Hawaii Regulations § 3-161-2 Definitions
Regulation Text
Unless the context specifically indicates otherwise, as used in this chapter:
"Aggrieved person" means any person who shall be adversely affected by an action, decision, determination, order, or rule of the commission or who shall be adversely affected by the action or conduct of any person if the action or conduct is within the commission's jurisdiction to regulate, and shall also include any person who requires the commission's permission to engage in or refrain from engaging in an activity or conduct which is subject to regulation by the commission.
"Declaratory relief" means the commission's declaration as to the applicability or non-applicability of any rule or order of the commission or a statute that the commission is required to administer or enforce to a factual situation.
"Hearings officer" means any person duly appointed and authorized by the commission 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 commission.
"Hearings relief" means the determination by the commission of the legal rights, duties, or privileges of specific parties which are required by law to be determined after an opportunity for agency hearing, including any determination of complaints of violations of chapter
11
, part XIII, Campaign Finance, Hawaii Revised Statutes.
"Party" means any member of the commission's staff or executive director, or any candidate, authorized representative of a candidate, committee, party, complainant, person 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 commission in the capacity of a petitioner, claimant, respondent, intervenor, or in a capacity other than that of a witness.
"Person" means any individual, partnership, corporation, association, public or private organization of any character, candidate, committee, or party, other than the commission.
"Petition" means an application to the commission by a party which seeks relief hereunder, including any complaint against any person alleging a violation of chapter
11
, part XIII, Campaign Finance, Hawaii Revised Statutes, and the commission's preliminary determination of probable cause and the preliminary findings of fact and conclusions of law issued by the commission pursuant to section
3-160-72
.
"Petitioner" means a party who initiates a proceeding and includes but is not limited to any person, complainant, party, or committee who files a complaint pursuant to section
3-160-70
, and the commission in cases where the commission has issued an initial decision or determination or an order to cease and desist.
"Respondent" means the party against whom a complaint or petition is filed, the party against whom relief is sought, any party who contests or controverts a proceeding, or any party who contests the commission's preliminary determination of probable cause issued pursuant to section
11-405
, Hawaii Revised Statutes, and has made a timely request for hearing relief.
"Rule" shall have the same meaning as provided in section
91-1
(4)
, Hawaii Revised Statutes.
"Rule relief" means the adoption, modification, or repeal of any regulatory rule by the commission which is initiated or requested by petition or complaint.
History
[Eff MAY 29 2010] (Auth: HRS §§ 91-2 , 11-193) (Imp: HRS §§ 91-2 , 91-3 , 91-8 , 91-9 , 92-16 , 11-193, 11-216, 11-225, 11-228, 11-229)
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