Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 96 - PILOTAGE
Subchapter 1 - GENERAL PROVISIONS
Section 16-96-2.1 - Definitions

As used in this chapter:

"Active service" means participation in the statewide pilotage system, compliance with work rules adopted pursuant to this chapter, and the piloting or onboard observation of a roundtrip in and out of all designated deep draft harbors in the state in each calendar year; provided that the director may waive the piloting or onboard observation requirement for any particular deep draft harbor if there are insufficient vessel movements in that particular harbor.

"Agency hearing" refers to only such hearing required by law to be held by the director immediately prior to a judicial review of a contested case as provided in section 91-14, Hawaii Revised Statutes.

"Applicant" means an individual applying for a deputy port pilot license, a port pilot license, or for renewal of a pilot's license.

"Application" means a request or proposal for a deputy port pilot license, a port pilot license, or for renewal of a pilot's license.

"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 agency hearing.

"Charges" means the fees assessed by licensed pilots for special or auxiliary services rendered by the pilot.

"Department" means the department of commerce and consumer affairs and any division or branch thereof.

"Director" means the director of commerce and consumer affairs.

"Hearings officer" means any person 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 director.

"Interested person" means any person with a substantial interest in the outcome of any proceeding conducted by the director.

"Party" means the department or any division or branch thereof, 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 director in the capacity of a petitioner, claimant, respondent, intervenor, or in a capacity other than that of a witness.

"Person" means individual, partnership, corporation, association, public or private organization of any character, or any state or federal agency, other than the director.

"Petition" means an application, request, or a proposal to the director by a party for a change in the rates or charges of pilotage for vessels subject to chapter 462A, HRS, or for any relief within the jurisdiction of the director.

"Petitioner" means a party who initiates a proceeding for any relief within the jurisdiction of the director.

"Rates" means the basic charges for all vessels using the services of a licensed pilot to move a nonexempt vessel entering or departing from any port in or transversing the waters of the State designated as pilotage waters.