reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 1.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULES APPLICABLE TO RULEMAKING HEARINGS › Section 20-1.1-18 - Disposition of petition

Current through June, 2024
The board shall, within thirty days following the filing
					 of a petition, either deny the petition in writing or initiate public
					 rulemaking procedures. No public hearing, oral argument or other form of
					 proceeding will be held directly on any petition, but if the board determines
					 that the petition discloses sufficient reasons in support of the relief
					 requested to justify the institution of public rulemaking proceedings, the
					 procedures to be followed will be as set forth in section
					 91-3,
					 HRS, and this subchapter. Where the board determines that the petition does not
					 disclose sufficient reasons to justify the institution of public rulemaking
					 procedures, or where the petition does not concern a rule, the board shall deny
					 the petition and the petitioner will be so notified together with the grounds
					 for the denial. This section shall not operate to prevent the board, on its own
					 motion, from acting on any matter disclosed in any petition.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 1.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULES APPLICABLE TO RULEMAKING HEARINGS › Section 20-1.1-20 - Board action

Current through June, 2024
At the close of the final public hearing, the board, if
					 present at the hearing, may make its decision or the presiding officer shall
					 announce the date when the board's decision shall be made. The board shall
					 consider all relevant comments and materials of record before taking final
					 action in a rulemaking proceeding.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 1.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULES APPLICABLE TO RULEMAKING HEARINGS › Section 20-1.1-21 - Compilation of rules

Current through June, 2024
The board shall keep a compilation of all rules adopted by
					 the board which are in effect. The compilation shall be supplemented, revised,
					 and made available to the public as provided by this chapter and chapters
					 91 and
					 92, HRS.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 1.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 20-1.1-22 - Petition for declaratory rulings

Current through June, 2024
Any interested person may petition the board for a
					 declaratory ruling as to the applicability of any statutory provision or of any
					 rule or order of the board.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 1.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 20-1.1-23 - Form and contents of petition

Current through June, 2024
(a) Petitions for
				  the issuance of a declaratory order shall:
(1) State clearly and concisely the
				  controversy or uncertainty;
(2)
				  Cite the statutory authority involved;
(3) Include a complete statement of the facts
				  and the reasons or grounds prompting the petition, together with full
				  disclosure of petitioner's interest; and
(4) Conform to the requirements of section 2
				  0-1.1-11.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 1.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 20-1.1-24 - Request for hearing

Current through June, 2024
Although in the usual course of disposition of a petition
					 for a declaratory ruling no formal hearing will be granted to the petitioner or
					 to a party in interest, the board may at its discretion order such proceeding
					 set for hearing. Any petitioner or party in interest who desires a hearing on a
					 petition for declaratory ruling shall set forth in detail in a request together
					 with supporting affidavits or other written evidence the reasons why the
					 matters alleged in the petition will not permit the fair and expeditious
					 disposition of the petition. In addition, to the extent that the request for
					 hearing is dependent upon factual assertions, the petitioner shall accompany
					 the request with an affidavit establishing the facts. If a hearing is ordered
					 by the board, sections
					 91-9
					 through
					 91-13,
					 HRS, shall govern the proceedings.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 1.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 20-1.1-25 - Board action on petition

Current through June, 2024
(a) Dismissal. The
				  board may, without notice of hearing, dismiss a petition for declaratory ruling
				  which fails in material respect to comply with the requirements of this
				  subchapter.
(b) Ruling. Upon
				  determination of the applicability or nonapplicability of the statutory
				  provision or rule or order cited in the petition to the factual circumstances
				  presented in the petition, the board shall issue a declaratory order in
				  response to the petition.
(c) The
				  petitioner shall be notified in writing of the disposition of the petition.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 1.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 20-1.1-26 - Declaratory ruling on board's own motion or upon request

Current through June, 2024
Notwithstanding the other provisions of this subchapter,
					 the board may, on its own motion or upon request, but without notice or
					 hearing, issue a written declaratory order to terminate a controversy or to
					 remove uncertainty.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 20-4-1 - Statement of purpose

Current through June, 2024
The purpose of these rules is to define the term
					 "residence" to provide a procedure whereby the determination of residence
					 status shall be made for all prospective students; to provide appeal mechanisms
					 for those students who feel that their residency classification is in error;
					 and to provide sanctions for misrepresentation.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 20-4-3 - Delegation of authority

