Haw. Code R. § 4-1-2

Current through November, 2024
Section 4-1-2 - Definitions

As used in this chapter unless the context otherwise requires:

"Board" means the state board of agriculture.

"Chairperson" means the chairperson of the state board of agriculture.

"Complainant" means a person, an agency, or an officer upon whose complaint a proceeding is instituted.

"Department" means the state department of agriculture.

"Deputy" means the deputy to the chairperson of the state board of agriculture.

"Hearing officer" means a person duly appointed by the board to hold a hearing to take evidence or oral argument, and to make a recommended decision in any case or controversy within the jurisdiction of the board.

"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 board in the capacity of a petitioner, 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 board or department.

"Petitioner" means a person on whose behalf petitions are made in proceedings involving declaratory rulings or the adopting, repealing, or amending of any rule of the board.

"Proceeding" means the board's consideration of the relevant facts and applicable law and action thereupon, with respect to a particular subject within the board's jurisdiction, initiated by a filing, a submittal, a request, or the board's notice or order. It shall include, but not be limited to, the following:

(1) Contested cases involving the denial, suspension, or revocation of, or refusal to renew, any license, permit, or certificate issued by the board;

(2) Proceedings involving petitions for declaratory rulings;

(3) An investigation or review instituted or requested to be instituted by the board; and

(4) Proceedings involving the adoption, amendment, or repeal of any rule of the board, whether initiated by board order or by petition of a person with a legal interest.

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

Haw. Code R. § 4-1-2

[Eff SEP 22 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)