reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 2 - STATE BOARD FOR VOCATIONAL EDUCATION › Chapter 30.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 20-30.1-1 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for the State Board for
					 Career and Technical Education shall be as provided in the rules of practice
					 and procedure of the board of regents for the University of Hawaii within
					 subchapter
					 2 (§§
										20-1.1-8
					 through
					 20-1.1-13),
					 subchapter
					 3, and subchapter
					 4 of
					 chapter 20-1.1, Hawaii Administrative Rules, which are incorporated by
					 reference and made a part of this chapter.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 2 - STATE BOARD FOR VOCATIONAL EDUCATION › Chapter 30.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 20-30.1-2 - Definitions

Current through June, 2024
(a) As used in this chapter, unless the
				  context specifically requires otherwise:
"Board" means the State board for career and technical
					 education.
(b) Unless
				  otherwise specifically stated, the terms used in rules promulgated by the board
				  pursuant to powers granted by statute shall have the meaning defined by such
				  statute.
(c) A rule which defines a
				  term without express reference to the statute or to the rules or a portion
				  thereof, defines such terms for all purposes as used both in the statute and in
				  the rules, unless the context otherwise specifically requires.
(d) Use of gender and number. Words importing
				  the singular number may extend and be applied to several persons or things and
				  words importing the plural may include the singular. Words importing the
				  masculine gender may be applied to the feminine and neuter gender.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 2 - STATE BOARD FOR VOCATIONAL EDUCATION › Chapter 30.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULES APPLICABLE TO CONTESTED CASES › Section 20-30.1-3 - General

Current through June, 2024
(a) Procedures to be followed by the board
				  shall, unless specifically prescribed in this chapter or by chapter
				  91, HRS, or other statutory
				  provisions, be such as in the opinion of the board will best serve the purposes
				  of such hearings. Cases shall be conducted fairly and impartially.
(b) Any procedure in a contested case may be
				  agreed to, modified, or waived by stipulation of the parties, and informal
				  disposition may be made of all or part of any contested case by stipulation,
				  settlement, consent order, or default.
(c) The board may voluntarily withdraw or
				  dismiss a case it brings, and any other party may voluntarily withdraw or
				  dismiss a case upon order of the board and upon such terms and conditions that
				  the board deems proper.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 2 - STATE BOARD FOR VOCATIONAL EDUCATION › Chapter 30.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULES APPLICABLE TO CONTESTED CASES › Section 20-30.1-4 - Delegation of powers

Current through June, 2024
The board shall have the power to delegate the power to
					 hear contested cases.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 2 - STATE BOARD FOR VOCATIONAL EDUCATION › Chapter 30.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULES APPLICABLE TO CONTESTED CASES › Section 20-30.1-5 - Procedure

Current through June, 2024
(a) In any contested case, all parties shall
				  be afforded an opportunity for hearing after reasonable notice.
(b) The notice shall include a statement of:
(1) The date, time, place, and nature of
				  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
				  board in support thereof; provided that, if the board is unable to state such
				  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) The fact that any party may appear on
				  their own behalf or may retain counsel if so desired.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 2 - STATE BOARD FOR VOCATIONAL EDUCATION › Chapter 30.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULES APPLICABLE TO CONTESTED CASES › Section 20-30.1-6 - Rules of evidence; official notice

Current through June, 2024
(a) Any oral or
				  documentary evidence may be received but the board or hearing officer shall as
				  a matter of policy provide for the exclusion of irrelevant, immaterial, or
				  unduly repetitious evidence and no sanction shall be imposed or order be issued
				  except upon consideration of the whole record or such portions thereof as may
				  be cited by any party and as supported by and in accordance with the reliable,
				  probative and substantial evidence. The board or 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 such 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 board or hearing officer may take notice of judicially recognizable facts.
				  In addition, they may take notice of generally recognized technical or
				  scientific facts within the board's or 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 party initiating the proceeding 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 documents filed
				  in a contested case, other than evidence, shall conform to the requirements of
				  the board's rules of practice and procedure. In addition, all such 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 2 - STATE BOARD FOR VOCATIONAL EDUCATION › Chapter 30.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULES APPLICABLE TO CONTESTED CASES › Section 20-30.1-7 - Examination of evidence

