from association members to operate and manage the association, maintain property within the planned community for the common use or benefit of association members, or provide services to association members. See Hawaii Revised Statutes 421J-2
• Assessment base: means the total assessed values of all taxable real property in a tax increment district as most recently certified by the director of finance on the date of creation of the tax increment district. See Hawaii Revised Statutes 46-102
• Assessment increment: means the amount by which the current assessed values of taxable real property located within the boundaries of a tax increment district exceeds its assessment base. See Hawaii Revised Statutes 46-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means a nonprofit, incorporated, or unincorporated organization:

  (1) Upon which responsibilities are imposed and to which authority is granted in a declaration that governs a planned community;

  (2) That is a planned community association as defined under section 607-14; or

  (3) That is a homeowners' association, in which:

  (A) The voting membership is made up of ten or more parcel owners or their proxies, or a combination thereof; and

  (B) Assessments may be imposed that, if unpaid, may become a lien on the parcel. See Hawaii Revised Statutes 421J-2

• Association documents: means the articles of incorporation or other document creating the association, if any, the bylaws of the association, the declaration or similar organizational documents and any exhibits thereto, any rules related to use of common areas, architectural control, maintenance of units, restrictions on the use of units, or payment of money as a regular assessment or otherwise in connection with the provisions, maintenance, or services for the benefit of some or all of the units, the owners, or occupants of the units or the common areas, as well as any amendments made to the foregoing documents. See Hawaii Revised Statutes 421J-2
• Athlete: means a person who prepares for or participates in organized sports or sports-related activities, amateur or recreational sports involving athletic competition, including interscholastic, intercollegiate, intramural, semiprofessional, or professional sports activities. See Hawaii Revised Statutes 436H-2
• Athletic trainer: means an individual, whether or not registered under this chapter, who engages in the practice of athletic training or represents oneself to be an athletic trainer. See Hawaii Revised Statutes 436H-2
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Audible alarm system: means any alarm system that emits a sound when activated. See Hawaii Revised Statutes 436M-1
• Authority: means the Hawaii green infrastructure authority established under § 196-63. See Hawaii Revised Statutes 269-161
• Automatic telephone dialer: means any alarm system that, when activated, dials a programmed telephone number and, when the telephone is answered, plays a recorded message informing the listener of an unauthorized entry or unlawful act. See Hawaii Revised Statutes 436M-1
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Hawaii Revised Statutes 490:7-102
• Ballot: includes :

  (1) A ballot summary reflecting a complete record of the ballot selections made by a voter utilizing an HTML ballot or similar accessible ballot that produces a ballot summary;

  (2) A voter verifiable paper audit trail in the event there is a discrepancy between a voting machine's electronic record of the voted ballot and the voter verifiable paper audit trail; and

  (3) A ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. See Hawaii Revised Statutes 11-1

• Ballot summary: means a complete record of ballot selections that is verified by the voter. See Hawaii Revised Statutes 11-1
• 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.
• Barber: means a person licensed in the State to engage in the practice of barbering for compensation. See Hawaii Revised Statutes 439A-2
• Barber apprentice: means a person registered with the board to learn the practice of barbering within a barber shop or beauty shop and while learning assists in the practice of barbering under the immediate direction and supervision of a barber or beauty operator with the license category of cosmetologist or hairdresser for the hairdresser portion of training. See Hawaii Revised Statutes 439A-2
• Barber school: means a school duly licensed by the department of education and engaged in teaching the practice of barbering. See Hawaii Revised Statutes 439A-2
• Barber shop: means an establishment or a place of business licensed in the State that engages in or carries on the practice of barbering as the primary purpose of that establishment or place of business; provided that the practice of cosmetology is allowed. See Hawaii Revised Statutes 439A-2
• Basic exchange service: means those services consisting of single-line dial tone, touch-tone dialing, access to operator service, access to enhanced 911, telecommunications relay service, telephone directory, and access to directory-assistance service via 411 dialing. See Hawaii Revised Statutes 269-1
• Beauty apprentice: means a person registered with the board to learn the practice of cosmetology within a barber shop or beauty shop and while learning assists in any of the practices of cosmetology under the immediate direction and supervision of a barber or beauty operator. See Hawaii Revised Statutes 439A-2
• Beauty instructor: means a person licensed in the State who teaches the practice of cosmetology. See Hawaii Revised Statutes 439A-2
• Beauty operator: means one of the following license categories: cosmetologist, hairdresser, esthetician, or nail technician. See Hawaii Revised Statutes 439A-2
• Beauty school: means a school licensed in the State to engage in teaching the practice of cosmetology. See Hawaii Revised Statutes 439A-2
• Beauty shop: means an establishment or a place of business licensed in the State that engages in or carries on the practice of cosmetology as the primary purpose of that establishment or place of business; provided that the practice of barbering is allowed. See Hawaii Revised Statutes 439A-2
• Beer: means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley or other grain, malt, and hops in water. See Hawaii Revised Statutes 281-1
• 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 who is a member, subscriber, enrollee, or dependent of a member, subscriber, or enrollee of or otherwise covered under a prescription drug benefit plan. See Hawaii Revised Statutes 431R-1
• Beneficiary: means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. See Hawaii Revised Statutes 490:5-102
• Bequest: Property gifted by will.
• 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
• board: means the executive board or other body, regardless of name, designated in the association documents to act on behalf of the association. See Hawaii Revised Statutes 421J-2
• board: means the governing body of the risk retention group elected by the shareholders or members to establish policy, elect or appoint officers and committees, and make other governing decisions. See Hawaii Revised Statutes 431K-1
• Board: means the board of acupuncture. See Hawaii Revised Statutes 436E-2
• Board: means the motor vehicle repair industry board. See Hawaii Revised Statutes 437B-1
• Board: means the board of barbering and cosmetology as established pursuant to section -4. See Hawaii Revised Statutes 439A-2
• board: means a board established by county charter, within a county, that shall have the jurisdiction to hear and determine complaints or violations of liquor laws and to impose penalties as may be provided in this chapter. See Hawaii Revised Statutes 281-1
• Board: means the board of water supply or water board of any county. See Hawaii Revised Statutes 46-141
• Bondholder: means any holder or owner of a bond. See Hawaii Revised Statutes 269-161
• Boxing: means a contest in which the act of attack and defense is practiced with gloved fists by two contestants. See Hawaii Revised Statutes 440-1
• Business day: means any day excluding Saturdays, Sundays, and state or federal holidays. See Hawaii Revised Statutes 11-1
• Buyer: means a person who buys or contracts to buy goods. See Hawaii Revised Statutes 490:2-103
• Capital costs: means part or all of the cost for capital improvements. See Hawaii Revised Statutes 264-121
• Capital improvements: means the acquisition of real property, improvements to expand capacity and serviceability of existing public facilities, and the development of new public facilities. See Hawaii Revised Statutes 46-141
• capitated basis: includes the cost associated with operating staff model facilities. See Hawaii Revised Statutes 432G-1
• Carrier: means a dental insurer, a health maintenance organization, an insurer, a nonprofit hospital and medical service corporation, a mutual benefit society, or other entity responsible for the payment of benefits or provision of services under a group contract. See Hawaii Revised Statutes 432G-1
• Carrier: means a person that issues a bill of lading. See Hawaii Revised Statutes 490:7-102
• Carrier of last resort: means a telecommunications carrier designated by the commission to provide universal service in a given local exchange service area determined to be lacking in effective competition. See Hawaii Revised Statutes 269-1
• Certified mechanic: is a motor vehicle mechanic who has successfully passed the certification tests in any or all of the certification specialties set forth in this chapter. See Hawaii Revised Statutes 437B-1
• Certified substance abuse counselor: means a person who is certified pursuant to § 321-193. See Hawaii Revised Statutes 431M-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 437B-1
• Clean energy technology: means any technology as defined in section 269-121(b). See Hawaii Revised Statutes 269-161
• Closing hour of voting: means 7:00 p. See Hawaii Revised Statutes 11-1
• Club: means a promoter, corporation, joint venture, partnership, limited liability corporation, limited liability partnership, or any other type of business entity that promotes, conducts, holds, or gives a boxing contest. See Hawaii Revised Statutes 440-1
• Club: means any organization for objects of a social, patriotic, political, or athletic nature, or the like, but not for pecuniary gain, having a regular membership to all of whom is charged monthly or quarterly dues, employing a full-time steward, and from which organization no person is entitled to or takes, directly or indirectly, any share of the profits thereof. See Hawaii Revised Statutes 281-1
• Commission: means the Kaho'olawe island reserve commission. See Hawaii Revised Statutes 6K-2
• Commission: means the state boxing commission. See Hawaii Revised Statutes 440-1
• Commission: means the liquor commission for the county within which such commission has jurisdiction under this chapter. See Hawaii Revised Statutes 281-1
• Commission: means the public utilities commission. See Hawaii Revised Statutes 269-141
• Commissioner: means the insurance commissioner of this State. See Hawaii Revised Statutes 431K-1
• Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431S-1
• Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 432C-1
• Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 432G-1
• 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 development plan: means a plan established pursuant to section 206E-5. See Hawaii Revised Statutes 46-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Completed operations liability: means liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by any person who:

