HAR §11-118-1. "Inadvertently discovered remains" means remains that are unexpectedly exposed or disturbed in a place not known to be a place of burial

"Interment" has the same meaning as defined in section 441-1, HRS. "Marked burial" means a place of burial with a headstone, plaque, or other identifying marker, containing remains. "Mortuary" means an entity meeting the requirements set forth in section 11-22-3. "Mortuary authority" has the same meaning as defined in section 441-1, HRS. "Niche" has the same meaning as defined in section 441-1, HRS. "Person" has the same meaning as defined in section 441-1, HRS. "Place of burial" means a place where remains are located, including a known, maintained, actively used cemetery or cemetery property registered by the department of commerce and consumer affairs where remains are interred, a family burial plot, or an unmarked burial site. "Place of burial" does not include a niche that only contains cremated remains. "Plot" has the same meaning as defined in section 441-1, HRS. "Remains" means all or part of a dead human body or corpse, exclusive of ashes, cremated remains, or medical waste. "State" means the State of Hawaii. "State registrar" means the state registrar of vital statistics of the state department of health or the state registrar's duly authorized agent. "Unmarked burial" means a specific designated location that has no headstone, plaque, or other identifying marker, but which is known to contain human remains. "Unmarked burial" does not include an inadvertent discovery of remains or an inadvertent discovery of a burial site. [Eff OCT 19 2018] (Auth: HRS §§321-9, 321-11, 338-25.5) (Imp: HRS §338-25.5) 118-3 3291 §11-118-2 # §11-118-2 Permit required for disinterment (a) Subject to section 11-118-3, a disinterment permit is required for the disinterment or disturbance of remains from a place of burial for all purposes, including: (1) Removing or disturbing and reinterring the same remains in the same location; (2) Interring additional remains, including cremated remains, in a place of burial; (3) Removing to cremate or otherwise dispose of the remains pursuant to a disposition permit; (4) Removing the remains to inter the remains in another location pursuant to a disposition permit; (5) Removing unknown or unidentified remains for the purpose of identifying the remains (e.g., unknown or unidentified armed forces members); (6) Temporarily removing remains to repair or renovate cemetery property or other place of burial; (7) Removing or relocating remains after damage or threatened damage to a place of burial due to hurricanes, floods, natural disasters, or other unexpected occurrence; provided that the landowner, including the owner of a cemetery or the owner's representative, notifies the department of the damage or threatened damage as soon as possible after the occurrence and applies for a disinterment permit; and (8) Any other reason, subject to the approval of the department. (b) A disinterment permit is not required for disinterment or disturbance of remains at burial sites where prehistoric or historic remains are interred, but any exposure, disturbance, or removal of any remains or burial goods from those sites is subject to 118-4 3291