Haw. Code R. § 19-1-2

Current through April, 2024
Section 19-1-2 - Definitions

Whenever used in this chapter, unless the context otherwise requires:

"Complainant" means the person, agency or officer 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 opportunity for hearing before the director.

"Department" means the department of transportation.

"Director" means the director of transportation.

"Hearing" means any formal proceeding for the determination of the legal rights of specific parties which is authorized by law or rules in a matter which is initiated by action taken, or to be taken, by the department or which may be initiated by a petition or application for the granting of any right, privilege, authority or relief from or after administrative action.

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

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

"Petitioner" means the person making or on whose behalf a petition or. application is made for a hearing which the director may hold under statutory or other authority delegated to him or for a declaratory ruling, as to the applicability of any statutory provision or of any department rule or order, or for the adoption, amendment or repeal of any department rule or regulation.

"Presiding officer" means the person conducting the hearing and may be the director of transportation or his representative.

"Public records" shall have the same meaning as is given the term in chapter 92, Hawaii Revised Statutes, and includes all rules, written statements of policy or interpretation formulated, adopted, or used by the department, all final opinions and orders, and any standard form or instrument used by the department.

"Respondent" means the party in a contested case against whom an order to show cause has been issued by the director, on his own initiative or a-notice of hearing, has been issued on the basis of a complaint filed with the director.

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

Haw. Code R. § 19-1-2

[Eff 6/1/81; comp OCT 16 2000] (Auth: HRS § 91-2) (Imp: HRS § 91-2)