Current through June, 2024
The board hereby delegates its authority to administer and
					 manage the tuition program at the university to the
					 president.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 20-4-5 - Board exemptions

Current through June, 2024
The board may exempt certain nonresidents from payment of
					 the nonresident tuition differential. Students may consult residency officers
					 for further information on these exemptions.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 20-4-6 - Residence criteria

Current through June, 2024
The university's definition of "resident" for tuition
					 purposes may be different from the definitions developed by other
					 non-university agencies. The university does not necessarily recognize
					 declarations of resident status made by other agencies. Thus, a person who is a
					 Hawaii resident for tax or voting purposes, for example, is not necessarily a
					 resident for University of Hawaii tuition and admission purposes. To qualify
					 for the resident tuition fee, the criteria established by §
										304A-402,
					 HRS, must be met.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 20-4-7 - Evidence of residence

Current through June, 2024
The determination of residence for tuition purposes
					 requires that the adult student or in the case of a minor student, the
					 student's parent or guardian, has been a bona fide resident of this state for
					 at least twelve consecutive months immediately prior to the residency
					 determination date. The following may be accepted as evidence of bona fide
					 residence:
(1) Filing of the Hawaii
				  resident personal income tax return by the:
(A) Adult student who is not claimed as a
				  dependent for tax purposes; or
(B)
				  Minor student who is declared an emancipated minor; or
(C) Parent or guardian of the student if the
				  student is declared as a dependent;
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 20-4-8 - Rules of construction

Current through June, 2024
The following rules of construction shall be applied in all
					 cases:
(1) The twelve months begin on
				  the date upon which the first overt action (see evidences in section
				  20-4-7) is
				  taken to make Hawaii the permanent residence. While residence shall be lost if
				  it is interrupted during the twelve months immediately preceding the residency
				  determination date, resident status derived from two or more successive sources
				  may be tacked together to compute the twelve-month period.
(2) Residence in Hawaii and residence in
				  another place cannot be held simultaneously.
(3) Presence in Hawaii primarily to attend an
				  institution of higher learning shall not create resident status. A nonresident
				  student enrolled for six credits or more per term shall be presumed to be in
				  Hawaii primarily for educational purposes. Such period of enrollment shall not
				  be counted toward the establishment of bona fide residence in Hawaii for twelve
				  consecutive months immediately preceding the residency determination date. A
				  student may rebut this presumption of nonresident status if clear and
				  convincing evidence is provided that the student has abandoned the student's
				  previous residence and has established a bona fide residence in Hawaii
				  primarily for purposes other than educational. The following evidences, in
				  addition to the evidences of residence cited in section
				  20-4-7, may
				  be considered in determining bona fide residence in Hawaii. No single evidence
				  is decisive.
(A) Location and duration of
				  driver's license for the previous year.
(B) Resident status in all postsecondary
				  schools attended outside of Hawaii.
(C) Evidence of ability to be self-supporting
				  (e.g., proof of full-time employment), and location and duration of any locally
				  based financial accounts for the previous year. Reliance upon non-Hawaii,
				  non-federal resources for financial support infers residence in a state other
				  than Hawaii. This includes trust funds, college savings funds, or other
				  accounts available to the student.
(D) Continuous presence in Hawaii during
				  periods when not enrolled in school.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 20-4-9 - Special Circumstances