Current through June, 2024
Whenever in a contested case the officials of the Board who
					 are to render the final decision have not heard and examined all of the
					 evidence, the decision, if adverse to a party to the proceeding other than the
					 board itself, shall not be made until a proposal for decision containing a
					 statement of reasons and including determination of each issue of fact or law
					 necessary to the proposed decision has been served upon the parties, and an
					 opportunity has been afforded to each party adversely affected to file
					 exceptions and present argument to the officials of the Board who are to render
					 the decision, who shall personally consider the whole record or such portions
					 there of as may be cited by the parties.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 2 - STATE BOARD FOR VOCATIONAL EDUCATION › Chapter 30.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULES APPLICABLE TO CONTESTED CASES › Section 20-30.1-8 - Decisions and orders

Current through June, 2024
Every decision and order adverse to a party to the
					 proceeding, rendered by the board in a contested case, shall be in writing or
					 stated in the record and shall be accompanied by separate findings of fact and
					 conclusions of law. If any party to the proceeding has filed proposed findings
					 of fact, the board shall incorporate in its decision a ruling upon each
					 proposed finding so presented. Parties to the proceeding shall be notified by
					 delivering or mailing a certified copy of the decision and order and accompany
					 findings and conclusions within a reasonable time to each party or to the
					 party's attorney of record.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 2 - STATE BOARD FOR VOCATIONAL EDUCATION › Chapter 30.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULES APPLICABLE TO CONTESTED CASES › Section 20-30.1-9 - Consultation by officials

Current through June, 2024
No official of the board who renders a decision, or hearing
					 officer who makes a recommended decision, in a contested case shall consult any
					 person on any issue of fact except upon notice and opportunity for all parties
					 to participate, save to the extent required for the dispositipn of ex parte
					 matters authorized by law.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-1 - Statement of policy

Current through June, 2024
The following rules set forth the practices and procedures
				  established by the State post-secondary education commission for carrying out
				  its functions pursuant to sections
				  304A-3151
				  through
				  304A-3154,
				  HRS.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-2 - Definitions

Current through June, 2024
(a) As used in this chapter, unless the
				context specifically requires otherwise:
"Administrative officer" means the president of the
				  University of Hawaii.
"Board" means the board of regents of the University of
				  Hawaii.
"Chairperson" means the chairperson of the commission.
"Commission" means the State post-secondary education
				  commission.
"Persons" includes individuals, partnerships, corporations,
				  associations, or public or private organizations of any character other than
				  agencies.
"President" means the president of the University of
				  Hawaii.
"Rule" as used in these rules means each agency statement of
				  general or particular applicability and future effect that implements,
				  interprets, or prescribes law or policy, or describes the organization,
				  procedure, or practice requirements of the commission. The term does not
				  include matters concerning only the operation and management of internal
				  affairs of the commission not affecting private rights of or procedures
				  available to the public nor does it include declaratory rulings issued pursuant
				  to section
				  91-8,
				  HRS, nor intra-agency memoranda.
"Rulemaking hearings" mean all meetings where proposed rules
				  or amendments or repeal thereof are to be presented for public comment as
				  provided by chapter
				  91, HRS.
"University" means the University of Hawaii.
(b) Unless otherwise specifically
				stated, the terms used in rules adopted by the commission pursuant to powers
				granted by statute shall have the meaning defined by that statute.
(c) A rule which defines a term without
				express reference to the statute or to the rules of a portion thereof, defines
				such terms for all purposes as used both in the statute and in the rules,
				unless the context otherwise specifically requires.
(d) Use of gender and number. Words importing
				the singular number may extend and be applied to several persons or things, and
				words importing the plural may include the singular. Words importing the
				masculine gender may be applied to the feminine and neuter gender.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-3 - The commission; administrative officer; other officers

