Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-1 - Definitions

Current through June, 2024
As used in this chapter:
"Burial site" has the same meaning as defined in section
				  6E-2, Hawaii Revised
				  Statutes (HRS).
"Cemetery" has the same meaning as defined in section
				  441-1, HRS.
"Cemetery authority" has the same meaning as defined in
				  section
				  441-1, HRS.
"Cemetery property" has the same meaning as defined in
				  section
				  441-1, HRS.
"Container believed to hold remains" means something in which
				  remains are placed for burial or other disposition, such as a body bag, box,
				  burial receptacle, casket, or coffin.
"Department" means the department of health.
"Director" means the director of the state department of
				  health or the director's duly authorized agent.
"Disinterment" means any exposure, disturbance, or removal of
				  remains or of any burial receptacle, coffin, or other container believed to
				  hold remains, from any place of burial or any location believed to be a place
				  of burial, whether that burial is marked or unmarked.
"Disposition" means the mode of situating remains, including
				  burial, cremation, entombment, medical or research use, burial at sea,
				  transport within or between islands and out of State, or other disposal
				  approved by the department.
"Disturbance of remains" includes, but is not limited to,
				  digging or excavating at a place of burial that causes contact with,
				  disturbance of, or exposure of any burial receptacle, coffin, or other
				  container believed to hold remains, whether or not the place of burial is
				  marked or unmarked and whether or not the burial receptacle, coffin, or other
				  container is opened.
"Electronic disinterment application and permit system" means
				  the department's Internet-based program used to apply for, process, and issue a
				  disinterment permit.
"Family burial plot" has the same meaning as defined in
				  section
				  441-5.5,
				  HRS.
"Funeral services" has the same meaning as defined in section
				  441-1, HRS.
"Inadvertently discovered remains" means remains that are
				  unexpectedly exposed or disturbed in a place not known to be a place of
				  burial.
"Interment" has the same meaning as defined in section
				  441-1, HRS.
"Marked burial" means a place of burial with a headstone,
				  plaque, or other identifying marker, containing remains.
"Mortuary" means an entity meeting the requirements set forth
				  in section
				  11-22-3.
"Mortuary authority" has the same meaning as defined in
				  section
				  441-1, HRS.
"Niche" has the same meaning as defined in section
				  441-1, HRS.
"Person" has the same meaning as defined in section
				  441-1, HRS.
"Place of burial" means a place where remains are located,
				  including a known, maintained, actively used cemetery or cemetery property
				  registered by the department of commerce and consumer affairs where remains are
				  interred, a family burial plot, or an unmarked burial site. "Place of burial"
				  does not include a niche that only contains cremated remains.
"Plot" has the same meaning as defined in section
				  441-1, HRS.
"Remains" means all or part of a dead human body or corpse,
				  exclusive of ashes, cremated remains, or medical waste.
"State" means the State of Hawaii.
"State registrar" means the state registrar of vital
				  statistics of the state department of health or the state registrar's duly
				  authorized agent.
"Unmarked burial" means a specific designated location that
				  has no headstone, plaque, or other identifying marker, but which is known to
				  contain human remains. "Unmarked burial" does not include an inadvertent
				  discovery of remains or an inadvertent discovery of a burial site.