HAR §16-201-2. Definitions

As used in this chapter, unless the context otherwise requires: “Aggrieved person” means any person who shall be adversely affected by an action, decision, order, or rule of the authority or who shall be adversely affected by the action or conduct of any person if the action or conduct is within the authority’s jurisdiction to regulate, and shall also include any person who requires the authority’s permission to engage in or refrain from engaging in an activity or conduct which is subject to regulation by the authority. “Authority” means the director of commerce and consumer affairs, commissioner of securities, insurance commissioner, commissioner of financial institutions, and any board or commission attached for administrative purposes to the department of commerce and consumer affairs with rulemaking, decision making, or adjudicatory powers. “Department” means the department of commerce and consumer affairs and any division or branch thereof. - 4 - “Declaratory relief” means the authority’s declaration as to the applicability or non- applicability with respect to a factual situation of any rule or order of the authority or of a statute which the authority is required to administer or enforce. “Hearings officer” means a licensed attorney, duly appointed and authorized to hold a hearing for the purpose of taking evidence or oral argument and making a recommended decision in any case or controversy within the jurisdiction of the authority. “Hearings relief” means the determination by the authority of the legal rights, duties, or privileges of specific parties which are required by law to be determined after an opportunity for agency hearing. “License” means any grant, permission, permit, franchise, license, certificate, registration, entitlement, or right to engage in an activity required by law to be given by an authority. “Member of authority” means any member of a board or commission attached for administrative purposes to the department of commerce and consumer affairs with rulemaking, decision making, or adjudicatory powers. “Party” means the department if named, permitted or entitled as of right to participate in a proceeding, each person named in a proceeding, or any interested or aggrieved person permitted or entitled as of right to participate in a proceeding before the authority in the capacity of a petitioner, claimant, respondent, intervenor, or in a capacity other than that of a witness. “Person” means individuals, partnerships, corporations, associations, or public or private organizations of any character, other than the authority or department. “Petition” means an application to the authority by a party which seeks relief hereunder. “Petitioner” means a party who initiates a proceeding and includes, but is not limited to, the authority in cases where the authority has issued a summary order against a licensee or an order to cease and desist. “Respondent” means the party against whom the petition is filed, the party against whom relief is sought, or any party who contests or controverts a proceeding. “Rule” shall have the same meaning as provided in section 91-1(4), HRS. “Rule relief” means the adoption, modification, or repeal of any regulatory rule by the authority which is initiated by petition. [Eff 7/11/81; am and comp 1/25/85; am and comp 7/6/90] (Auth: HRS §§91-2, 26-9) (Imp: HRS §§91-2, 26-9) - 5 -