Current through June, 2024
(a) The commission shall consist of the
				members of the board and four other members who shall be appointed in
				accordance with section
				26-34,
				HRS.
(b) The president shall be the
				administrative officer of the commission. The administrative officer shall
				carry out the policies adopted by the commission.
(c) The commission may elect a chairperson
				and/or such other officers from among the members of the commission as may be
				necessary to exercise and perform such other powers and duties as may from time
				to time be assigned by the commission.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-4 - Office; hours

Current through June, 2024
(a) The office of
				the commission is in the office of the administrative officer, situated in
				Honolulu, Hawaii. All communications to the commission shall be addressed to
				the 'State Postsecondary Education Commission, University of Hawaii, Office of
				the President, Bachman Hall 202, 2444 Dole Street, Honolulu, Hawaii 96822,"
				unless otherwise specifically directed.
(b) The office of the commission shall be
				open from 7:45 a.m. to 4:30 p.m. of each weekday except holidays and unless
				otherwise provided by statute or executive order.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-5 - The commission's powers and authority

Current through June, 2024
The commission may cooperate with the federal government to
				  qualify the State to provide administrative action and/or receive funds made
				  available under the Higher Education Act of 1965, Public Law 89-329, as amended
				  from time to time, and in addition may serve as the state agency for the
				  receipt of federal student information and/or federal funds when federal
				  legislation dealing with higher education or post-secondary education requires,
				  as a condition of state receipt of such funds, the designation of a state
				  agency that is broadly representative of the general public and of
				  postsecondary education in the state and when agencies other than the
				  commission may not qualify.
The commission may exercise and perform any other powers and
				  duties that the commission considers necessary, proper, or desirable in order
				  to carry out effectively the duties and responsibilities of the commission as
				  prescribed in this chapter or by statute.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-6 - Meetings

Current through June, 2024
(a) The commission shall meet as needed for
				administrative action and/or the receipt of federal student information and/or
				federal funds. The commission may from time to time meet in any of the counties
				of the State of Hawaii. The commission may meet in executive session, from
				which the public may be excluded as provided by chapter
				92, HRS.
(b) The commission may, at the request of the
				administrative officer or the members of the commission, hold meetings as it
				may deem necessary from time to time for the purpose of obtaining information
				necessary or helpful in carrying out its duties.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-7 - Quorum and voting; Robert's Rules of Order

Current through June, 2024
(a) A
				majority of the members to which the commission is entitled shall constitute a
				quorum at any commission meeting. The concurrence of a majority of all the
				members to which the commission is entitled shall be necessary to make any
				action of the commission valid.
(b)
				The current (or most recent) edition of
Robert's Rules of
				Order
shall guide the conduct of the commission meetings except where
				in conflict with this chapter. No action of the commission shall be invalid or
				ineffective by reason of noncompliance with
Robert's Rules of
				Order.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-8 - Government records; inspection; cost of copies

Current through June, 2024
(a) The
				term "government record" as used in this chapter is defined as in chapter
				92F, HRS.
(b) All government records of the commission
				shall be available for inspection during established office hours of the
				administrative officer, subject to the limitations prescribed in chapter
				92F, HRS.
(c) All government records of the commission
				except as limited by chapter
				92F, HRS, shall be available to any
				person who requests them and pays the fees necessary, if any, as set by
				law.
(d) Requests for public
				information, for permission to inspect government records or for copies of
				government records will be handled with due regard for the dispatch of other
				puhlia
duties,
subject to chapter
				92F, HRS.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-9 - Counsel for the commission

