Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 1 - GENERAL PROVISIONS › Section 10-1-5 - Definitions

Current through June, 2024
As used in t.his title, unless the context clearly provides
				otherwise:
"Act" means the Hawaiian Homes Commission Act of 1920, as
				amended.
"Advisory council" means the park advisory council established
				in section
				10-4-34 for the purpose of
				advising the department on rules, practices, and activities on or affecting
				parks on Hawaiian home lands.
"Agency" means an agency of the federal, state, or county
				government.
"Appraisal" means the process of estimating value.
"Authorized representative" means any person permitted by the
				commission to act on its behalf including the chairman and the chairman's
				designee.
"Available lands" means public lands designated as available
				lands under section 203 of the act.
"Camper" means any person who remains or intends to remain at a
				park on Hawaiian home lands in order to use the park for overnight
				accommodations.
"Camping" means the use and occupation of any park on Hawaiian
				home lands on which at least one person remains or intends to remain
				overnight.
"Chairman" means the chairman of the commission.
"Commission" means the Hawaiian homes commission.
"Complainant" means the person or agency upon whose complaint a
				proceeding is instituted.
"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 hearing before the commission, and shall include but
				not be limited to proceedings involving the denial or cancellation of homestead
				leases issued by the department, and loan or tax delinquencies.
"Deferred status" means the status of an applicant in which the
				applicant will not be considered for an award, but will retain one's position
				on the waiting list.
"Department" means the department of Hawaiian home
				lands.
"Government records" has the same meaning as defined in chapter
				92F, HRS.
"Hawaiian" means any descendant of the races inhabiting the
				Hawaiian islands previous to 1778.
"Hawaiian home lands" means all lands given the status of
				Hawaiian home lands under section 204 of the. act.
"Hearing officer" means a person appointed by the commission or
				chairman at the request of the commission, authorized and qualified to hold a
				hearing for the purpose of taking evidence and making recommended decisions in
				any contested case.
"Homesteader" means the holder or successor thereto of a lease
				which may be of the following classes issued under section 207 of the
				act:
(1) Residential or residence lot lease;
(2) Pastoral or pastoral lot lease; and
(3) Agricultural or agricultural lot lease.
"HRS" means the Hawaii Revised Statutes, as amended.
"Lessee" has the same meaning as homesteader.
"Munitions and explosives of concern (MEC)" means specific
				categories of military munitions that may pose unique explosives safety risks
				such as UXO; "discarded military munitions" as defined in
				10
				U.S.C. 2710(e)(2); or
				munitions constituents present in high enough concentrations to pose an
				explosive hazard, ,"Munitions constituents" means any materials originating
				from UXO, discarded military munitions, or other military munitions, including
				explosive and nonexplosive materials, and emission, degradation, or breakdown
				elements' of such ordinance or munitions.
"Native Hawaiian" means any descendant of not less than
				one-half part of the blood of the races inhabiting the Hawaiian islands
				previous to 1778.
"Party" means each person or agency named or admitted as such,
				or properly seeking and entitled as a matter of right to be admitted as such in
				a proceeding.
"Person" includes any individual, partnership, corporation,
				association, or public or private organization of any character other than an
				agency.
"Petitioner" means any interested person who in an individual
				or representative capacity requests:
(1) A hearing as authorized by statute, law, or these
				rules;
(2) A declaratory ruling;
(3) Applicability of a departmental rule or order; or
(4) Adoption, amendment, or repeal of any departmental
				rule.
"Picnic" means use of a park on Hawaiian home lands that does
				not include overnight accommodation.
"Presiding officer" means the person conducting a hearing and
				may be the chairman or a duly appointed representative.
"Priority and preference for award of leases" means the
				department's lease award process from 1963 to 1977 that awards leases,
				according to ranking, to applicants in one of three priority groups categorized
				under the priority ranking system and defined as follows: Priority I includes
				applicants and their spouses and children who are one hundred per cent
				Hawaiian; Priority II includes applicants and their spouses and children who
				are no less than fifty per cent Hawaiian; and Priority III includes only
				applicants who are no less than fifty per cent Hawaiian.
"Public lands" has the same meaning as defined in chapter
				171, HRS.
"Respondent" means the party in a contested case against whom
				an order to show cause has been issued by the commission on its own initiative
				or a notice of hearing has been issued on the basis of a complaint filed with
				the commission.
"Rule" means a statement of general or particular applicability
				and future effect that implements, interprets, or prescribes law or policy, or
				describes the, organization, procedure or practice requirements of the
				department.
"Rulemaking procedure" means any formal action to adopt, amend,
				or repeal any rule of the department.
"State" means the State of Hawaii.
"Successor" means a qualified person designated by an applicant
				or lessee to succeed to the applicant's application rights or the lessee's
				lease.
"Tract" means any tract of Hawaiian home lands leased, as
				authorized by section 207 of the act.
"Undeveloped lot" means a lot that is raw land for which there
				has not been substantial improvements suitable for the type of award.
"Vacant lot" means a lot that the department has prepared for
				development either fully or partially but lacks vertical improvement
				appropriate for the type of award.
"Unexploded ordnance (UXO)" means military munitions
				that:
(1) Have been primed, fused, armed, or otherwise prepared for
				action;
(2) Have been fired, dropped, launched, projected, or placed in
				such a manner as to constitute a hazard to operations, installations, personnel
				or material; and
(3) Remain unexploded, whether by malfunction, design, or any
				other cause.
"UXO lands" means certain Hawaiian home lands which have been
				categorized as formerly used defense sites and may contain MEC.