Current through June, 2024
(a) The resident
				  status of every adult shall be established by the person's own acts and
				  intentions and shall not be derived from any other person, except as
				  specifically provided otherwise in this chapter.
(b) The residence of an unemancipated minor
				  shall be the residence of the parent who claims the minor as a dependent for
				  tax purposes, regardless of the minor's primary abode. If both parents are
				  deceased, the residence of the unemancipated minor remains that of the last
				  parent to die until changed by court order. Upon court appointment of a
				  guardian for the minor, the residence of the minor shall become that of the
				  guardian.
(c) A nonresident
				  unemancipated minor attending an institution of higher learning outside of
				  Hawaii or on active duty with the United States armed forces, whose parents
				  become residents of Hawaii and who reaches majority before the minor would
				  derive residency in Hawaii from the parents' new status, may be classified as a
				  resident for tuition purposes when the parents have completed twelve
				  consecutive months of residence; provided that the classification shall be lost
				  if actions inconsistent with resident status are taken after leaving the
				  institution or discharge from the military (e.g., failure to promptly make a
				  home in Hawaii).
(d) If an
				  unemancipated minor's parents lose their Hawaii residence, the minor shall be
				  classified as a nonresident at the next residency determination date; provided
				  if the parents' change of residence is due to obedience to active-duty military
				  orders, the minor student shall continue to pay resident tuition as long as the
				  minor continuously attends the University full time.
(e) An emancipated minor shall be considered
				  an adult for purposes of residence under this section. The following shall
				  constitute evidence of emancipation, no one of which shall be controlling:
(1) Self-supporting.
(2) Subsistence not provided by parents or
				  legal guardian.
(3) Prior military
				  service.
(4) Other evidence of
				  residence enumerated under section
				  20-4-7.
(5) Any other conduct inconsistent with
				  parental control and custody.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 2 - PROCEDURE › Section 20-4-10 - Determination of residence

Current through June, 2024
(a) The residency
				  officer for each campus shall determine the resident or nonresident status of
				  every student matriculating at that campus. Evidence shall be collected to
				  elicit facts upon which to make the residency determination. Evidence may be
				  provided by the student responding to a questionnaire used to determine
				  residency and attesting to the truth of the information provided to the
				  university. The residency officer may also require the production by the
				  prospective student of certified copies of documents relevant to the
				  determination of resident status.
(b) A nonresident student, having met the
				  criteria for bona fide legal Hawaii residency, may request a change of status
				  from nonresident to resident by completing a residency conversion form and
				  attaching certified copies of the student's, parents', or guardians' personal
				  income tax form. The residency officer may also require the production by the
				  student of certified copies of other documents relevant to the determination of
				  resident status consistent with sections
				  20-4-6,
				  20-4-7, and
				  20-4-8.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 2 - PROCEDURE › Section 20-4-11 - Notification of change of residence

Current through June, 2024
A resident student who subsequently takes up residence
					 outside of Hawaii and who continues to attend the university shall promptly
					 advise the residency officer of the change of residence. In such a case, the
					 nonresident tuition differential shall be payable commencing from the residency
					 determination date following the change of residence.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 2 - PROCEDURE › Section 20-4-12.1 - Residency appeals board

Current through June, 2024
(a) The residency
				  appeals board shall be composed of the residency officers for each campus of
				  the university.
(b) A minimum of
				  three residency appeals board members shall decide each appeal.
(c) Residency officers shall recuse
				  themselves from hearing appeals of students enrolled at their
				  campuses.
(d) In general, the
				  residency appeals board will affirm a determination of nonresident status
				  unless the student produces new information or there has been a change in legal
				  standards.
(e) The decision of the
				  residency appeals board shall be the final university determination.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 2 - PROCEDURE › Section 20-4-14 - Appeals

Current through June, 2024
(a) Classification as a nonresident by a
				  residency officer may be appealed by the student to the residency appeals
				  board.
(b) Notification of appeal
				  shall be made in writing upon the form available at the admissions office on
				  each campus. Notification of appeal shall be received by the residency appeals
				  board on or before the thirtieth day following the mailing (or personal
				  delivery, as the case may be) of written notification of nonresident
				  determination or on or before ten days after the residency determination date,
				  whichever is later. Failure to file an appeal within the time prescribed
				  constitutes a waiver of the right to file such an appeal for that semester or
				  term.
(c) Appeals shall be heard
				  only after payment of the nonresident tuition. Appeal hearings shall be held
				  within three weeks of the request for an appeal unless continued by the
				  residency appeals board. If the student fails to appear at the scheduled
				  hearing, except for good cause shown, the appeal shall be dismissed.
(d) The residency appeals board shall
				  promptly notify the student of the time, date, and place of the hearing upon
				  the appeal. The hearing shall be held between seven and twenty days after
				  notification by the residency appeals board, but the residency appeals board
				  may extend this period a reasonable length of time if its hearing calendar so
				  requires.
(e) The hearing shall be
				  private unless the student requests a public hearing in the notice of
				  appeal.
(f) The student may be
				  represented by legal counsel if so desired.
(g) Formal rules of evidence need not be
				  followed in an appellate hearing. The residency appeals board may require that
				  the student provide it with certified copies of the pertinent documents. The
				  residency appeals board may call the residency officer to explain the basis of
				  the determination of student's nonresidence. A record of the oral testimony
				  adduced at the hearing need not be kept.
(h) The residency appeals board shall issue
				  its findings of fact, conclusions of law, and decision within thirty days after
				  the hearing and a copy shall be transmitted to the student, to the president,
				  and to the chancellor of the campus concerned. The decision of the residency
				  appeals board shall be final,
(i)
				  If the residency appeals board determines that the student is a resident, the
				  campus will refund the nonresident tuition differential to the
				  student.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 4 - DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION › Subchapter 2 - PROCEDURE › Section 20-4-17 - Providing incorrect information