Current through June, 2024
The university general counsel shall be designated as legal
				  counsel for the commission. The university general counsel or the university
				  general counsel's representative, in the capacity as legal counsel for the
				  commission, may be present at all meetings and hearings governed by this
				  chapter.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-10 - The university's administrative practice and procedure

Current through June, 2024
The rules applicable to rulemaking hearings and declaratory
				  rulings, as set forth in the rules of practice and procedure of the board of
				  regents for the university within subchapter
				  3 and subchapter
				  4 of
				  chapter 20-1.1, Hawaii Administrative Rules, shall be incorporated by reference
				  and made a part of this chapter,
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 40.1 - RULES OF PRACTICE AND PROCEDURE › Section 20-40.1-11 - Severability

Current through June, 2024
If any provision of these rules, or the application of them
				  to any person or circumstance is held invalid, the invalidity does not affect
				  other provisions or applications of the rules which can be given effect without
				  the invalid provision or application, and to this end the provisions of these
				  rules are severable.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 20-41-1 - Purpose of grant program

Current through June, 2024
The Hawaii student incentive grant program is established
					 for the purpose of providing tuition grants to assist those residents of the
					 State who are substantially needy in meeting the cost of education. Hawaii
					 student incentive grants are also provided for the purpose of fostering access
					 to and choice of an eligible institution of higher education which offers
					 academic programs most suited to those students' needs and interests, or
					 educational environments preferred by those students, or
					 both.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 20-41-2 - Purpose

Current through June, 2024
The purpose of these rules is to establish guidelines for
					 awarding grants to eligible students under this grant program, and to establish
					 guidelines for the administration of this grant program as it affects the
					 public.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 20-41-4 - Delegation of authority

Current through June, 2024
The commission delegates the authority to administer the
					 Hawaii student incentive grant program to the administrative officer of the
					 commission and an authorized designee in accordance with these
					 rules.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 20-41-5 - Severability clause

Current through June, 2024
If any provision of these rules is held to be
					 unconstitutional, the remaining rules, wherever possible, shall be severable
					 from them.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-6 - Eligibility

Current through June, 2024
A student who is a resident shall be eligible to be
					 considered for a Hawaii student incentive grant unless that student:
(1) Is not eligible for a Pell grant under
				  title IV, part A, section 411, of the Higher Education Act of 1965, as amended
				  by P.L. 92-318,
				  20 U.S.C.
				  1001 et seq. (1972), and P.L. 94-482,
				  20 U.S.C.
				  1001 et seq. (1976), and the rules adopted
				  thereunder; or
(2) Has received a
				  full tuition scholarship or a full tuition waiver for any four academic years
				  preceding consideration for a grant; or
(3) Is to receive a scholarship or tuition
				  waiver pursuant to chapter 304, HRS, or is to receive a full tuition
				  scholarship or full tuition waiver from some other source; or
(4) Is enrolled in or intends to use the
				  grant to enroll in a program of study involving religious or theological
				  training which leads to the degree of bachelor of divinity; or
(5) Is enrolled in or intends to use the
				  grant to enroll in a non-eligible institution or an otherwise eligible
				  institution which has been determined by the appropriate legal jurisdiction not
				  to be in compliance with a federal or a State statute and the rules adopted
				  thereunder concerning non-discrimination and affirmative action; or
(6) At the time of consideration for a grant
				  is not able to demonstrate substantial financial need; or
(7) Is not using or at the time of
				  consideration does not intend to use the grant to enroll as a full-time
				  undergraduate; or
(8) Owes a
				  refund, which is due and payable, on a grant previously received at the
				  eligible institution under the federal basic educational opportunity grant
				  program, the supplemental educational opportunity grant program, the state
				  student incentive grant program, or any other grant program funded by the State
				  and administered by the university or the commission; or
(9) Is in default on any state or federal
				  student loan; or
(10) Is not making
				  satisfactory progress.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-7 - Evidence of need

