Because the parties do not contest the issue, the validity of the pertinent HAR rules may be assumed for purposes of this appeal. See State v. Kotis, 91 Hawai`i 319, 331, 984 P.2d 78, 90 (1999) ("Administrative rules, like statutes, have the force and effect of law."). (A) Unable to perform a major life activity that the average person in the general population can perform; or