Haw. Code R. § 16-601-2

Current through April, 2024
Section 16-601-2 - Definitions

As used in this chapter, except as otherwise required by context:

"Administrative director" means the person appointed by the chairperson to be the administrative head of the commission staff.

"Agency hearing" or "hearing" has the same meaning as in section 91-1(6), HRS.

"Applicant" or "petitioner" means a person who files an application seeking permission or authorization which the commission may grant under statutory or other authority delegated to it.

"Chairperson" means the commissioner designated by the governor to be chairperson of the commission.

"Chief clerk" or "deputy clerk" means the person or persons appointed to receive, record, and preserve the records of the commission.

"Commission" means the public utilities commission of the State.

"Commissioner" means a member of the public utilities commission.

"Consumer advocate" means the executive director of the division of consumer advocacy of the department of commerce and consumer affairs.

"Contested case" has the same meaning as in section 91-1(5), HRS.

"General rate increase" means a partial or flat increase in the general level of the rates or charges for revenue purposes or to increase the rate of return. The establishment of a rate or charge for a new service, an adjustment of or a change in a particular rate or charges for the purpose of eliminating inequities, preferences, or discriminations, or increases in rates or charges resulting from an automatic rate adjustment clause are not general rate increases.

"Government records" means the same as in section 92F-3, HRS.

"Hearings officer" means a person appointed as such pursuant to section 269-6, HRS.

"HRS" means the Hawaii Revised Statutes.

"Intervenor" means a person who moves to intervene in a contested case and is admitted as a party.

"Meeting" has the same meaning as in section 92-2(3), HRS.

"Motor carrier" has the same meaning as in section 271-4(13), HRS.

"Movant" means a party that moves,- a party that makes a motion before this commission; a party that applies for a ruling or an order from this commission.

"Participant" means a person allowed to participate in a proceeding pursuant to section 16-601-56.

"Party" has the same meaning as in section 91-1(3), HRS. Whenever the word "party" is used in this chapter, it also includes a participant where the context requires.

"Person" means and includes individuals, partnerships, corporations, associations, joint stock companies, public trusts, organized groups of persons, whether incorporated or not, receivers or trustees of the foregoing, municipalities, including cities, counties, or other political subdivisions of the State, or any agency, authority or instrumentality of the State, or of any one or more of the foregoing.

"Presiding officer" means any member of the commission or any person appointed as a hearings officer by the chairperson. Unless otherwise designated, the chairperson is the presiding officer.

"Proceeding" means any matter brought before the commission or initiated by the commission which it has jurisdiction to entertain and dispose.

"Public hearing" means a public hearing described in section 269-16, HRS, or section 91-3, HRS, or a proceeding initiated by the commission, either on its own motion or as required by law, for the purpose of obtaining data, comments, opinions, or statements.

"Public utility" means the same as in section 269-1, HRS.

"Respondent" means a person subject to any statute administered by the commission or any order or rule issued or promulgated thereunder against whom a complaint is filed or to whom an order or notice is issued by the commission instituting a proceeding or investigation.

"State" means the State of Hawaii.

"Tariff change" means any change or addition to a public utility, motor carrier, or water carrier tariff on file with the commission,

"Water carrier" or "common carrier by water" has the same meaning as in section 271G-5(7), HRS.

Haw. Code R. § 16-601-2

[Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 269-51, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-1, 269-51, 271-4, 271G-5)