Current through June, 2024
The directors of financial aids shall require each Hawaii
					 student incentive grant applicant to submit evidence of substantial financial
					 need by providing all of the following:
(1) The student eligibility report which is
				  resultant of the federal basic educational opportunity grant application form
				  and any supplemental forms which may be required by the basic educational
				  opportunity grant program;
(2) The
				  appropriate need analysis form being used by the eligible institutions;
				  and
(3) Other documents as required
				  by the eligible institution to verify the financial need of the
				  applicant.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-8 - Matching funds

Current through June, 2024
The administrative officer shall conform to all federal and
					 State constitutions, statutes, and rules and regulations when providing for the
					 required matching funds. No funds appropriated by the legislature of the State
					 shall be used to match a grant made to an eligible student attending an
					 institution not owned or exclusively controlled by the State or a department of
					 the State. The administrative officer shall be assured by each eligible
					 institution not owned or exclusively controlled by the State or a department of
					 the State that sufficient funds are provided by such eligible institution to
					 meet federal requirements for the use of funds to match a grant made to an
					 eligible student enrolled at such an eligible institution.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-9 - Allocation formula

Current through June, 2024
(a) Distribution to
				  participating eligible institutions of the original allocation of federal state
				  student incentive grant program funds for each academic year shall be made in
				  accordance with the following formula:
(1) For
				  each participating eligible institution, obtain ten percent of the full-time
				  undergraduate enrollment for each undergraduate level (freshmen through
				  seniors) as of October 15 of the previous fall semester or its
				  equivalent.
(2) Multiply the number
				  obtained for each undergraduate level by the appropriate full-time tuition
				  charge for each level then sum the results. This total shall be called the
				  institutional total.
(3) Sum the
				  institutional totals for all participating eligible institutions. This amount
				  shall be called the aggregate state total.
(4) Determine what percentage each
				  institutional total is of the aggregate state total.
(5) Apply the percentage of each
				  participating eligible institution to the federal state student incentive grant
				  funds available to the State, and this dollar amount shall be the amount
				  available to each participating eligible institution.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-10 - Amount of award

Current through June, 2024
The amount of Hawaii student incentive grant for each
					 academic year shall not exceed the maximum allowed under the rules governing
					 the federal state student grant program, or $750, or the annual cost of full
					 tuition at the eligible institution at which a student is enrolled or plans to
					 enroll, or the difference between a partial tuition scholarship or tuition
					 waiver or other financial assistance or educational loan received to be used
					 for the payment of tuition by the student from some other source and full
					 tuition at the eligible institution, whichever is less.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-11 - Procedure for ranking eligible applicants

Current through June, 2024
The director of financial aids of the eligible institution
					 shall rank eligible applicants on the basis of the student eligibility index,
					 and assign grants in ascending order of that index, taking into consideration
					 other financial assistance made available to that student as described in
					 section 20-41-9. Offers to applicants
					 shall be made to the extent that funds are allocated to that eligible
					 institution.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-12 - Schedule of awards

Current through June, 2024
(a) The directors
				  of financial aids shall utilize the student eligibility index as stated on an
				  applicant's basic educational opportunity grant student eligibility report to
				  determine the amount an applicant is to receive at the eligible institution in
				  which the applicant will enroll. When the student eligibility index is one-half
				  or less the maximum set for the basic educational opportunity grant program,
				  the student shall receive a grant of $750 per academic year, or that amount
				  allowed under section 20-41-9, whichever is the less. When the student
				  eligibility index exceeds one-half of the maximum set for the basic educational
				  opportunity grant program, the student shall receive a grant of $375 per
				  academic year, or that amount allowed under section 20-41-9, whichever is the
				  less. When the student eligibility index is more than the maximum set for the
				  basic educational opportunity grant program, the student is ineligible for the
				  Hawaii student incentive grant.
(b)
				  The directors of financial aids shall offer grants first to those applicants
				  with a student eligibility index which is one-half or less of the maximum set
				  for the basic educational opportunity grant program, and second to those
				  applicants with a student eligibility index which exceeds one-half, but is less
				  than that maximum, who also apply to the eligible institution for financial aid
				  on or before the financial aids application deadline, and third to those
				  applicants who are otherwise eligible, but file their applications for
				  financial aid after the financial aids application deadline.
(c) An application for financial aid which is
				  received by an eligible institution after the financial aids application
				  deadline, shall be considered only if funds are available and in the order in
				  which such applications are received.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-13 - Notification of recipients