  (1) Performs that work; or

  (2) Hires an independent contractor to perform that work; but shall include liability for activities which are completed or abandoned before the date of the occurrence giving rise to the liability. See Hawaii Revised Statutes 431K-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
• Comprehensive plan: means a coordinated land use plan for the development of public facilities within the jurisdiction of a county based on existing and anticipated needs, showing existing and proposed developments, stating principles to which future development should conform, such as the county's general plans, development plans, or community plans, and the manner in which development should be controlled. See Hawaii Revised Statutes 46-141
• 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 hotel: means an establishment consisting of one or more buildings that includes:

  (1) Guest rooms that are units, as defined in § 514B-3, which are used to provide transient lodging for periods of less than thirty days under a written contract with the owner of the apartment or unit in the condominium hotel operation; and

  (2) Guest rooms that are units, owned or managed by the condominium hotel operator providing transient lodging for periods of less than thirty days, which are offered for adequate pay to transient guests. See Hawaii Revised Statutes 281-1

• Condominium hotel operator: means any person who operates a condominium hotel, including but not limited to, a condominium hotel operator registered under section 467-30. See Hawaii Revised Statutes 281-1
• Confirmer: means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another. See Hawaii Revised Statutes 490:5-102
• Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Hawaii Revised Statutes 490:7-102
• Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Hawaii Revised Statutes 490:7-102
• Contest: means match or exhibition. See Hawaii Revised Statutes 440-1
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Hawaii Revised Statutes 490:2-106
• Conversion: means the transfer or sale of a significant amount of a nonprofit entity's assets to a for-profit entity or through any other means as determined by the commissioner. See Hawaii Revised Statutes 432C-1
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• Copayment: means an amount an enrollee must pay to receive a specific service which is not fully prepaid. See Hawaii Revised Statutes 432G-1
• Corrugated paper: means a paper product fabricated from two layers of kraft linerboard sandwiched around a corrugating medium. See Hawaii Revised Statutes 342G-1
• Cosmetologist: means a licensed person who engages in the practices of a hairdresser, esthetician, and nail technician for compensation. See Hawaii Revised Statutes 439A-2
• Council: means the council of the county in which a tax increment district is situated. See Hawaii Revised Statutes 46-102
• Council: means the county council. See Hawaii Revised Statutes 46-162
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County: means the county in respect of which each commission has jurisdiction under this chapter; provided that in the county of Kalawao liquor may be sold only by such persons and only under such conditions as may be permitted or prescribed from time to time by the department of health. See Hawaii Revised Statutes 281-1
• County executive agency: means any department, office, board, or commission of a county. See Hawaii Revised Statutes 46-122
• County legislative body: means the city council or county council of a county. See Hawaii Revised Statutes 46-122
• Covered entity: means :

  (1) A health benefits plan regulated under chapter 87A; health insurer regulated under article 10A of chapter 431; mutual benefit society regulated under article 1 of chapter 432; or health maintenance organization regulated under chapter 432D; provided that a "covered entity" under this paragraph shall not include a health maintenance organization regulated under chapter 432D that owns or manages its own pharmacies;

  (2) A health program administered by the State in the capacity of a provider of health coverage; or

  (3) An employer, labor union, or other group of persons organized in the State that provides health coverage to covered persons employed or residing in the State. See Hawaii Revised Statutes 431S-1

• Crash parts: means motor vehicle replacement parts, either sheet metal or plastic, which constitute the visible exterior of the vehicle, including inner and outer panels, and which are repaired or replaced as the result of a collision. See Hawaii Revised Statutes 437B-1
• Credits: means the present value of past or future payments or contributions, including, but not limited to, the dedication of land or construction of a public facility made by a developer toward the cost of existing or future public facility capital improvements, except for contributions or payments made under a development agreement pursuant to § 46-123. See Hawaii Revised Statutes 46-141
• Damage waiver: means any contract or contractual provision, whether separate from or a part of a rental agreement, whereby the lessor agrees, for a charge, to waive any or all claims against the lessee for any damages to the rental motor vehicle during the term of the rental agreement. See Hawaii Revised Statutes 437D-3
• Day treatment services: means treatment services provided by a hospital, mental health outpatient facility, or nonhospital facility to patients who, because of their conditions, require more than periodic hourly service. See Hawaii Revised Statutes 431M-1
• 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
• Decedent: A deceased person.
• Declaration: means any recorded association document, however denominated, that imposes obligations on the owners of the units with respect to maintenance or operational responsibilities for the common area, architectural control, maintenance of units, or restrictions on the use of units. See Hawaii Revised Statutes 421J-2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See Hawaii Revised Statutes 490:7-102
• Dental care services: include the practices, acts, and operations pertaining to dentistry as defined in section 448-1. See Hawaii Revised Statutes 432G-1
• Dental insurer: means any person who undertakes to provide or to arrange for or administer one or more dental insurance plans and who has met the requirements of chapter 423. See Hawaii Revised Statutes 432G-1
• Dental service corporation: means a corporation established pursuant to section 423-1. See Hawaii Revised Statutes 432G-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 6K-2
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 436E-2
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 436H-2
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 437B-1
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 439A-2
• Department: means the department of transportation. See Hawaii Revised Statutes 261-1
• 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 transportation. See Hawaii Revised Statutes 264-121
• department: means the department of transportation. See Hawaii Revised Statutes 264-141
• Department: means the department of business, economic development, and tourism, or any successor by law. See Hawaii Revised Statutes 269-161
• 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
• Designated local exchange service area: means an area as determined by the commission to be best served by designating a carrier of last resort pursuant to § 269-43. See Hawaii Revised Statutes 269-1
• Detoxification services: means the process whereby a person intoxicated by alcohol, drugs, or both, or a person who is dependent upon alcohol, drugs, or both, is assisted through the period of time necessary to eliminate, by metabolic or other means, the intoxicating alcohol or drug dependency factors, as determined by a physician or advanced practice registered nurse, while keeping the physiological risk to the person at a minimum. See Hawaii Revised Statutes 431M-1
• Developer: means a person, corporation, organization, partnership, association, or other legal entity constructing, erecting, enlarging, altering, or engaging in any development activity. See Hawaii Revised Statutes 46-141
• Development: means any artificial change to real property that requires a county grading or building permit including but not limited to construction, expansion, enlargement, alteration, or erection of buildings or structures. See Hawaii Revised Statutes 264-121
• Development: means any artificial change to real property that requires a grading or building permit as appropriate, including, but not limited to, construction, expansion, enlargement, alteration, or erection of buildings or structures. See Hawaii Revised Statutes 46-141
• Development rights: means the rights permitted for a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bulk, or height of improvements thereon. See Hawaii Revised Statutes 46-162
• Devise: To gift property by will.
• Dial tone: means the ability to make or receive telephone calls with or without operator intervention. See Hawaii Revised Statutes 269-1
• Director: means a natural person designated in the articles of the risk retention group or designated, elected, or appointed by any other manner, name, or title to act as a director. See Hawaii Revised Statutes 431K-1
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 436E-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 436H-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 437D-3
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 439A-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 440-1
• Director: means the director of transportation. See Hawaii Revised Statutes 261-1
• 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 transportation. See Hawaii Revised Statutes 264-121
• Director of finance: means the officer or officers of the county charged with the responsibility of administering the real property taxation function of the county. See Hawaii Revised Statutes 46-102
• Discontinuance: means the termination of the contract between a group contract holder and a dental insurer due to the insolvency of the dental insurer, and does not refer to the termination of any agreement between any individual subscriber and a dental insurer. See Hawaii Revised Statutes 432G-1
• Discount rate: means the interest rate, expressed in terms of an annual percentage, that is used to adjust past or future financial or monetary payments to present value. See Hawaii Revised Statutes 46-141
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disposal: means the management of solid waste through incineration or landfilling at permitted solid waste facilities. See Hawaii Revised Statutes 342G-1
• District: means , unless otherwise specified, the district of political representation associated with a state representative. See Hawaii Revised Statutes 11-1
• district: means a contiguous or noncontiguous geographic area designated pursuant to § 46-103 by the county council for the purpose of tax increment financing. See Hawaii Revised Statutes 46-102
• Docket: A log containing brief entries of court proceedings.
• Document: includes any application, complaint, pleading, brief, answer, motion, memorandum, declaration, exhibit, certificate of service, and other papers filed by or with the commission. See Hawaii Revised Statutes 269-1
• Document: means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion (i) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in section 490:5-108(e), and (ii) which is capable of being examined for compliance with the terms and conditions of the letter of credit. See Hawaii Revised Statutes 490:5-102
• Drug dependence: means any pattern of pathological use of drugs causing impairment in social or occupational functioning and producing psychological or physiological dependency or both, evidenced by physical tolerance or withdrawal. See Hawaii Revised Statutes 431M-1
• Elected executive head: means the mayor of each county or the mayor's duly appointed or elected successor. See Hawaii Revised Statutes 281-1
• Election officials: means persons designated as officials by the chief election officer. See Hawaii Revised Statutes 11-1
• Electric element: means any plant, line, cable, facility, control system, equipment, or other technology used for the generation, transmission, distribution, storage, regulation, or physical control of electricity. See Hawaii Revised Statutes 269-141
• Electric utilities: means all electric utilities subject to billing, collecting, and remitting the public benefits fee, or the green infrastructure fee, at the time the financing order becomes final, and any other electric utility designated in the financing order. See Hawaii Revised Statutes 269-161
• Electronic transmission: means the transmission of a blank or voted ballot by facsimile, electronic mail delivery, or the utilization of an online absentee ballot delivery and return system that may include the ability to mark the ballot. See Hawaii Revised Statutes 15-1
• Electronic transmission: means the transmission of a blank or voted ballot by facsimile or electronic mail delivery, or the use of an online absentee ballot delivery and return system, which may include the ability to mark the ballot. See Hawaii Revised Statutes 11-1
• Eligible customer-generator: means a metered residential or commercial customer, including a government entity, of an electric utility who owns and operates a solar, wind turbine, biomass, or hydroelectric energy generating facility, or a hybrid system consisting of two or more of these facilities, that is:

