Haw. Code R. § 11-1-3

Current through September, 2024
Section 11-1-3 - Definitions

As used in this chapter, unless the context clearly requires otherwise:

"Agency" means a state or county board, office, commission, department, or officer authorized by law to make rules or to adjudicate contested cases, except those in the legislative or judicial branches.

"Attached entity" means an administrative office, agency, board, or commission placed or established within or administratively attached to the department.

"Complainant" means the person or entity upon whose complaint action by the department is instituted.

"Complaint" refers to a notice of violation, finding of violation, order or such other document by which the department, a person, or agency starts action against any person or entity.

"Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after opportunity for a hearing.

"Day" means calendar day unless otherwise specified.

"Declaratory order" means a determination by the director as to the applicability of any rule or order of the department or of a statute, which the department is required to administer or enforce.

"Department" means the department of health, State of Hawaii, including attached entities.

"Director" means the director of health.

"Final decision maker" means the individual or entity with the authority to render and issue a final decision and order, and final findings of fact and conclusions of law in a contested case.

"Hearings officer" means the individual or entity designated to conduct hearings by the director.

"Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as party, in an agency proceeding.

"Persons" includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than agencies.

"Petition" refers to a document used to request a declaratory ruling or rulemaking.

"Petitioner" means a person or agency making or on whose behalf a petition is made for a declaratory ruling as to the applicability of any statutory provision or of any department rule or order, or for rulemaking, including the adoption, amendment, or repeal of any department rule.

"Respondent" means the party in a contested case against whom the complaint is filed, any party against whom relief is being sought, or any party who contests or controverts a proceeding initiated by another party.

"Rulemaking" means any formal action for the adoption, amendment, or repeal of any rule of the department.

Haw. Code R. § 11-1-3

[Eff 2/14/2005] (Auth: HRS §§ 91-2, 321-9) (Imp: HRS § 91-1, 91-2)