Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 1 - GENERAL PROVISIONS › Section 16-96-2.1 - Definitions

Current through June, 2024
As used in this chapter:
"Active service" means participation in the statewide
				  pilotage system, compliance with work rules adopted pursuant to this chapter,
				  and the piloting or onboard observation of a roundtrip in and out of all
				  designated deep draft harbors in the state in each calendar year; provided that
				  the director may waive the piloting or onboard observation requirement for any
				  particular deep draft harbor if there are insufficient vessel movements in that
				  particular harbor.
"Agency hearing" refers to only such hearing required by law
				  to be held by the director immediately prior to a judicial review of a
				  contested case as provided in section
				  91-14,
				  Hawaii Revised Statutes.
"Applicant" means an individual applying for a deputy port
				  pilot license, a port pilot license, or for renewal of a pilot's
				  license.
"Application" means a request or proposal for a deputy port
				  pilot license, a port pilot license, or for renewal of a pilot's
				  license.
"Contested case" means a proceeding in which the legal
				  rights, duties, or privileges of specific parties are required by law to be
				  determined after an opportunity for agency hearing.
"Charges" means the fees assessed by licensed pilots for
				  special or auxiliary services rendered by the pilot.
"Department" means the department of commerce and consumer
				  affairs and any division or branch thereof.
"Director" means the director of commerce and consumer
				  affairs.
"Hearings officer" means any person duly appointed and
				  authorized to hold a hearing for the purpose of taking evidence or oral
				  argument and making a recommended decision in any case or controversy within
				  the jurisdiction of the director.
"Interested person" means any person with a substantial
				  interest in the outcome of any proceeding conducted by the director.
"Party" means the department or any division or branch
				  thereof, if named, permitted or entitled as of right to participate in a
				  proceeding, each person named in a proceeding, or any interested or aggrieved
				  person permitted or entitled as of right to participate in a proceeding before
				  the director in the capacity of a petitioner, claimant, respondent, intervenor,
				  or in a capacity other than that of a witness.
"Person" means individual, partnership, corporation,
				  association, public or private organization of any character, or any state or
				  federal agency, other than the director.
"Petition" means an application, request, or a proposal to
				  the director by a party for a change in the rates or charges of pilotage for
				  vessels subject to chapter
				  462A,
				  HRS, or for any relief within the jurisdiction of the director.
"Petitioner" means a party who initiates a proceeding for
				  any relief within the jurisdiction of the director.
"Rates" means the basic charges for all vessels using the
				  services of a licensed pilot to move a nonexempt vessel entering or departing
				  from any port in or transversing the waters of the State designated as pilotage
				  waters.