Current through June, 2024
A student or prospective student who provides incorrect
					 information upon any form or document intended for use in the determination of
					 residency status for tuition or admission purposes, or relative to any appeal
					 hearing thereof, and who is admitted to the university on the basis of the
					 incorrect information shall be subject to the following:
(1) The student shall be required to pay the
				  difference between the resident and nonresident tuition retroactive to the
				  student's initial residency determination date. The student shall be notified
				  by registered letter of any discovery of incorrect information and the
				  requirement of any additional payment due the university. Payment of the
				  difference in tuition shall be made within ten days of the mailing of the
				  notice or before the last day of instruction for the semester or term in which
				  the student is enrolled, whichever is sooner. Should the student not pay the
				  difference in tuition, and upon the expiration of the period for payment, the
				  student shall be removed from the official enrollment list of the university
				  and be refunded the full tuition paid for the current semester or term less a
				  prorata amount due the university to cover the cost of all instruction
				  provided, as shall be prescribed by the president. The denial of further
				  enrollment and the withdrawal of service connected with the evidences of
				  instruction such as transcripts or diplomas shall be imposed in accordance with
				  chapter 20-10, Hawaii Administrative Rules.
(2) Any student or prospective student who
				  intentionally or willfully misrepresents any fact relative to the determination
				  of residency or any appeal thereof, and who is admitted to the university on
				  the basis of the misrepresentation, in addition to the requirements prescribed
				  in this section, may also be charged with a violation of the campus conduct
				  code, penalties under which may include warning, probation, suspension, or
				  expulsion.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 8 - STATE HIGHER EDUCATION LOAN PROGRAM › Section 20-8-1 - Statement of purpose

Current through June, 2024
The purpose of this chapter is to provide guidelines and
				  procedures for the administration of the State Higher Education Loan Program in
				  conformance with the guidelines set forth in chapter 3 04A, part IIC, Hawaii
				  Revised Statutes.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 8 - STATE HIGHER EDUCATION LOAN PROGRAM › Section 20-8-2 - Definitions

Current through June, 2024
(a) As used in this chapter:
"Board" means the board of regents of the University of
				  Hawaii.
"Borrower" means a student who receives a loan under the
				  State Higher Education Loan Program established under chapter
				  304A, part IIC, Hawaii Revised
				  Statutes, and this chapter.
"Degree" means an associate, baccalaureate, masters,
				  doctoral, or certificate program approved by the board of regents and requiring
				  not less than one academic year for completion.
"Financial aid office" means the primary university office
				  which administers the student financial aid for the university campus.
"Financial need" means the student's education and
				  maintenance expenses exceed the student's ability to pay for those
				  expenses.
"Grace period" means the nine consecutive months following
				  the termination of the student's enrollment on at least a half-time
				  basis.
"President" means the president of the University of Hawaii
				  and shall include the president's authorized designees.
"State Higher Education Loan Fund" means the revolving fund
				  established by section
				  304A-2160,
				  Hawaii Revised Statutes.
"State Higher Education Loan Program" means the financial aid
				  program established under chapter
				  304A, part IIC, Hawaii Revised
				  Statutes, for students enrolled at the university.
"Student" means an individual who is enrolled at the
				  university with at least a half-time course load as determined by the
				  university according to its own standards and practices.
"University" means the University of Hawaii.
(b) Words of the masculine gender
				include the feminine and neuter, and when the sense so indicates, words of the
				neuter gender may refer to any gender. Words in the singular number include the
				plural and words in the plural number include the singular.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 8 - STATE HIGHER EDUCATION LOAN PROGRAM › Section 20-8-3 - Delegation of authority