Current through June, 2024
The directors of financial aids shall notify in writing the
					 eligible recipient of the offer of a grant and shall require the recipient to
					 accept or decline the offer in writing within a stated time.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-14 - Deadline for reporting

Current through June, 2024
Beginning with the fall 1977 semester or its equivalent,
					 the directors of financial aids shall submit to the administrative officer a
					 list of all recipients of a grant under this program and the amount of the
					 grant. Such a list shall be submitted one month before the end of each semester
					 or its equivalent. Amended lists shall be submitted when
					 appropriate.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-15 - Term of award

Current through June, 2024
The term of a Hawaii student incentive grant is for a
					 period of one academic year or semester or the equivalent; provided that, for
					 any grant for greater than a semester or its equivalent, the recipient
					 continues to be eligible for such a grant. A grant may be renewed to a total of
					 eight semesters or their equivalent, provided that the recipient continues to
					 be eligible, and funds are made available to the commission for the purposes of
					 the Hawaii student Incentive grant program.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-16 - Disbursement of the award

Current through June, 2024
The administrative officer and the directors of financial
					 aids shall conform to federal and State statutes and rules regarding the
					 disbursement of a grant. Payment of a grant shall be made on behalf of the
					 recipient of a grant to the eligible institution at which the recipient is
					 enrolled. Prior to making any such disbursement the directors of financial aids
					 shall certify to the administrative officer the eligibility of a recipient for
					 a grant.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-17 - Refunds

Current through June, 2024
If a recipient withdraws from an eligible institution or
					 otherwise becomes ineligible for enrollment, no refund of tuition paid in
					 behalf of the recipient shall be made to the recipient. The refund, if any,
					 shall be made to the sources from which original payment was made. Refunds will
					 be calculated in accordance with the refund schedule as published in the
					 catalogue of the eligible institution.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-18 - Leaves of absence

Current through June, 2024
A recipient of a Hawaii student incentive grant, who for
					 emergency or extraordinary reasons (as determined by the directors of financial
					 aids, not including academic reasons) must leave the eligible institution
					 during the academic year, will be considered for renewal of the grant for the
					 semester in which the recipient re-enrolls as long as the recipient otherwise
					 continues to be eligible and funds are available.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-19 - Role of the directors of financial aids

Current through June, 2024
The administrative officer may request the directors of
					 financial aids to participate in appropriate and necessary administrative
					 activity associated with but not limited to the determination of recipients of
					 grants, notification of eligible students of grants offered, payment of grants
					 in behalf of recipients to eligible institutions, and the maintenance of fiscal
					 and program records required by the federal government and the government of
					 the State.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 2 - DETERMINATION OF ELIGIBILITY AND THE AWARDING OF GRANTS › Section 20-41-20 - Maintenance of fiscal records

Current through June, 2024
The administrative officer and the director of financial
					 aids of the eligible institution shall maintain proper fiscal records for the
					 Hawaii student incentive grant program. Such records shall conform to the State
					 and federal requirements for such records in order that the commission may
					 continue to qualify as the eligible State agency for the purposes of the Hawaii
					 student incentive grant program. The records of each eligible institution
					 regarding this program shall be subject to audit by the administrative officer
					 and as provided for by the federal rules and regulations governing the State
					 student incentive grant program.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 3 - MISREPRESENTATION › Section 20-41-21 - Sanctions

