HAR §5-1-2. Definitions

Whenever used in this chapter, unless the context otherwise requires: 1-3 §5-1-2 "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 the attorney general, including all administrative offices, agencies, boards, and commissions placed or established within the department. "Director" means the attorney general or the head of a board, commission, agency, or office placed within the department for administrative purposes. "Hearing" means any formal proceeding for the determination of the legal rights of specific parties that 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 the director 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. "Presiding officer" means the person conducting the hearing and may be the director or the director's representative. "Public records" means those government records that the department may disclose pursuant to chapter 92F, Hawaii Revised Statutes. "Respondent" means the party in a contested case against whom an order to show cause has been issued by the director on the director's own initiative or a notice of hearing has been issued on the basis of a complaint filed with the director. 1-4 §5-1-2 "Rulemaking" means any formal action for the adoption, amendment, or repeal of any rule of the department. [Eff Jan. 16, 1993] (Auth: HRS §§28-10.8, 91-2) (Imp: HRS §91-2)