Current through June, 2024
The board delegates its authority to administer and manage
				  the State Higher Education Loan Program at the university, in accordance with
				  the guidelines established under chapter
				  304A, part IIC, Hawaii Revised
				  Statutes, and this chapter, to the president.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 8 - STATE HIGHER EDUCATION LOAN PROGRAM › Section 20-8-4 - Eligibility

Current through June, 2024
(a) To be eligible for a loan under this
				chapter, the applicant shall be a student and:
(1) Be registered in a program at the
				university which culminates in the award of a degree,-
(2) Provide evidence of financial need by
				completing and submitting forms provided by the financial aid office;
(3) Not be under suspension from the
				university for disciplinary reasons;
(4) Be a resident of the State of Hawaii for
				at least one year; and
(5) Be
				willing to repay the loan. Failure to meet payment obligations on any previous
				student loan is evidence that the student is unwilling to repay the
				loan.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 8 - STATE HIGHER EDUCATION LOAN PROGRAM › Section 20-8-5 - Amount of loan

Current through June, 2024
(a) The board and
				its authorized designees shall determine the amount of the loan, but the
				aggregate loan amount for each student shall not exceed those amounts
				established for the Federal Perkins Loan Program authorized under Title IV,
				Part E, of the Higher Education Act of 1965, as amended. If the Federal Perkins
				Loan Program has ended, then the aggregate loan amount for each student shall
				not exceed those amounts established by the university.
(b) The amount of the loan and the
				installment payments may be reported to at least one national credit bureau,
				along with other relevant information.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 8 - STATE HIGHER EDUCATION LOAN PROGRAM › Section 20-8-6 - Repayment of the loan

Current through June, 2024
(a) Each loan shall
				be evidenced by an executed promissory note which shall set forth the terms and
				conditions of the loan. Repayment of principal and interest shall commence
				after the grace period. Repayment of principal and interest shall be made in
				equal quarterly or monthly installments within a ten-year period as determined
				by the university. A payment plan of not less than $4 5 a quarter or $15 a
				month shall be required on all loans.
(b) Interest. The rate of interest payable on
				the loan shall be five per cent simple interest.
(c) Prior to the termination of the
				borrower's half-time enrollment, the borrower shall be responsible for
				reporting any change in name, address, telephone number, or social security
				number to the financial aid office. After the termination of the borrower's
				half-time enrollment, the borrower shall be responsible for reporting any
				change in name, address, telephone number, or social security number to the
				university office which handles the loan collection.
(d) Exit interview. Immediately prior to the
				termination of the borrower's half-time enrollment at a campus, the borrower
				shall be responsible for completing an exit interview with the university. The
				purpose of the exit interview is to schedule repayments and explain the
				borrower's rights and responsibilities under the loan. If the borrower fails to
				complete an exit interview, the university shall provide the borrower with the
				exit interview information either online or by mail.
(e) Collection fees. The university may
				charge late fees which do not exceed twenty per cent of the installment payment
				due and all other reasonable fees for the collection of the loan. Any payment
				received shall be applied in the following order:
(1) Collection fees;
(2) Late fees;
(3) Accrued interest; and
(4) Principal.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 8 - STATE HIGHER EDUCATION LOAN PROGRAM › Section 20-8-7 - Allocation of loans

Current through June, 2024
Allocation of loans among student applicants shall be
				  determined by the university on the basis of the students' academic promise,
				  deportment, and financial need.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 8 - STATE HIGHER EDUCATION LOAN PROGRAM › Section 20-8-8 - Capacity of minors

Current through June, 2024
For the purpose of applying for, receiving, and repaying the
				  loan under this chapter, any qualified student regardless of whether the
				  student is less than eighteen years of age, shall be deemed to have full legal
				  capacity to act and shall have all rights, powers, and privileges and
				  obligations of an adult.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 8 - STATE HIGHER EDUCATION LOAN PROGRAM › Section 20-8-9 - State higher education loan fund

Current through June, 2024
The State Higher Education Loan Fund is a revolving fund
				  administered by the President on behalf of the board.
All interest and payments received on account of principal in
				  the loan fund shall be credited to the loan fund. All payments collected,
				  exclusive of the collection agency's commissions, shall revert and be credited
				  to the loan fund. The loan fund shall be disbursed to needy students in
				  accordance with the guidelines established in this chapter.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 20-10-1 - Purpose

