Hawaii Administrative Rules
Title 21 - LEGISLATIVE AGENCIES
Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS
Section 21-1-2 - Definitions

As used in title 21, chapters 1 through 10, unless the context clearly requires otherwise:

''Administrative action" has the same meaning as in section 97-1, HRS.

"Advisory opinion" means formal written guidance rendered by the commission pursuant to a request by any individual as to whether the facts and circumstances of that individual's particular case violate or will violate any provision of chapter 84, chapter 97, section 11-8, or section 11-316, HRS.

"Agency" has the same meaning as "stale agency" in section 84-3, HRS.

"Answer" means the written response by a respondent to a charge.

"Charge" means a document signed under oath, or a document signed by three or more commissioners, alleging basic facts constituting a violation of one or more provisions of chapter 84 or 97, HRS.

"Commission" means the ethics commission of the State of Hawaii.

"Complainant" means a person who has provided unsworn information of an alleged violation of chapter 84 or 97, HRS, or filed a charge,

"Contested case" or "contested hearing" 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 a hearing consistent with chapter 91, HRS.

"Declaratory order" means a written decision issued after a petition by any interested person as to the applicability of any statutory provision over which the commission has jurisdiction or of any rule or order of the commission.

"Dependent child" means any person who is or could be claimed as a dependent for federal or state income lax purposes, or any child under 19 years old related to the filer for whom the filer is or could be legally obligated to provide financial support.

"Employee" has the same meaning as in section 84-3, HRS.

"Executive director" means the chief staff member or designee of the commission.

"Fiscal officer" means, for the purposes of section 84-17(c)(2), HRS, an employee who exercises significant authority over purchasing or fiscal matters or both, including any person with delegated authority to enter into and administer contracts and make written determinations with respect thereto. An employee who takes only ministerial action will not be considered a fiscal officer and will not be required to file a disclosure of financial interests pursuant to section 84-17, HRS.

"Legislative action" has the same meaning as in section 97-1, HRS.

"Lobbying" has the same meaning as in section 97-1, HRS, and includes direct lobbying and grassroots lobbying as defined in section 21-10-1, but excludes purely administrative tasks such as making copies and scheduling meetings.

"Lobbyist" means any individual as defined by section 97-1, HRS, and includes all agents acting on behalf of the lobbyist.

"Participate" means, for the purpose of sections 84-14, 84-15, and 84-18, HRS, to take any action, other than an action that is purely ministerial, in one's official capacity as an employee or legislator.

"Presiding officer" means the chairperson of the commission, or another commissioner or hearing officer as selected by the commission to conduct a contested case hearing.

"Purchasing agent" means the same as fiscal officer.

"Redacted" or "redaction" means the omission or deletion of facts to prevent disclosing the identity of persons.

"Respondent" means the person who is a subject of a charge.