Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 118 - DISINTERMENT PERMITS
Section 11-118-1 - Definitions
As used in this chapter:
"Burial site" has the same meaning as defined in section 6E-2, Hawaii Revised Statutes (HRS).
"Cemetery" has the same meaning as defined in section 441-1, HRS.
"Cemetery authority" has the same meaning as defined in section 441-1, HRS.
"Cemetery property" has the same meaning as defined in section 441-1, HRS.
"Container believed to hold remains" means something in which remains are placed for burial or other disposition, such as a body bag, box, burial receptacle, casket, or coffin.
"Department" means the department of health.
"Director" means the director of the state department of health or the director's duly authorized agent.
"Disinterment" means any exposure, disturbance, or removal of remains or of any burial receptacle, coffin, or other container believed to hold remains, from any place of burial or any location believed to be a place of burial, whether that burial is marked or unmarked.
"Disposition" means the mode of situating remains, including burial, cremation, entombment, medical or research use, burial at sea, transport within or between islands and out of State, or other disposal approved by the department.
"Disturbance of remains" includes, but is not limited to, digging or excavating at a place of burial that causes contact with, disturbance of, or exposure of any burial receptacle, coffin, or other container believed to hold remains, whether or not the place of burial is marked or unmarked and whether or not the burial receptacle, coffin, or other container is opened.
"Electronic disinterment application and permit system" means the department's Internet-based program used to apply for, process, and issue a disinterment permit.
"Family burial plot" has the same meaning as defined in section 441-5.5, HRS.
"Funeral services" has the same meaning as defined in section 441-1, HRS.
"Inadvertently discovered remains" means remains that are unexpectedly exposed or disturbed in a place not known to be a place of burial.
"Interment" has the same meaning as defined in section 441-1, HRS.
"Marked burial" means a place of burial with a headstone, plaque, or other identifying marker, containing remains.
"Mortuary" means an entity meeting the requirements set forth in section 11-22-3.
"Mortuary authority" has the same meaning as defined in section 441-1, HRS.
"Niche" has the same meaning as defined in section 441-1, HRS.
"Person" has the same meaning as defined in section 441-1, HRS.
"Place of burial" means a place where remains are located, including a known, maintained, actively used cemetery or cemetery property registered by the department of commerce and consumer affairs where remains are interred, a family burial plot, or an unmarked burial site. "Place of burial" does not include a niche that only contains cremated remains.
"Plot" has the same meaning as defined in section 441-1, HRS.
"Remains" means all or part of a dead human body or corpse, exclusive of ashes, cremated remains, or medical waste.
"State" means the State of Hawaii.
"State registrar" means the state registrar of vital statistics of the state department of health or the state registrar's duly authorized agent.
"Unmarked burial" means a specific designated location that has no headstone, plaque, or other identifying marker, but which is known to contain human remains. "Unmarked burial" does not include an inadvertent discovery of remains or an inadvertent discovery of a burial site.
