HAR §15-15-03. Definitions

As used in this chapter: "Accessory building or use" means a subordinate building or use which is incidenta! to and customary with a permitted use of the land. "Agency" means each state or county board, commission, department, or office authorized by law to make rules or to adjudicate contested cases, except those in legislative or judicial branches. "Agency hearing" refers only to a hQaring held by an agency immediately prior to a judicial review of a contested case as provided in section 91-14, HRS. "Agricultural park" means the same as in section 166-2, HRS. "Building" means any structure having a roof, including, but not limited to, attached carports and similar structures. "Chairperson" means the chairperson of the commission. "Chief clerk" means the person who is responsible for receiving, recording, and preserving the records of 7 all matters brought before the commission. "Commission" means the land use commission of the State of Hawai'i. "Commissioner" means a member of the commission. "Contested case" means a proceeding in which legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for agency hearing. "District" means an area of land, including lands underwater, established as an urban, agricultural, conservation, or rural district. "Dwelling" means a building designed or used exclusively for single family residential occupancy, but not including house trailer, multi-family unit, mobile home, hotel, or mote!. "Economic feasibility" means the degree to which the market demand for the proposed project, development, or use by the petitioner is accurately estimated and appears to besubstantial enough to indicate the probability of a viable endeavor to justify the boundary amendment. "Executive officer" means the individual appointed by the commission to be the administrative officer of the commission. "Facsimile" means a document produced by a receiver of signals transmitted over telecommunication lines, after translating the signals, to produce a duplicate of an original document. "Farm dwelling" means a single-family dwelling located on and used in connection with a farm or where agricultural activity provides income to the family occupying the dwelling. "Filing" means the submittal of documents with the chief clerk. A document will be considered filed at the time it is received in the chief clerk's office, as evidenced by the date and time endorsed on the document by or at the direction of the chief clerk. Unless otherwise specifically provided in these rules, electronic or facsimile transmission of documents to the chief clerk or executive officer of the commission does not constitute filing. This definition is to be distinguished from the definition for "proper filing" for petitions to amend a district boundary. "Hearings officer" means a person or persons duly designated and authorized by the commission to conduct proceedings on matters within the jurisdiction of the commission for purposes of taking testimony and to report the person's findings and. recommendations to the commission. ,HRS" means the Hawai'i Revised Statutes. 3081 I LJu "Intervenor" means a person who properly seeks by application to intervene and is entitled to be admitted as a party in any contested case proceeding before the commission. "Land" means all tea! property in the State including areas under water within the boundaries of the State. "Landowner" means a person or party with a fee simple interest in the land. "Lot" means a single parcel of land of record in the real property tax records of the county in which the land is located. "Map" means the land use district boundaries maps of the commission. "Meeting" means the convening of the commission for which a quorum is required in order to make a decision or deliberate toward a decision upon a matter over which the commission has supervision, contro!, jurisdiction, or advisory power. "Party" means a person named or admitted as a party or entitled as of right to be admitted as a party in any contested case proceeding before the commission. "Person" means any individual, corporation, firm, association, partnership, society, or other lega! entity, and any federal, state, and county department or agency. "Petitioner" means a person who seeks permission or authorization from the commission in any matter for which the commission is authorized to grant relief. "Planning commission" means the planning commissions of the various counties, including the city and county of Honolulu. "Presiding officer" means any commissioner or a hearings officer duly designated as such. Unless otherwise designated, the chairperson shall be the presiding officer. "Proceeding" means any matter brought before the commission over which the commission has jurisdiction and shall include, but not be limited to: 1 Petitions for district boundary amendment; 2 Petitions for special permit; 3 Proceedings for the adoption, amendment, or repeal of rules under sections 91-3 and 205-7, HRS; 4 Petitions for declaratory orders under section 91-8, HRS; 5 An investigation or review instituted or requested tobe initiated by the commission; and 6 All other matters in the administration of J chapter 205, HRS. "Proper filing," as applied in section 205-4, HRS, means after a petition for district boundary amendment has been filed with the chief clerk, and the executive officer has made a determination that the petition conforms to the requirements of section 15-15-50 and accepts the petition for processing. "Public records" means the same as "government records" as defined in chapter 92F, HRS. "Public institution or building" means any institution or building being used by a federal, state, or county agency for a public purpose. "Respondent" means a person subject to any statute, rule, or order administered by the commission and upon whom an order or notice is issued by the commission instituting an agency hearing to show cause. "Shoreline" means the same as in section 205A-I, HRS. "Single-family dwelling" means a dwelling occupied exclusively by one family. "State" means the State of Hawai'i. "Structure" means a constructed or erected material or combination of materials, which requires location on the ground, including, but not limited to, buildings, radio towers, sheds, storage bins, fences, and signs. "Unauthorized ex parte communication" means private communications or arguments with members of the commission, or its hearings officer as to the merits of a proceeding with a view towards influencing the outcome of the petition or proceeding. JEff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp OV 0ÿ5 ] (Auth: HRS §ÿ205-i, 205-7) (Imp: HRS 91-2 -1, 205-7)