Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 16-201-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context otherwise
				  requires:
"Aggrieved person" means any person who shall be adversely
				  affected by an action, decision, order, or rule of the authority or who shall
				  be adversely affected by the action or conduct of any person if the action or
				  conduct is within the authority's jurisdiction to regulate, and shall also
				  include any person who requires the authority's permission to engage in or
				  refrain from engaging in an activity or conduct which is subject to regulation
				  by the authority.
"Authority" means the director of commerce and consumer
				  affairs, commissioner of securities, insurance commissioner, commissioner of
				  financial institutions, and any board or commission attached for administrative
				  purposes to the department of commerce and consumer affairs with rulemaking,
				  decision making, or adjudicatory powers.
"Department" means the department of commerce and consumer
				  affairs and any division or branch thereof
"Declaratory relief" means the authority's declaration as to
				  the applicability or non applicability with respect to a factual situation of
				  any rule or order of the authority or of a statute which the authority is
				  required to administer or enforce.
"Hearings officer" means a licensed attorney, 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 authority.
"Hearings relief" means the determination by the authority
				  of the legal rights, duties, or privileges of specific parties which are
				  required by law to be determined after an opportunity for agency
				  hearing.
"License" means any grant, permission, permit, franchise,
				  license, certificate, registration, entitlement, or right to engage in an
				  activity required by law to be given by an authority.
"Member of authority" means any member of a board or
				  commission attached for administrative purposes to the department of commerce
				  and consumer affairs with rulemaking, decision making, or adjudicatory
				  powers.
"Party" means the department 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 authority in the capacity of a
				  petitioner, claimant, respondent, intervenor, or in a capacity other than that
				  of a witness.
"Person" means individuals, partnerships, corporations,
				  associations, or public or private organizations of any character, other than
				  the authority or department.
"Petition" means an application to the authority by a party
				  which seeks relief hereunder.
"Petitioner" means a party who initiates a proceeding and
				  includes, but is not limited to, the authority in cases where the authority has
				  issued a summary order against a licensee or an order to cease and
				  desist.
"Respondent" means the party against whom the petition is
				  filed, the party against whom relief is sought, or any party who contests or
				  controverts a proceeding.
"Rule" shall have the same meaning as provided in section
				  91-1(4),
				  HRS.
"Rule relief" means the adoption, modification, or repeal of
				  any regulatory rule by the authority which is initiated by
				  petition.