  (1) Located on the customer's premises;

  (2) Operated in parallel with the utility's transmission and distribution facilities;

  (3) In conformance with the utility's interconnection requirements; and

  (4) Intended primarily to offset part or all of the customer's own electrical requirements. See Hawaii Revised Statutes 269-101

• Enforcement officer: means any person employed and authorized by the commission to investigate any matter on behalf of the commission. See Hawaii Revised Statutes 269-1
• Enrollee: means an individual who is covered by a dental insurer. See Hawaii Revised Statutes 432G-1
• 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
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• establishment: means a single physical location where the selling of liquor takes place. See Hawaii Revised Statutes 281-1
• Esthetician: means a person licensed in the State who, with hands or nonmedically prescribed mechanical or electrical apparatus or devices or by use of cosmetic preparations, antiseptics, tonics, lotions, or creams, engages for compensation in any of the following practices:
  (1) Massaging, cleansing, stimulating, manipulating, exercising, beautifying, or doing similar work on the scalp, face, neck, hands, arms, bust, upper part of the body, legs, or feet;
  (2) Cleansing, exfoliating, wrapping, or doing similar work upon the entire body, without direct contact by the hands and utilizing gloves, loofah mitts, or brushes; or
  (3) Removing superfluous hair about the body of any person by means other than electrolysis. See Hawaii Revised Statutes 439A-2
• 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
• Executive officer: means the executive officer assigned to the commission. See Hawaii Revised Statutes 440-1
• Executor: A male person named in a will to carry out the decedent
• 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.
• False alarm: means any alarm activation that is communicated to the police but that is not in response to an actual or threatened criminal act. See Hawaii Revised Statutes 436M-1
• feasibility study: means an analysis which presents the expected activities and results of a risk retention group including, not less than the following:

  (1) The coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer;

  (2) Historical and expected loss experience of the proposed members and national experience of similar exposures to the extent that this experience is reasonably available;

  (3) Pro forma financial statements and projections;

  (4) Appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premiums or participation levels required to commence operations and to prevent a hazardous financial condition;

  (5) Identification of management, underwriting procedures, managerial oversight methods, investment policies;

  (6) Identification of each state in which the risk retention group has obtained, or sought to obtain, a charter and license, and a description of its status in each state; and

  (7) Other matters as may be prescribed by the commissioner for liability insurance companies authorized by the insurance laws of the state in which the risk retention group is chartered. See Hawaii Revised Statutes 431K-1

• Federal Highway Act: means Title 23 of the United States Code, and all acts of the Congress of the United States amendatory or supplementary thereto, including future enactments not requiring substantial changes of the powers and duties provided for by this part. See Hawaii Revised Statutes 264-21
• 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}
• Federal-aid funds: means funds appropriated by the Congress of the United States under or for the purposes of the Federal Highway Act, in which the State is entitled to share. See Hawaii Revised Statutes 264-21
• Federal-aid project: means any project for the construction or reconstruction of any highway or portion thereof upon which federal-aid funds are to be, are being, or have been, expended, in connection with local appropriations as in this section defined. See Hawaii Revised Statutes 264-21
• Fiduciary: A trustee, executor, or administrator.
• Financially impaired: means that a risk retention group:

  (1) Has admitted assets that are less than the sum of its aggregate liabilities and the amount of surplus to policyholders required to be maintained by a risk retention group chartered in this State and authorized to do the same kind or kinds of insurance; or

  (2) Has admitted assets that are less than the sum of its aggregate liabilities and outstanding capital stock; or

  (3) Is insolvent. See Hawaii Revised Statutes 431K-1

• Financing costs: means any of the following:

  (1) Principal and interest payable on bonds;

  (2) Any payment required under an ancillary agreement;

  (3) Any amount required to fund or replenish a reserve account or another account established under any indenture, ancillary agreement, or other financing document relating to the issuance of bonds;

  (4) Any redemption or call premium or cost of redeeming or refunding any existing debt of the department in connection with either the issuance of, or the use of proceeds from, bonds;

  (5) Any costs incurred by the department to modify or amend any indenture, financing agreement, security agreement, or similar agreement or instrument securing any bond or any ancillary agreement;

  (6) Any costs incurred by the department to obtain any consent, release, waiver, or approval from any bondholder or of any party to an ancillary agreement that are necessary to be incurred for the department to issue bonds;

  (7) Any costs related to issuing or servicing bonds or related to obtaining a financing order, including servicing fees and expenses, trustee fees and expenses, legal, accounting, or other professional fees and expenses, administrative fees, placement fees, underwriting fees and discounts, capitalized interest and equity, and rating-agency fees; or loan program administration costs as authorized for recovery under a financing order or orders; or

  (8) Any other similar costs incident to the issuance, administration, or servicing of the bonds that the department finds appropriate. See Hawaii Revised Statutes 269-161

• Financing order: means an order issued at the request of the department by the public utilities commission under this part that has become final as provided by law, and that authorizes the issuance of bonds and the imposition, adjustment from time to time, and collection of green infrastructure fees. See Hawaii Revised Statutes 269-161
• Financing party: means :

  (1) Any trustee, collateral agent, or other person acting for the benefit of a bondholder; or

  (2) Any party to an ancillary agreement, the rights and obligations of which relate to or depend upon the existence of green infrastructure property and green infrastructure fees, the enforcement and priority of a security interest in green infrastructure property, the timely collection and payment of green infrastructure fees, or a combination of these factors. See Hawaii Revised Statutes 269-161