Current through June, 2024
This chapter provides the university with a procedure which
					 provides clear and fair methods in collecting delinquent financial obligations
					 owed to the university.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 20-10-2 - General statement of policy

Current through June, 2024
(a) If a person has
				  assumed a financial obligation to the university and payment is past due, the
				  university shall have the right to impose sanctions under this chapter as it
				  may deem appropriate.
(b) To
				  implement this chapter, the president or the president's designee may issue
				  guidelines consistent with this chapter and as may be appropriate.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 20-10-4 - Delinquent financial obligations

Current through June, 2024
A delinquent financial obligation shall be deemed to exist,
					 provided that notice of the financial obligation has been sent to the person,
					 with the exception of those contracts in which notice is not required.
					 Sanctions on delinquent financial obligations shall be based on dollar limit
					 threshold amounts. The dollar limit threshold amounts shall be established by
					 the board at an open meeting subject to the requirements of Chapter
					 92, HRS.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 20-10-5 - Collection of delinquent financial obligations

Current through June, 2024
When any payment on an outstanding financial obligation is
					 past due, and the university has made reasonable efforts to collect the
					 delinquent financial obligation, the university shall commence collection of
					 the outstanding financial obligation pursuant to procedures established by the
					 university.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 20-10-6 - Application of sanctions

Current through June, 2024
(a) Denial of
				  further registration may be imposed as a sanction for delinquent financial
				  obligations which occur prior to registration and for which no appeal has been
				  filed.
(b) Revocation of all rights
				  and privileges which were conferred by registration or enrollment may be
				  imposed as a sanction for delinquent financial obligations. These sanctions
				  shall remain in force during the appeals and contested case
				  processes.
(c) Denial of
				  transcripts, diplomas, and other entitlements may be imposed as a sanction for
				  delinquent financial obligations. These sanctions shall remain in force during
				  the appeals and contested case processes.
(d) In all cases of delinquent financial
				  obligations, the university reserves the right to use any procedure to recover
				  moneys which are owed to it, including the following:
(1) Report delinquent and defaulted amounts,
				  along with other relevant information to credit bureau organizations;
(2) Setoff against a person's Hawaii state
				  income tax refund or any other sums due to the person from the State, any
				  amount which is due and owing to the university, exceeding the amount of
				  $25;
(3) Commence legal action to
				  recover the amount which is owed, including appropriate interest, collection
				  fees, court costs, and attorneys' fees;
(4) Contract the services of a collection
				  agency to recover moneys owed to it, including applicable court costs and
				  attorneys' fees. The collection agency may collect the applicable collection
				  fees as authorized in a written contract with the university pursuant to
				  federal or state law; and
(5) Use
				  the services of university personnel to recover moneys owed to it, including
				  applicable collection fees.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 2 - APPEALS FROM NOTICES OF DELINQUENT FINANCIAL OBLIGATIONS OR IMPOSITION OF SANCTIONS › Section 20-10-7 - Hearing officers

Current through June, 2024
(a) The chancellor
				  of each campus as appropriate shall designate a hearing officer to hear appeals
				  under this chapter except for the hearing officers for the setoff hearings
				  under subchapter
				  3.
(b) In any case that does or could present a
				  conflict of interest, the chancellor shall designate a substitute hearing
				  officer for that case, except as provided in subsection (c).
(c) For those campuses for which the board
				  has adopted rules governing parking and operation of motor vehicles, the
				  appeals procedure and appointment procedure for hearing officers and final
				  board of appeals as contained within those rules remain in effect.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 3 - SETOFF OF A PERSON'S DELINQUENT FINANCIAL OBLIGATION AGAINST THE PERSON'S HAWAII STATE INCOME TAX REFUND OR ANY OTHER SUM DUE TO THE PERSON FROM THE STATE › Section 20-10-11 - Purpose of subchapter

