HAR §10-1-5. Definitions

As used in this title, unless the context clearly provides otherwise: "Act" means the Hawaiian Homes Commission Act of 1920, as amended. "Advisory council" means the park advisory council established in section 10-4-34 for the purpose of advising the department on rules, practices, and activities on or affecting parks on Hawaiian home lands. "Agency" means an agency of the federal, state, or county government. "Appraisal" means the process of estimating value. "Authorized representative" means any person permitted by the commission to act on its behalf including the chairman and the chairman's designee. "Available lands" means public lands designated as available lands under section 203 of the act. "Camper" means any person who remains or intends to remain at a park on Hawaiian home lands in order to use the park for overnight accommodations. "Camping" means the use and occupation of any park on Hawaiian home lands on which at least one person remains or intends to remain overnight. "Chairman" means the chairman of the commission. "Commission" means the Hawaiian homes commission. "Complainant" means the person or agency 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 an opportunity for hearing before the commission, and shall include but not be limited to proceedings involving the denial or cancellation of homestead leases issued by the department, and loan or tax delinquencies. "Deferred status" means the status of an applicant in which the applicant will not be considered for an award, but will retain one's position on the waiting list. "Department" means the department of Hawaiian home lands. 322.4. §10-1-5 "Government records" has the same meaning as defined in chapter 92F, HRS. "Hawaiian" means any descendant of the races inhabiting the Hawaiian islands previous to 1778. "Hawaiian home lands" means all lands given the status of Hawaiian home lands under section 204 of the act. "Hearing officer" means a person appointed by the commission or chairman at the request of the commission, authorized and qualified to hold a hearing for the purpose of taking evidence and making recommended decisions in any contested case. "Homesteader" means the holder or successor thereto of a lease which may be of the following classes issued under section 207 of the act: (1) Residential or residence lot lease; (2) Pastoral or pastoral lot lease; and (3) Agricultural or agricultural lot lease. "HRS" means the Hawaii Revised Statutes, as amended. "Lessee" has the same meaning as homesteader. "Munitions and explosives of concern (MEC)" means specific categories of military munitions that may pose unique explosives safety risks such as UXO; "discarded military munitions" as defined in 10 U.S.C. 2710 (e) (2); or munitions constituents present in high enough concentrations to pose an explosive hazard. "Munitions constituents" means any materials originating from UXO, discarded military munitions, or other military munitions, including explosive and nonexplosive materials, and emission, degradation, or breakdown elements· of such ordinance or munitions. "Native Hawaiian" means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian islands previous to 1778. "Party" means each person or agency named or admitted as such, or properly seeking and entitled as a matter of right to be admitted as such in a proceeding. §10-1-5 "Person" includes any individual, partnership, corporation, association, or public or private organization of any character other than an agency. "Petitioner" means any interested person who in an individual or representative capacity requests: · (1) A hearing as authorized by statute, law, or these rules; (2) A declaratory ruling; (3) Applicability of a departmental rule or order; or (4) Adoption, amendment, or repeal of any departmental rule. "Picnic" means use of a park on Hawaiian hdme lands that does not include overnight accommodation. "Presiding officer" means the person conducting a hearing and may be the chairman or a duly appointed representative. "Priority and preference for award of leases" means the department's lease award process from 1963 to 1977 that awards leases, according to ranking, to applicants in one of three priority groups categorized under the priority ranking system and defined as follows: Priority I includes applicants and their spouses and children who are one hundred per cent Hawaiian; Priority II includes applicants and their spouses and children who are no less than fifty per cent Hawaiian; and Priority III includes only applicants who are no less than fifty per cent Hawaiian. "Public lands" has the same meaning as defined in chapter 171, HRS. "Respondent" means the party in a contested case against whom an order to show cause has been issued by the commission on its own initiative or a notice of hearing has been issued on the basis of a complaint filed with the commission. "Rule" means a statement of general or particular applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure or practice requirements of the department. 3224 3224 §10-1-5 "Rulemaking procedure" means any formal action to adopt, amend, or repeal any rule of the department. "State" means the State of Hawaii. "Successor" means a qualified person designated by an applicant or lessee to succeed to the applicant's application rights or the lessee's lease. "Tract" means any tract of Hawaiian home lands leased, as authorized by section 207 of the act. "Undeveloped lot" means a lot that is raw land for which there has not been substantial improvements suitable for the type of award. "Vacant lot" means a lot that the department has prepared for development either fully or partially but lacks vertical improvement appropriate for the type of award. "Unexploded ordnance (UXO)" means military munitions that: (1) Have been primed, fused, armed, or otherwise prepared for action; (2) Have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel or material; and (3) Remain unexploded, whether by malfunction, design, or any other cause. "UXO lands" means certain Hawaiian home lands which have been categorized as formerly used defense sites and may contain MEC. [Eff 7/30/81; am and comp 10/26/98; am MAR 312017 J (Auth: HHC Act §222) (Imp: HHC Act) §10-1-7