• 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).
• For-profit entity: means a corporation organized under chapter 414, including a stock insurance company. See Hawaii Revised Statutes 432C-1
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gap group individuals: means medically uninsured persons who are residents of the State. See Hawaii Revised Statutes 431N-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
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact in the conduct or transaction concerned. See Hawaii Revised Statutes 490:5-102
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Hawaii Revised Statutes 490:7-102
• Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Hawaii Revised Statutes 490:7-102
• Grantor: The person who establishes a trust and places property into it.
• green infrastructure bond: means any bond, note or other evidence of indebtedness that is issued by the State, acting through the department, under a financing order, the proceeds of which are used directly or indirectly to recover, finance, or refinance financing costs of clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure, programs, and services, and that are secured by or payable from green infrastructure property. See Hawaii Revised Statutes 269-161
• Green infrastructure bond fund: means the special fund created pursuant to § 196-67. See Hawaii Revised Statutes 269-161
• Green infrastructure charge: means the on-bill charges as defined in § 196-61. See Hawaii Revised Statutes 269-161
• Green infrastructure fee: means the nonbypassable fees and charges authorized by section 269-166 and in a financing order authorized under this part to be imposed on and collected from all existing and future customers of electric utilities or any successor. See Hawaii Revised Statutes 269-161
• Green infrastructure loan program order: means an order issued by the public utilities commission under section 269-171 that establishes the use or other disposition of amounts deposited and held in the Hawaii green infrastructure special fund pursuant to § 196-65. See Hawaii Revised Statutes 269-161
• Green infrastructure property: means the property, rights, and interests created by the public utilities commission under a financing order, including the right to impose, charge, and collect from electric utility customers the green infrastructure fee that shall be used to pay and secure the payment of bonds and financing costs, including the right to obtain adjustments to the green infrastructure fee, and any revenues, receipts, collections, rights to payment, payments, moneys, claims, or other proceeds arising from the rights and interests created by the public utilities commission under any financing order. See Hawaii Revised Statutes 269-161
• Green infrastructure special fund: means the special fund created pursuant to § 196-65. See Hawaii Revised Statutes 269-161
• Grievance: means a written complaint submitted in accordance with the dental insurer's formal grievance procedure by or on behalf of an enrollee regarding any aspect of the dental insurer relative to the enrollee. See Hawaii Revised Statutes 432G-1
• Gross sales: means the total receipts actually received from the sale of liquor for which the license has been issued without deduction on account of the cost of property sold or expenses of any kind. See Hawaii Revised Statutes 281-1
• Group contract: means a contract for dental care services which by its terms limits eligibility to members of a specified group. See Hawaii Revised Statutes 432G-1
• Group contract holder: means the person to which a group contract has been issued. See Hawaii Revised Statutes 432G-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.
• Hairdresser: means a person licensed in the State who engages for compensation in any of the following practices: arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, relaxing, or similar work upon the hair of another person. See Hawaii Revised Statutes 439A-2
• Hawaii electric system: means all electric elements located within the State together with all interconnections located within the State that collectively provide for the generation, transmission, distribution, storage, regulation, or physical control of electricity over a geographic area; provided that this term shall not include any electric element operating without any interconnection to any other electric element located within the State. See Hawaii Revised Statutes 269-141
• Hazardous financial condition: means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to:

  (1) Meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or

  (2) Pay other obligations in the normal course of business. See Hawaii Revised Statutes 431K-1

• HCFC: means any member of the family of substances containing hydrogen, carbon, fluorine, and chlorine, including, without limitation, those compounds known as HCFC-22 and HCFC-123, and any combination or mixture containing any of these hydrochlorofluorocarbon compounds. See Hawaii Revised Statutes 437B-1
• Health care coverage: means contractually arranged medical, personal, or other services, including preventive services, education, case management, and outreach, provided to an eligible member. See Hawaii Revised Statutes 431N-2
• Hospital: means a facility licensed as a hospital by the department of health and accredited by The Joint Commission. See Hawaii Revised Statutes 431M-1
• Hotel: means an establishment consisting of one or more buildings which contain such total number of rooms as may be prescribed by the commission and in which rooms sleeping accommodations are provided and offered for adequate pay to transient or permanent guests. See Hawaii Revised Statutes 281-1
• Hybrid transaction: means a single transaction involving the sale of goods and:
  (a) The provision of services;
  (b) The lease of other goods; or
  (c) The sale, lease, or license of property other than goods. See Hawaii Revised Statutes 490:2-106
• Impact fees: means the charges imposed upon a developer by a county or board to fund all or a portion of the public facility capital improvement costs required by the development from which it is collected, or to recoup the cost of existing public facility capital improvements made in anticipation of the needs of a development. See Hawaii Revised Statutes 46-141
• In-hospital services: means the provision of medical, nursing, or therapeutic services twenty-four hours a day in a hospital. See Hawaii Revised Statutes 431M-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}
• Individual contract: means a contract for dental care services issued to and covering an individual. See Hawaii Revised Statutes 432G-1
• insolvency: means that the dental insurer has been declared insolvent and placed under an order of supervision, rehabilitation, or liquidation by the commissioner or a court of competent jurisdiction. See Hawaii Revised Statutes 432G-1
• Insolvent: means that a risk retention group has admitted assets that are less than the aggregate amount of its liabilities. See Hawaii Revised Statutes 431K-1
• Insurance: means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this State. See Hawaii Revised Statutes 431K-1
• 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.
• Interconnection: means the physical contact point connecting an electric element to another electric element or group of electric elements that allows for the flow and transfer of electricity between electric elements. See Hawaii Revised Statutes 269-141
• Interconnection requirement: means a standard or rule, adopted by the commission under this part, concerning the performance levels, processes, practices, equipment, or facilities of any entity either having or seeking to obtain an interconnection to the Hawaii electric system under procedures established pursuant to section 269-145 to ensure the reliable operation of the Hawaii electric system. See Hawaii Revised Statutes 269-141
• 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}
• intoxicating liquor: includes alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter, and wine; and also includes, in addition to the foregoing, any spirituous, vinous, malt or fermented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, in whatever form and of whatever constituency and by whatever name called, containing one-half of one per cent or more of alcohol by volume, which are fit for use or may be used or readily converted for use for beverage purposes. See Hawaii Revised Statutes 281-1
• Investigator: means any investigator of the commission in each case for the county wherein the commission has jurisdiction. See Hawaii Revised Statutes 281-1
• Island reserve: means the area designated as the island of Kaho'olawe and the submerged lands and waters extending seaward two miles from its shoreline. See Hawaii Revised Statutes 6K-2
• Issuer: means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes. See Hawaii Revised Statutes 490:5-102
• Issuer: includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer's instructions. See Hawaii Revised Statutes 490:7-102
• 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.
• 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
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Legacy: A gift of property made by will.
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Legatee: A beneficiary of a decedent
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Lessee: means any person obtaining the use of a rental motor vehicle from a lessor for a period of six months or less under the terms of a rental agreement. See Hawaii Revised Statutes 437D-3
• Lessor: means any person in the business of providing rental motor vehicles to the public. See Hawaii Revised Statutes 437D-3
• Letter of credit: means a definite undertaking that satisfies the requirements of § 490:5-104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value. See Hawaii Revised Statutes 490:5-102
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Liability: means legal liability for damages, including costs of defense, legal costs and fees, and other claims expenses because of injuries to other persons, damage to their property, or other damage or loss to those other persons resulting from or arising out of:

  (1) Any business, whether for profit or nonprofit, trade, product, services, including professional services, premises, or operations; or

  (2) Any activity of any state or county government, or any agency or political subdivision;

  but does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act, 45 U. See Hawaii Revised Statutes 431K-1

• License: means any license granted under this chapter. See Hawaii Revised Statutes 281-1
• Licensed clinical social worker: means a person who is a licensed clinical social worker pursuant to chapter 467E. See Hawaii Revised Statutes 431M-1
• Licensed dietitian: means a person who uses the title of licensed dietitian or dietitian and has been licensed to practice dietetics under chapter 448B. See Hawaii Revised Statutes 431M-1
• Licensed marriage and family therapist: means a person licensed in marriage and family therapy practice pursuant to chapter 451J. See Hawaii Revised Statutes 431M-1
• Licensed mental health counselor: means a person:

  (1) Who engages in the practice of [mental] health counseling and uses the title of licensed mental health counselor;

  (2) Who is licensed in mental health counseling practice pursuant to chapter 453D; and

  (3) Whose license is in effect and not revoked or suspended. See Hawaii Revised Statutes 431M-1

