HAR §21-1-2. Definitions

As used in title 21, chapters I through I 0, unless the context clearly requires otherwise: "Administrative action,, has the same meaning as in section 97-1, HRS. "Advisory opinion" means formal written guidance rendered by the commission pursuant to a request by any individual as lo whether the facts and circumstances of that individual's particular case violate or wHl violate any provision ofchapter 84, chapter 97, section 11 -8, or section 11-3 16, HRS. ''Agency" has the same meaning as ''slate agency" in section 84-3, HRS. "Answer" mean.s the written response by a respondent to a charge. "Charge,, means a document signed under oath, or a document signed by three or more com.missioners, alleging basic facts constituting a violation of one or more provisions of chapter 84 or 97, HRS. "Commission" means the ethics commission of the State of Hawaii. 1-2 §21-1-2 "Complainant" means a person who has provided unswom infonnation of an alleged violation ofchapter 84 or 97, HRS, or filed a charge. "Contested case" or "contesled hearing" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determi11ed after an opportunity for a hearing consistent with chapter 91, HRS. "Declaratory order" means a wril1en decision issued after a petition by any interested perspn as to the applicabi I ity ofany statutory provision over which the commission has jurisdiction or ofany mle or order of the commission. I "Dependent child" means any person who is or could be claimed as a dependent foi- federal or state income tax purposes, or any child under 19 years old related to the filer for whom the filer is or could be legally obligated to provide fu1ancial support. "Employee" has the same mea11i11g as in section 84-3, HRS. "Executive director" means the chief staff member or designee of the commission. "Fiscal officer'' means, for the purposes of section 84-l 7(c)(2), HRS, an employee who exercises significant authority over purchas,i_ng or fiscal matters or both, including any person with delegated authority to enter Lnto and administer contracts and make written determinations with respect thereto. An employee who lakes only ministerial action will not be considered a fiscal officer and will not be required to file a disclosure offinancial interests pursuant to section 84-17, HRS. ''Legislative action" has the same meaning as in section 97-1, HRS. ''Lobbying" has the same meaning as in section 97-1, HRS, and includes direct lobbying and grassroots lobbying as defined in section 21-10-1, but excludes purely administrative lasks such as making copies and scheduling meetings. '·Lobbyist" means any individual as defined by section 97-1, HRS, and includes all agents acting on behalf of the lobbyist. "Participate" means, for the purpose of sections 84-14, 84-1 S, and 84-18, HRS, to take any action, other than an action that is purely ministerial, in one's official capacity as an employee or legislator. "Presiding officer" means the chairperson of the commission, or another commissioner or hearing officer as selected by the commission to conduct a contested case hearing. "Purchasing agent'' means the same as fiscal officer. "Redacted" or "redaction" means the omission or deletion of facts lo prevent disclosing the identity of persons. "Respondent" means the persOJl .who iSr{I ~b.i~ct of a charge. [Eff July 13, 198 1; am and comp NUV 2 0 ~U~ij ] (Auth: HRS §§84­ 31(a)(S), 97-6(a)(5)) (Imp: HRS §§84-3i 84-14, 84-15, 84-17, 84-18, 84-31, 84­ 32, 84-35, 91-1, 97-6) 1-3