HAR §13-1-2. Definitions

(a) As used in this chapter, unless the context requires otherwise: “Applicant” means the applicant or petitioner who initiates a request to the board for a permit or other authorization, or for relief. “Application” means the application or petition made to the board for a permit or other authorization, or for other relief. “Board” means the board of land and natural resources. “Chairperson” means the chairperson of the board of land and natural resources. “Contested case” means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for an agency hearing. “Department” means that department of land and natural resources. “Government records” is defined in section 92F-3, HRS. The term shall include all rules, written statements of policy or interpretation formulated, adopted, or used by the board, all final opinions and orders, the minutes of meetings of the board and any other material required by law to be kept on file in the office of the board unless accorded confidential treatment pursuant to law. “Party” means each person or agency named or admitted as a party. “Person” means as appropriate individuals, partnerships, corporations, associations, or public or private organizations of any character other than agencies. “Petitioner” means the person or agency on whose behalf a petition or application is made. “Presiding officer” means the person conducting 1-6 the hearing which shall be the chairperson or the chairperson’s designated representative. “Proceeding” means the board’s consideration of the relevant facts and applicable law and action thereon with respect to a particular subject within the board’s jurisdiction, initiated by a filing or submittal or request or a board’s notice or order, and shall include but not be limited to: (1) Proceedings involving the adoption of forest reserve or watershed boundaries; (2) Petitions for the creation of land use subzones in conservation districts; (3) Petitions or applications for the granting or declaring of any right, privilege, authority, or relief under or from any provision of law or any rule or requirement made pursuant to authority granted by law; (4) An investigation or review instituted or requested to be instituted by the board; or (5) Proceedings involving the adoption, amendment, or repeal of any rule of the board whether initiated by board order or notice or by petition of an interested person. “Proposed rulemaking” includes a proposal to adopt, amend, or repeal a rule, as the case may be. “Public hearing” means a hearing required by law in which members of the public generally may comment upon the subject matter of the hearing. [Eff 6/22/81; am 9/7/82; am and comp 2/27/09] (Auth: HRS §§91-2, 171-6) (Imp: HRS §§91-2, 91-8, 92F-3, 92F-13, 171-6)