Administrative Code Provisions | WCHR ยง 23-605-2 | 2018
The definitions in this chapter shall follow the definitions that are in chapter 351, Hawaii Revised Statutes. In addition, the definitions as used in this chapter are as follows:
"Administrative decision" means a decision that is adjudicated by the executive director.
"Administrative limit" means the established maximum compensation benefit as established by the commission members that may be paid.
"Appeal from administrative decision hearing" means the hearing conducted by the commission members that is the result of an appeal from an administrative decision.
"Applicant" means a person who has filed a claim or a person who is legally authorized to act on behalf of a child or dependent.
"Compensation" means restitution for losses directly related to the crime that can be substantiated and which may include medical, therapy, funeral, lost earnings, and other losses.
"Good cause" means a determination that the applicant was unable to file an application within 18 months after the date of the incident or report the incident to the police without undue delay due to a mental, physical or legal impairment. Good cause may not be established by ignorance of the law, incarceration, or negligent failure to ascertain the facts giving rise to a claim.
"Good Samaritan claim" means a claim brought pursuant to section 351-51, Hawaii Revised Statutes.
"Incurred expenses" means any expense actually or reasonably incurred as the result of a crime under chapter 351.
"Law enforcement officer" means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order, or to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.
"Minor" shall have the same definition as child in section 351-2, Hawaii Revised Statutes.
"Nontraditional medicine" means massage therapy, acupuncture, cultural or traditional-based healing.
"Private citizen" means any natural person other than a law enforcement officer actively engaged in the performance of official duties whether off or on duty.
"Responsible person" means a person who has the legal responsibility to maintain or support the victim.
"Service provider" means an individual or institution that provides legal, medical, dental, therapeutic, funeral or other crime related services.
"Undue delay" means 72 hours, provided that upon a showing of good cause, the commission may consider a police report made beyond this time period.