HAR §4-1-2

HAR §4-1-2. Definitions

Last amended: 1986Length: 385 wordsOfficial source

Cite as Haw. Code R. § 4-1-2

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. 1-4 "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. [Eff SEP 22 1986] (Auth: HRS §91-2) (Imp: HRS §91-2)