• licensed premises: means the building and property that houses the establishment for which a license has been or is proposed to be issued; provided that in the case of class 12 hotel license, "premises" includes the hotel premises; provided further that in the case of a class 15 condominium hotel license, "premises" includes units, as defined in § 514B-3, that are used to provide transient lodging for periods of less than thirty days under a written contract with the owner or owners of each unit in, and common elements for access purposes as established by the declaration of condominium property regime of, the condominium hotel; and provided further that if an establishment is in a retail shopping complex the businesses of which have formed a merchants association, "premises" means the establishment. See Hawaii Revised Statutes 281-1
• Licensee: includes also all agents, servants, and employees of the holder of a license. See Hawaii Revised Statutes 281-1
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan program: means the activities and policies undertaken by the office to provide assistance to any department of the State or to any county or board, agency, or instrumentality thereof, or to private individuals or organizations, by making loans or causing loans to be made available to them or by buying, refinancing, or guaranteeing loans made to or other obligations incurred by them for the betterment of native Hawaiians. See Hawaii Revised Statutes 10-21
• Local funds: means funds appropriated by the State or any county for the construction of any federal-aid project. See Hawaii Revised Statutes 264-21
• Manager: means any person who:

  (1) Undertakes or has undertaken to represent in any way the interest of any professional boxer in procuring, arranging, or conducting any professional contest in which the boxer is to participate as a contestant; provided that "manager" shall not include an attorney licensed to practice in this State while the attorney is representing the legal interest of a professional boxer as a client; or

  (2) Directs or controls the boxing activities of the professional boxer. See Hawaii Revised Statutes 440-1

• Medical malpractice insurance: means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician or hospital. See Hawaii Revised Statutes 435C-2
• Member: means the person or persons owning a unit or having the right of occupancy of a unit under a recorded lease having a term of twenty or more years from its commencement date; or anyone included in the definition of a member under the association documents, including the developer, whether or not the developer owns a unit. See Hawaii Revised Statutes 421J-2
• Member: means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association. See Hawaii Revised Statutes 429-1
• Mental health outpatient facility: means a mental health establishment, clinic, institution, center, or community mental health center that provides for the diagnosis, treatment, care, or rehabilitation of mentally ill persons and has been accredited by The Joint Commission or the Commission on Accreditation of Rehabilitation Facilities or certified by the department of health. See Hawaii Revised Statutes 431M-1
• Mental health outpatient services: means mental health nonresidential treatment provided on an ambulatory basis to patients with mental illness that includes interventions prescribed and performed by a physician, psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed mental health counselor, or advanced practice registered nurse. See Hawaii Revised Statutes 431M-1
• Mental illness: means a syndrome of clinically significant psychological, biological, or behavioral abnormalities that results in personal distress or suffering, impairment of capacity for functioning, or both. See Hawaii Revised Statutes 431M-1
• Minor: means any person below the age of twenty-one years. See Hawaii Revised Statutes 281-1
• Mobile air conditioner: means an air conditioner designed for installation in a motor vehicle. See Hawaii Revised Statutes 437B-1
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor vehicle: means any passenger car, truck, truck tractor, motorcycle, or motor scooter, as defined in § 286-2, and the integral parts thereof. See Hawaii Revised Statutes 437B-1
• Motor vehicle mechanic: means any person whether self-employed or employed by another, who, for compensation, engages in the diagnosis or repair of malfunctions of motor vehicles, and may be classified as "intermediate" or "journey worker" as the terms are commonly used in the motor vehicle repair industry. See Hawaii Revised Statutes 437B-1
• Motor vehicle mechanic helper: means any person who, for compensation, engages in the diagnosis or repair of malfunctions of motor vehicles under the supervision of a licensed motor vehicle mechanic. See Hawaii Revised Statutes 437B-1
• Motor vehicle repair dealer: means any person who is, or has in the person's employ, a motor vehicle mechanic licensed under this chapter and who, for compensation, engages in the business of diagnosing or repairing malfunctions of motor vehicles. See Hawaii Revised Statutes 437B-1
• Nail technician: means a person licensed in the State who engages for compensation in any of the following practices:
  (1) Cutting, trimming, polishing, coloring, cleansing, or otherwise treating a person's fingernails and toenails;
  (2) Applying artificial fingernails and toenails; and
  (3) Massaging and cleansing a person's hands, arms, legs, and feet. See Hawaii Revised Statutes 439A-2
• Needs assessment study: means a study required under an impact fee ordinance that determines the need for a public facility, the cost of development, and the level of service standards, and that projects future public facility capital improvement needs; provided that the study shall take into consideration and incorporate any relevant county general plan, development plan, or community plan. See Hawaii Revised Statutes 46-141
• Net direct premiums: means general casualty insurance direct premiums written as reported on the Hawaii State Page of the Exhibit of Premium and Losses of the annual statement under medical malpractice, workers' compensation, and other liability lines of business. See Hawaii Revised Statutes 435C-2
• Net energy metering: means measuring the difference between the electricity supplied through the electric grid and the electricity generated by an eligible customer-generator and fed back to the electric grid over a monthly billing period; provided that:

  (1) Net energy metering shall be accomplished using a single meter capable of registering the flow of electricity in two directions;

  (2) An additional meter or meters to monitor the flow of electricity in each direction may be installed with the consent of the customer-generator, at the expense of the electric utility, and the additional metering shall be used only to provide the information necessary to accurately bill or credit the customer-generator, or to collect solar, wind turbine, biomass, or hydroelectric energy generating system performance information for research purposes;

  (3) If the existing electrical meter of an eligible customer-generator is not capable of measuring the flow of electricity in two directions, the electric utility shall be responsible for all expenses involved in purchasing and installing a meter that is able to measure electricity flow in two directions;

  (4) If an additional meter or meters are installed, the net energy metering calculation shall yield a result identical to that of a single meter; and

  (5) An eligible customer-generator who already owns an existing solar, wind turbine, biomass, or hydroelectric energy generating facility, or a hybrid system consisting of two or more of these facilities, is eligible to receive net energy metering service in accordance with this part. See Hawaii Revised Statutes 269-101

• Net worth: means the excess of total assets over total liabilities; provided that liabilities shall not include fully subordinated debt. See Hawaii Revised Statutes 432G-1
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nominated person: means a person whom the issuer (i) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit, and (ii) undertakes by agreement or custom and practice to reimburse. See Hawaii Revised Statutes 490:5-102
• Nonhospital facility: means a facility for the care or treatment of alcohol dependent, drug dependent, or mentally ill persons that has been accredited by The Joint Commission or the Commission on Accreditation of Rehabilitation Facilities or certified by the department of health and, if residential, has been licensed as a special treatment facility by the department of health. See Hawaii Revised Statutes 431M-1
• Nonprofit association: means an unincorporated organization, other than one created by a trust, consisting of two or more members joined by mutual consent for a common, nonprofit purpose. See Hawaii Revised Statutes 429-1
• Nonprofit entity: means any charitable organization operating pursuant to Title Hawaii Revised Statutes 432C-1
• Oath: A promise to tell the truth.
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• Office: means the office of solid waste management in the department of health. See Hawaii Revised Statutes 342G-1
• Original package: means a package or container as it existed at the time of its delivery by the manufacturer or the wholesale dealer for convenience in transportation and sale. See Hawaii Revised Statutes 281-1
• Oversight: Committee review of the activities of a Federal agency or program.
• Partial hospitalization: means treatment services, including in-hospital treatment services or benefits, provided by a hospital or mental health outpatient facility to patients who, because of their conditions, require more than periodic hourly service. See Hawaii Revised Statutes 431M-1
• Participating provider: means a provider as defined in this section, who, under an express or implied contract with the dental insurer or with its contractor or subcontractor, has agreed to provide dental care services to enrollees with an expectation of receiving payment, other than copayment or deductible, directly or indirectly from the dental insurer. See Hawaii Revised Statutes 432G-1
• Partner: means a partner in a general partnership, limited partnership, or limited liability partnership. See Hawaii Revised Statutes 281-1
• 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.
• Person: means an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof. See Hawaii Revised Statutes 421J-2
• Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 429-1
• Person: means an individual, partnership, corporation, organization, or other business entity. See Hawaii Revised Statutes 431S-1
• Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. See Hawaii Revised Statutes 261-1
• Person: means and includes natural persons, associations, copartnerships, limited liability companies, and corporations, and also includes any agent, servant, and employee of such person. See Hawaii Revised Statutes 281-1
• 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 an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any form of business or legal entity. See Hawaii Revised Statutes 46-122
• Personal property: All property that is not real property.
• Personal risk liability: means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in paragraphs (1) and (2) in the definition of "liability". See Hawaii Revised Statutes 431K-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-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
• Pharmacy benefit management: means :