Current through June, 2024
This subchapter provides guidelines for the university's
					 utilization of the authority granted under sections
					 231-51 to
					 231-59, HRS,
					 to retain the state income tax refund or any other sum due from the State of
					 Hawaii to a person who owes a debt to the university.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 3 - SETOFF OF A PERSON'S DELINQUENT FINANCIAL OBLIGATION AGAINST THE PERSON'S HAWAII STATE INCOME TAX REFUND OR ANY OTHER SUM DUE TO THE PERSON FROM THE STATE › Section 20-10-12 - Procedure for setoff

Current through June, 2024
(a) When a
				  university claimant decides to utilize the authority granted under sections
				  231-51 to
				  231-59, HRS,
				  to request a setoff of a person's debt to the university against the person's
				  state income tax refund or any other sum due to the person from the State, the
				  claimant shall submit the request for setoff to the appropriate business
				  office.
(b) The business office
				  shall submit the setoff request to the Comptroller of the State Department of
				  Accounting and General Services,
(c) The Comptroller shall issue a written
				  notice to the debtor of the State's intention to apply the debtor's debt to the
				  university against the debtor's state income tax refund or any other sum due
				  the debtor from the State. The Comptroller's written notice shall state that
				  the debtor, within thirty days of the date of the notice, may request an
				  administrative hearing before the university to contest the setoff.
(d) The request for an administrative hearing
				  shall be submitted to the appropriate business office at the university in
				  writing not more than thirty days from the date of the Comptroller's notice
				  described in subsection (c). The appropriate business office at the university
				  may extend the time for the submission of the request for hearing upon a
				  showing of good cause, as determined at the sole discretion of the director of
				  the appropriate business office at the university.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 3 - SETOFF OF A PERSON'S DELINQUENT FINANCIAL OBLIGATION AGAINST THE PERSON'S HAWAII STATE INCOME TAX REFUND OR ANY OTHER SUM DUE TO THE PERSON FROM THE STATE › Section 20-10-13 - Hearings to contest the setoff

Current through June, 2024
(a) The
				  administrative hearings under this subchapter shall be treated as a contested
				  case hearing under the Hawaii Administrative Procedure Act (chapter
				  91, HRS) and shall be conducted in
				  accordance with the statutory requirements for contested case
				  hearings.
(b) The administrative
				  hearings under this subchapter shall be presided by a hearing officer
				  designated by the president or the president's designee.
(c) Upon receipt of a written request for a
				  contested case hearing, the appropriate business office at the university shall
				  direct the duly designated hearing officer to issue a written notice to both
				  the debtor and the claimant, which notice shall include a statement of;
(1) The date, time, place, and nature of the
				  hearing;
(2) The legal authority
				  under which the hearing is to be held;
(3) The particular sections of the statutes
				  and rules involved;
(4) An explicit
				  statement in plain language of the issues involved and the facts alleged by the
				  claimant in support thereof; provided that if the claimant is unable to state
				  the issues and facts in detail at the time the notice is served, the initial
				  notice may be limited to a statement of the issues involved, and thereafter
				  upon application a bill of particulars shall be furnished;
(5) That the contested case is limited to
				  issues not previously contested by the debtor; and
(6) The fact that any party may retain
				  counsel if so desired, and the fact that an individual may appear on the
				  individual's own behalf.
The written notice of hearing shall be provided to all
					 parties to the administrative proceeding at least fifteen days before the
					 hearing.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 3 - SETOFF OF A PERSON'S DELINQUENT FINANCIAL OBLIGATION AGAINST THE PERSON'S HAWAII STATE INCOME TAX REFUND OR ANY OTHER SUM DUE TO THE PERSON FROM THE STATE › Section 20-10-14 - Procedures for the administrative hearing on the setoff

Current through June, 2024
(a) Opportunities shall be afforded all
				  parties in a contested case to present evidence and argument on all issues
				  involved.
(b) Any procedure in a
				  contested case may be modified or waived by stipulation of the parties and
				  informal disposition may be made of any contested case by stipulation, agreed
				  settlement, consent order, or default.
(c) For the purpose of decisions, the record
				  of the contested case shall include:
(1) All
				  pleadings, motions, and intermediate rulings;
(2) Evidence received or considered,
				  including oral testimony, exhibits, and a statement of matters officially
				  noticed;
(3) Offers of proof and
				  rulings thereon;
(4) Proposed
				  findings and exceptions;
(5) Report
				  of the hearing officer who presided at the hearing; and
(6) Staff memoranda submitted to the hearing
				  officer in connection with the hearing officer's consideration of the
				  case.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 3 - SETOFF OF A PERSON'S DELINQUENT FINANCIAL OBLIGATION AGAINST THE PERSON'S HAWAII STATE INCOME TAX REFUND OR ANY OTHER SUM DUE TO THE PERSON FROM THE STATE › Section 20-10-15 - Rules of evidence; official notice