  (1) Any of the following services provided with regard to the administration of pharmacy benefits:

  (A) Mail service pharmacy;

  (B) Claims processing, retail network management, and payment of claims to pharmacies for prescription drugs dispensed to covered persons;

  (C) Clinical formulary development and management services;

  (D) Rebate contracting and administration;

  (E) Certain patient compliance, therapeutic intervention, and generic substitution programs; or

  (F) Disease management programs involving prescription drug utilization;

  (2) The procurement of prescription drugs by a pharmacy benefit manager at a negotiated rate for dispensation to covered persons in the State; or

  (3) The administration or management of prescription drug benefits provided by a covered entity for the benefit of covered persons. See Hawaii Revised Statutes 431S-1

• Pharmacy benefit manager: means any person, business, or entity that performs pharmacy benefit management, including but not limited to a person or entity under contract with a pharmacy benefit manager to perform pharmacy benefit management on behalf of a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, or health program administered by the State. See Hawaii Revised Statutes 431R-1
• Pharmacy benefit manager: means any person that performs pharmacy benefit management, including but not limited to a person or entity in a contractual or employment relationship with a pharmacy benefit manager to perform pharmacy benefit management for a covered entity. See Hawaii Revised Statutes 431S-1
• Physician: means a person licensed in the practice of medicine or osteopathy pursuant to chapter 453. See Hawaii Revised Statutes 431M-1
• Place of deposit: means a site within the county of the voter's registration address designated pursuant to section 11-109 for the purpose of receiving return identification envelopes in an election conducted by mail pursuant to part VIIA. See Hawaii Revised Statutes 11-1
• Plain language: means language written or spoken in a clear and coherent manner using words with common and everyday meanings. See Hawaii Revised Statutes 437D-3
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the joint underwriting plan established pursuant to the provisions of this chapter. See Hawaii Revised Statutes 435C-2
• Planned community: means one of the following:

  (1) Real property, other than a condominium or a cooperative housing corporation or a time share plan, that is subject to a planned community association as defined under section 607-14; or

  (2) A common interest community, other than a condominium or a cooperative housing corporation or a time share plan, which includes all of the following characteristics:

  (A) Real property subject to a recorded declaration placing restrictions and obligations on the owners of the real property that are enforced or enforceable by a separate entity, the association, established for that purpose whether or not mentioned in the declaration, and:

  (i) That owns and maintains certain property within the planned community for the common use or benefit, or both, of the owners of units within the planned community;

  (ii) That is obligated to maintain certain property it does not own within the planned community for the common use or benefit, or both, of the owners of units within the planned community; or

  (iii) That is obligated to provide services to any such owners or units;

  (B) Individual owners own separate units that are part of a planned community at least some of which are improved by or are to be improved by residential dwellings;

  (C) Owners have automatic and non-severable membership in an association by virtue of ownership of units within the planned community; and

  (D) Owners, other than a master developer or declarant, are obligated by any association document to pay mandatory assessments by virtue of ownership of a unit within the planned community. See Hawaii Revised Statutes 421J-2

• 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.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Police officer: means a police officer and any other state or county officer charged with the enforcement of state laws. See Hawaii Revised Statutes 261-1
• 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}
• Practice of acupuncture: means stimulation of a certain acupuncture point or points on the human body for the purpose of controlling and regulating the flow and balance of energy in the body. See Hawaii Revised Statutes 436E-2
• Practice of athletic training: refers to the application by an athletic trainer, whether or not registered under this chapter and without regard to certification by any certifying body, of principles and methods to:
  (1) Prevent athletic injuries;
  (2) Recognize, evaluate, and assess athletic injuries and conditions;
  (3) Provide immediate care of athletic injuries, including common emergency medical care;
  (4) Treat, rehabilitate, and recondition athletic injuries;
  (5) Administer athletic training services and organization; and
  (6) Educate athletes;

  provided that the practice of athletic training does not include provision of medical services as defined in § 453-1, occupational therapy services as defined in § 457G-1, or physical therapy or physical therapy services as defined in § 461J-1. See Hawaii Revised Statutes 436H-2

• Practice of barbering: means any of the following practices: shaving, cutting, trimming, singeing, shampooing, arranging, dressing, curling, waving, relaxing, or coloring the hair or beard or applying tonics or other preparation thereto; massaging, cleansing, or applying oils, creams, lotions, or other preparation to the face, scalp, or neck, either by hand or by mechanical appliances. See Hawaii Revised Statutes 439A-2
• Precinct: means the smallest political subdivision established by law. See Hawaii Revised Statutes 11-1
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• premises: includes the hotel premises; provided further that in the case of a class 15 condominium hotel license, "premises" includes units, as defined in § 514B-3, that are used to provide transient lodging for periods of less than thirty days under a written contract with the owner or owners of each unit in, and common elements for access purposes as established by the declaration of condominium property regime of, the condominium hotel; and provided further that if an establishment is in a retail shopping complex the businesses of which have formed a merchants association, "premises" means the establishment. See Hawaii Revised Statutes 281-1
• Premises: shall include but not be limited to a lodging or tenement house, group residence, group living arrangement, hotel, boardinghouse, or restaurant as further defined in § 445-90, or any other like facility serving unsupervised or unrelated individuals. See Hawaii Revised Statutes 46-15.6
• Prescription drug benefit plan: means an accident and sickness insurance plan or health benefits plan that includes coverage for prescription drugs. See Hawaii Revised Statutes 431R-1
• Prescription drug benefit plan: means a health insurance plan offered by a covered entity that includes coverage for prescription drugs. See Hawaii Revised Statutes 431S-1
• Prescription drug benefit plan provider: means a person who provides prescription drug coverage as part of an accident and health or sickness insurance contract or other type of health insurance or benefits plan that is offered by the person and is subject to regulation under article 10A of chapter 431, chapter 432, or chapter 432D. See Hawaii Revised Statutes 431R-1
• present sale: means a sale that is accomplished by the making of the contract. See Hawaii Revised Statutes 490:2-106
• Present value: means the value of past or future payments adjusted to a base period by a discount rate. See Hawaii Revised Statutes 46-141
• Presentation: means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit. See Hawaii Revised Statutes 490:5-102
• Presenter: means a person making a presentation as or on behalf of a beneficiary or nominated person. See Hawaii Revised Statutes 490:5-102
• Principal: means a person who has entered into a development agreement pursuant to the procedures specified in this chapter, including a successor in interest. See Hawaii Revised Statutes 46-122
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• Product liability: means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of the person when the incident giving rise to the claim occurred. See Hawaii Revised Statutes 431K-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
• project: means :

  (1) The lawful acquisition of any property, real, personal, or mixed, tangible or intangible, or any interests therein, pursuant to section 10-4(2);

  (2) Any capital improvement projects on lands held by the office pursuant to section 10-4(2) or in the public land trust, including but not limited to the construction of buildings and other improvements; infrastructure development, and other enterprises which are acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by or on behalf of the office;

  (3) Pilot projects, demonstrations, or both, where those projects or demonstrations fulfill criteria established by the board, pursuant to section 10-5(7); and

  (4) Any other projects determined by rules adopted by the board pursuant to chapter 91 or otherwise authorized by the board in accordance with applicable law to be for the betterment of native Hawaiians and are consistent with the purposes of this chapter. See Hawaii Revised Statutes 10-21

• Project costs: means expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the agency that are listed in a tax increment financing plan as costs of public works or public improvements in a tax increment district, plus other costs incidental to the expenditures or obligations. See Hawaii Revised Statutes 46-102
• Proportionate share: means the portion of total public facility capital improvement costs that is reasonably attributable to a development, less:

  (1) Any credits for past or future payments, adjusted to present value, for public facility capital improvement costs made or reasonably anticipated to be contributed by a developer in the form of user fees, debt service payments, taxes, or other payments; or

  (2) Offsets for non-site related public facility capital improvements provided by a developer pursuant to county land use provisions. See Hawaii Revised Statutes 46-141

• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Provider: means any person licensed to practice dentistry as defined in section 448-1. See Hawaii Revised Statutes 432G-1
• Provisional ballot: means a ballot and any accompanying materials issued to a voter that are segregated for review and subsequent determination of validity, in accordance with eligibility criteria and other requirements of law. See Hawaii Revised Statutes 11-1
• Psychologist: means a person licensed in the practice of psychology pursuant to chapter 465. See Hawaii Revised Statutes 431M-1
• Public facility capital improvement costs: means costs of land acquisition, construction, planning and engineering, administration, and legal and financial consulting fees associated with construction, expansion, or improvement of a public facility. See Hawaii Revised Statutes 46-141
• Public highways: has the meaning defined by § 264-1, including both state and county highways, but operation upon rails shall not be deemed transportation on public highways. See Hawaii Revised Statutes 269-1
• 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 place: means any publicly owned property or privately owned property open for public use or to which the public is invited for entertainment or business purposes. See Hawaii Revised Statutes 281-1
• Purchasing group: means any group which:

  (1) Has as one of its purposes the purchase of liability insurance on a group basis;

  (2) Purchases this insurance only for its group members and only to cover their similar or related liability exposure, as described in [paragraph (3)];

  (3) Is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and

  (4) Is domiciled in any state. See Hawaii Revised Statutes 431K-1

• Qualified: means :

  (1) Having skill in the diagnosis or treatment of substance use disorders, based on a practitioner's credentials, including but not limited to professional education, clinical training, licensure, board or other certification, clinical experience, letters of reference, other professional qualifications, and disciplinary action; or

  (2) Being a licensed physician, psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed mental health counselor, or advanced practice registered nurse, and certified pursuant to chapter 321. See Hawaii Revised Statutes 431M-1

• Quorum: The number of legislators that must be present to do business.
• Reasonable benefit: means a benefit received by a development from a public facility capital improvement that is greater than the benefit afforded the general public in the jurisdiction imposing the impact fees. See Hawaii Revised Statutes 46-141
• reclaimed water: means treated wastewater that by design is intended or used for a beneficial purpose; and
  (v) The facility is not engaged, either directly or indirectly, in the processing of food wastes;
  (K) Any person who owns, controls, operates, or manages any seawater air conditioning district cooling project; provided that at least fifty per cent of the energy required for the seawater air conditioning district cooling system is provided by a renewable energy resource, such as cold, deep seawater;
  (L) Any person who owns, controls, operates, or manages plants or facilities primarily used to charge or discharge a vehicle battery that provides power for vehicle propulsion;
  (M) Any person who:

  (i) Owns, controls, operates, or manages a renewable energy system that is located on a customer's property; and

  (ii) Provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to the customer on whose property the renewable energy system is located; provided that, for purposes of this subparagraph, a customer's property shall include all contiguous property owned or leased by the customer without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way, and utility rights-of-way; and
  (N) Any person who owns, controls, operates, or manages a renewable energy system that is located on such person's property and provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to lessees or tenants on the person's property where the renewable energy system is located; provided that:

  (i) An interconnection, as defined in § 269-141, is maintained with an electric public utility to preserve the lessees' or tenants' ability to be served by an electric utility;

  (ii) Such person does not use an electric public utility's transmission or distribution lines to provide, sell, or transmit electricity to lessees or tenants;

  (iii) At the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission;

  (iv) The rate schedule or formula shall be established for the duration of the lease, and the lease agreement entered into by the lessee or tenant shall reflect such rate schedule or formula;

  (v) The lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare;

  (vi) The lease agreement shall disclose:

  (1) the rate schedule or formula for the duration of the lease agreement;

  (2) that, at the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission;

  (3) that the lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare; and

  (4) whether the lease is contingent upon the purchase of electricity from the renewable energy system; provided further that any disputes concerning the requirements of this provision shall be resolved pursuant to the provisions of the lease agreement or chapter 521, if applicable; and

  (vii) Nothing in this section shall be construed to permit wheeling. See Hawaii Revised Statutes 269-1
• 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 490:5-102
• Recorded: means recorded or filed in the bureau of conveyances of the State or in the office of the assistant registrar of the land court of the State, as appropriate. See Hawaii Revised Statutes 421J-2
• Recoupment: means the proportionate share of the public facility capital improvement costs of excess capacity in existing capital facilities where excess capacity has been provided in anticipation of the needs of a development. See Hawaii Revised Statutes 46-141
• 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
• Redevelopment plan: means a plan as defined in § 53-1. See Hawaii Revised Statutes 46-102
• Refrigerant recovery and recycling equipment: means a device used to recover and to purify CFCs for later reuse. See Hawaii Revised Statutes 437B-1
• Regulation: means any regulation prescribed by the commission with the approval of the elected executive head of the county for carrying out this chapter. See Hawaii Revised Statutes 281-1
• Reliability standard: means an electric reliability requirement or requirements, adopted by the commission under this part, to ensure the reliable design and operation of any or all portions of the Hawaii electric system, including but not limited to ancillary service requirements. See Hawaii Revised Statutes 269-141
• 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.
• Renewable energy system: means any identifiable facility, equipment, apparatus, or the like that converts renewable energy, as defined in § 269-91, to useful thermal or electrical energy for heating, cooling, or reducing the use of other types of energy that are dependent on fossil fuel for their generation. See Hawaii Revised Statutes 269-1
• Rental agreement: means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee. See Hawaii Revised Statutes 437D-3
• Rental cost: means the daily or periodic rate charged for the use of the rental motor vehicle, but does not include optional or refueling charges. See Hawaii Revised Statutes 437D-3
• Repair of motor vehicles: means all maintenance of and modifications and repairs to motor vehicles, including the rebuilding or restoring of rebuilt vehicles as defined in § 286-2, but excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor accessories, cleaning, adjusting, and replacing spark plugs, replacing oil and air filters, and other minor services, which the board by rule determines may be performed by persons without the skills and knowledge required of motor vehicle mechanics and helpers. See Hawaii Revised Statutes 437B-1
• Replacement coverage: means the benefits provided by a succeeding carrier. See Hawaii Revised Statutes 432G-1
• 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.
• Reserves: means reserves required or permitted in the covenants in the resolution or resolutions of the board authorizing the obtaining of loans or issuance of revenue bonds under this part. See Hawaii Revised Statutes 10-21
• Restaurant: means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to patrons for compensation and which has suitable kitchen facilities connected therewith, containing the necessary equipment and supplies for cooking an assortment of foods which may be required for ordinary meals. See Hawaii Revised Statutes 281-1
• Retail community pharmacy: means a pharmacy, permitted by the board of pharmacy pursuant to § 461-14, that is open to the public, dispenses prescription drugs to the general public, and makes available face-to-face consultations between licensed pharmacists and the general public to whom prescription drugs are dispensed. See Hawaii Revised Statutes 431R-1
• Retail licensee: means any licensee holding a class 2, class 4 through class 16, or class 18 license. See Hawaii Revised Statutes 281-1
• Revenue bonds: means revenue bonds, interim certificates, notes, debentures, or other evidence of indebtedness of the board authorized by or issued under this part. See Hawaii Revised Statutes 10-21
• Risk retention group: means any corporation or other limited liability association formed under the laws of any state, Bermuda, or the Cayman Islands:

  (1) Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members;

  (2) Which is organized for the primary purpose of conducting the activity described under paragraph (1);

  (3) Which:

  (A) Is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or

  (B) Before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before this date, had certified to the insurance commissioner of at least one state that it satisfied the capitalization requirements of that state, except that any group shall be considered to be a risk retention group only if the group has been engaged in business continuously since this date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability, as defined in the Product Liability Risk Retention Act of 1981, 15 U. See Hawaii Revised Statutes 431K-1

• Runoff election: means any single election required by county charters preceded by an election that failed to elect a candidate. See Hawaii Revised Statutes 11-1
• Secondary resources: means postconsumer material collected and processed for feedstock in a manufacturing process. See Hawaii Revised Statutes 342G-1
• Seller: includes the agents and employees of a seller; provided that any person shall be deemed to be a seller, who in the State, whether acting as agent or representative of a nonresident principal or otherwise, solicits the placing of or takes, receives, or forwards orders for liquor to be shipped into the State from any place without the State to be delivered to customers, by direct shipment or otherwise. See Hawaii Revised Statutes 281-1
• Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 490:2-103
• Sending district: means one or more designated districts or areas of land in which development rights may be designated for use in one or more receiving districts. See Hawaii Revised Statutes 46-162
• Service of process: The service of writs or summonses to the appropriate party.
• 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 sludge: means residual solids and semisolids resulting from the treatment of wastewater. See Hawaii Revised Statutes 342G-1
• Shipper: means a person that enters into a contract of transportation with a carrier. See Hawaii Revised Statutes 490:7-102
• significant: means twenty per cent or more of the assets of the nonprofit entity or an amount where the for-profit entity gains control or majority ownership of total assets of the nonprofit entity. See Hawaii Revised Statutes 432C-1
• Single-line: means a single-party line or a one-party line. See Hawaii Revised Statutes 269-1
• Site-related improvements: means land dedications or the provision of public facility capital improvements for the exclusive use or benefit of a development or for the provision of safe and adequate public facilities related to a particular development. See Hawaii Revised Statutes 46-141
• 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 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

• Standard bar: means any establishment licensed to sell liquor for consumption on the premises, except:

  (1) Premises in which a person performs or entertains unclothed or in attire restricted to use by entertainers pursuant to commission regulations; or

  (2) Premises in which live entertainment or recorded music is provided. See Hawaii Revised Statutes 281-1

• State: means any state of the United States or the District of Columbia. See Hawaii Revised Statutes 431K-1
• State highway improvements: means capital improvements to the physical infrastructure of state highways. See Hawaii Revised Statutes 264-121
• 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.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Subscriber: means an individual whose employment or other status, except family dependency, is the basis for eligibility for enrollment in the dental insurer, or in the case of an individual contract, the person in whose name the contract is issued. See Hawaii Revised Statutes 432G-1
• Substance abuse services: means the provision of medical, psychological, nursing, counseling, or therapeutic services in response to a treatment plan for alcohol or drug dependence or both which shall include, when appropriate, a combination of aftercare and individual, group, and family counseling services provided by qualified staff. See Hawaii Revised Statutes 431M-1
• Successor: means , with respect to any electric utility, another electric utility or other entity that succeeds voluntarily or by operation of law to the rights and obligations of the first electric utility or other entity pursuant to any bankruptcy, reorganization, restructuring, or other insolvency proceedings; any merger, acquisition, or consolidation; or any sale or transfer of assets, regardless of how any of these actions occurred. See Hawaii Revised Statutes 269-161
• Successor of a beneficiary: means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver. See Hawaii Revised Statutes 490:5-102
• Summons: Another word for subpoena used by the criminal justice system.
• Tax increment: means the amount of real property taxes levied for one year on the assessment increment. See Hawaii Revised Statutes 46-102
• Tax increment financing plan: means the plan for tax increment financing for a tax increment district submitted to the county council. See Hawaii Revised Statutes 46-102
• Tax increment fund: means a fund which shall be held by the director of finance or other fiduciary designated by the county council and into which all tax increments and other moneys pledged by the county for payment of tax increment bonds are paid, and all proceeds from the sale of tax increment bonds are deposited, and from which moneys are disbursed to pay project costs for the tax increment district or to satisfy claims of holders of tax increment bonds issued for the district. See Hawaii Revised Statutes 46-102
• Taxicab: means and includes:
  (1) Any motor vehicle used in the movement of passengers on the public highways under the following circumstances, namely, the passenger hires the vehicle on call or at a fixed stand, with or without baggage for transportation, and controls the vehicle to the passenger's destination; and
  (2) Any motor vehicle having seating accommodations for eight or less passengers used in the movement of passengers on the public highways between a terminal, i. See Hawaii Revised Statutes 269-1
• telecommunications: means the offering of transmission between or among points specified by a user, of information of the user's choosing, including voice, data, image, graphics, and video without change in the form or content of the information, as sent and received, by means of electromagnetic transmission, or other similarly capable means of transmission, with or without benefit of any closed transmission medium, and does not include cable service as defined in § 440G-3. See Hawaii Revised Statutes 269-1
• telecommunications common carrier: means any person that owns, operates, manages, or controls any facility used to furnish telecommunications services for profit to the public, or to classes of users as to be effectively available to the public, engaged in the provision of services, such as voice, data, image, graphics, and video services, that make use of all or part of their transmission facilities, switches, broadcast equipment, signalling, or control devices. See Hawaii Revised Statutes 269-1
• Temporary permit: means a permit allowing an applicant approved for examination to practice as a barber, beauty operator, or beauty instructor under the supervision of a barber, beauty operator, or beauty instructor for one year after the permit's date of issuance. See Hawaii Revised Statutes 439A-2
• 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
• 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.
• to sell: includes to solicit and receive an order for; to have or keep or offer or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; to traffic in; and the word "sale" includes every act of selling as herein defined. See Hawaii Revised Statutes 281-1
• 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.
• Touch-tone dialing: means dual-tone multi-frequency, as opposed to dial-pulse signaling. See Hawaii Revised Statutes 269-1
• 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 of development rights: means the process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. See Hawaii Revised Statutes 46-162
• Treating physician: means a physician or osteopathic physician licensed under chapter 453 who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by an athletic trainer and oversees the practice of athletic training by an athletic trainer. See Hawaii Revised Statutes 436H-2
• Treatment episode: means one admission to an accredited hospital or nonhospital facility, or office of a qualified physician, psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed mental health counselor, or advanced practice registered nurse for treatment of alcohol or drug dependence, or both, as stipulated in a prescribed treatment plan and that would generally produce remission in those who complete the treatment. See Hawaii Revised Statutes 431M-1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: means any trustee or fiscal agent appointed under an indenture or certificate of the director executed in connection with the issuance of bonds pursuant to § 39-68. See Hawaii Revised Statutes 269-161
• Uncovered expenditures: means the costs to the dental insurer for dental care services that are the obligation of the dental insurer, for which an enrollee may also be liable in the event of the dental insurer's insolvency, and for which no alternative arrangements have been made that are acceptable to the commissioner. See Hawaii Revised Statutes 432G-1
• Under the influence of liquor: means that the person concerned has consumed intoxicating liquor sufficient to impair at the particular time under inquiry the person's normal mental faculties or ability to care for oneself and guard against casualty, or sufficient to substantially impair at the time under inquiry that clearness of intellect and control of oneself which the person would otherwise normally possess. See Hawaii Revised Statutes 281-1
• 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: means a physical portion of the planned community designated for separate ownership or occupancy. See Hawaii Revised Statutes 421J-2
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• vehicle: means a motor vehicle as defined in § 286-2, which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less. See Hawaii Revised Statutes 437D-3
• Vehicle license recovery fees: includes motor vehicle weight taxes under § 249-2; fees connected with the registration of specially constructed, reconstructed, or rebuilt vehicles, special interest vehicles, or imported vehicles as referenced in section 286-41(c); license plate and emblem fees under section 249-7(b); inspection fees as referenced in § 286-26; highway beautification fees as referenced in section 286-51(b)(1); and any use tax under chapter 238. See Hawaii Revised Statutes 437D-3
• Venue: The geographical location in which a case is tried.
• Voter service center: means a location within the county of the voter's registration address established pursuant to section 11-109 to serve all of the following purposes:

  (1) Receive return envelopes for absentee ballots pursuant to chapter 15;

  (2) Receive return identification envelopes in an election by mail conducted pursuant to part VIIA;

  (3) Provide voting machine services for persons with disabilities pursuant to the Help America Vote Act of 2002, P. See Hawaii Revised Statutes 11-1

• Voting system: means the use of paper ballots, electronic transmission, voting machines, elections by mail pursuant to part VIIA, absentee voting pursuant to chapter 15, or any system by which votes are cast and counted. See Hawaii Revised Statutes 11-1
• Warehouse: means a person engaged in the business of storing goods for hire. See Hawaii Revised Statutes 490:7-102
• 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
• Waters: means the area extending seaward two miles from the shoreline. See Hawaii Revised Statutes 6K-2
• 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
• Wine: means any wine coming within the definition of wine contained in the United States Revenue Act of 1918 (Act of February 24, 1919), and includes sake. See Hawaii Revised Statutes 281-1
• 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
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• writing: includes printing and typewriting. See Hawaii Revised Statutes 281-1