Current through June, 2024
(a) Any oral or
				  documentary evidence may be received by the hearing officer. The hearing
				  officer, as a matter of policy, shall provide for the exclusion of irrelevant,
				  immaterial, or unduly repetitious evidence. No sanction shall be imposed or
				  order be issued except upon consideration of the whole record or the portions
				  thereof as may be cited by any party and as supported by and in accordance with
				  the reliable, probative, and substantial evidence. The hearing officer shall
				  give effect to the rules of privilege recognized by law.
(b) Documentary evidence may be received in
				  the form of copies or excerpts, if the original is not readily available;
				  provided that upon request, parties shall be given an opportunity to compare
				  the copy with the original.
(c)
				  Every party shall have the right to conduct a cross-examination as may be
				  required for a full and true disclosure of the facts, and shall have the right
				  to submit rebuttal evidence.
(d)
				  The hearing officer may take notice of judicially recognizable facts. In
				  addition, the hearing officer may take notice of generally recognized technical
				  or scientific facts within the hearing officer's specialized knowledge; but
				  parties shall be notified either before or during the hearing, or by reference
				  in preliminary reports or otherwise, of the material so noticed, and they shall
				  be afforded an opportunity to contest the facts so noticed.
(e) Except as otherwise provided by law, the
				  debtor contesting the setoff shall have the burden of proof, including the
				  burden of producing evidence as well as the burden of persuasion. The degree or
				  quantum of proof shall be a preponderance of the evidence.
(f) Any document filed in a contested case,
				  other than evidence, shall conform to the requirements of section
				  20-1.1-11. In
				  addition, all the documents shall be written in ink, typewritten, or printed,
				  shall be plainly legible, shall be on strong durable paper, not larger than
				  8-1/2" x 14"
				  in size except that tables, charts, and other documents may be larger, folded
				  to the size of the documents to which they are attached.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 10 - DELINQUENT FINANCIAL OBLIGATIONS › Subchapter 3 - SETOFF OF A PERSON'S DELINQUENT FINANCIAL OBLIGATION AGAINST THE PERSON'S HAWAII STATE INCOME TAX REFUND OR ANY OTHER SUM DUE TO THE PERSON FROM THE STATE › Section 20-10-16 - Final decisionmaking for the university in a contested case hearing

Current through June, 2024
(a) Since the administrative hearing is not
				  presided over by the president or the president's designee but rather delegated
				  to a hearing officer, and the president or the president's designee would not
				  have heard and examined all of the evidence, the final decision for the
				  university shall not be made by the president or the president's designee until
				  the hearing officer's proposed decision containing a statement of reasons and
				  including a determination of each issue of fact or law necessary to the
				  proposed decision has been served upon the debtor and the claimant.
(b) If the debtor is adversely affected by
				  the proposed decision, the debtor shall be afforded an opportunity to file
				  exceptions to the proposed decision and to present written and oral arguments
				  to the president or the president's designee. The exceptions shall be in
				  writing and filed with the president or the president's designee not more than
				  fifteen days from the date of the proposed decision. The president or the
				  president's designee shall provide the aggrieved debtor with an opportunity to
				  present oral arguments at an adjudicatory meeting with the president or the
				  president's designee.
(c) In
				  rendering the final decision for the university, the president or the
				  president's designee shall personally consider the whole record of the
				  contested case or the portions thereof as may be cited by the parties. No
				  matters outside the record shall be considered by the president or the
				  president's designee in making a decision, except as provided in this
				  chapter.
(d) Every decision and
				  order rendered by the president or the president's designee shall be in writing
				  and shall be accompanied by separate findings of fact and conclusions of
				  law.
(e) Both the debtor and the
				  claimant shall be notified of the president's or the president's designee's
				  final decision by delivering or mailing a copy of the president's or the
				  president's designee's final decision and order and accompanying findings and
				  conclusions to each party or to the party's attorney of record.