Current through June, 2024
An applicant for a Hawaii student incentive grant program
					 award, who intentionally or wilfully misrepresents any fact upon any form or
					 document intended for use in determination of the eligibility of such an
					 applicant for receipt of such an award, who intentionally or wilfully
					 misrepresents any fact at an appellate hearing hereunder, and who is a
					 recipient of a grant on the basis of such misrepresentation, or who uses any
					 grant funds received for purposes other than those authorized under this
					 program, shall be subject to the following sanctions:
(1) Denial of eligibility for consideration
				  for a Hawaii student incentive grant for one year.
(2) Refund to the eligible institution of any
				  Hawaii student incentive grant received as a result of such
				  misrepresentation.
(3) Other
				  penalties which are deemed appropriate by the eligible institution at which the
				  student is enrolled.
(4) Other
				  penalties provided for by law.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 3 - MISREPRESENTATION › Section 20-41-22 - Procedures

Current through June, 2024
Should the administrative officer have reasons to believe a
					 recipient of a grant has misrepresented any information for the purpose of
					 receiving a grant or violated any other provision of these rules, the
					 administrative officer shall take or allow for the actions provided in sections
					 20-41-22 through
					 20-41-25.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 3 - MISREPRESENTATION › Section 20-41-23 - Notice of determination of misrepresentation

Current through June, 2024
(a) The
				  administrative officer shall dispatch by registered mail or hand delivery a
				  letter to the last known local address of the recipient, in which is stated the
				  following:
(1) The facts which have become
				  known to the administrative officer which have led to the conclusion that the
				  recipient has misrepresented information for the purpose of receiving a grant
				  or violated any other provision of these rules.
(2) The two sanctions the administrative
				  officer is empowered to and will impose, if the recipient does not file an
				  appeal with the administrative officer within ten calendar days of receipt of
				  the letter.
(3) The procedures to
				  be followed by the recipient should he choose to appeal the determination of
				  the administrative officer.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 3 - MISREPRESENTATION › Section 20-41-24 - Appeal procedure

Current through June, 2024
The administrative officer upon receipt of the formal
					 written appeal from a recipient of a grant shall do the following:
(1) Within ten calendar days, appoint a
				  hearing officer from among the directors of financial aids, excluding the
				  director of financial aids of the institution at which the recipient is
				  enrolled.
(2) The hearing officer
				  shall give the recipient reasonable notice of the date, time, and place of the
				  hearing. Such notice shall be in writing and shall be given to the recipient
				  either by registered mail or hand delivery. A statement of the rule alleged to
				  have been violated and facts and issues involved will accompany the
				  notification of the hearing particulars. Further, the recipient shall be
				  notified of the processes and hearing procedures and the right to counsel and
				  be provided the name of the hearing officer, the names of known witnesses, a
				  statement of the rights of the recipient, and a statement of the maximum
				  sanction which may be imposed.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 3 - MISREPRESENTATION › Section 20-41-25 - Hearing processes

Current through June, 2024
(a) The hearing
				  shall be of an informal nature and need not adhere strictly to technical rules
				  followed by the courts of law.
(b)
				  Open hearings will be held or, upon request of the recipient, restricted open
				  hearings or closed hearings will be held. Public attendance at a restricted
				  open hearing may be limited to representatives of the press.
(c) The recipient may request a closed
				  hearing. Such a request shall be received in writing by the hearing officer at
				  least two calendar days in advance of the date set for the hearing. In this
				  event only the following individuals will be admitted to the hearing room: the
				  hearing officer; the recipient alleged to have violated a rule and the
				  recipient's counsel, if any; a recorder; the person bringing the allegation and
				  counsel, if any; witnesses; and the attorney general or other attorney to
				  advise the hearing officer on questions of law and procedure. Witnesses shall
				  only be present during the hearing for the purpose of giving testimony and
				  responding to questions addressed to them.
(d) The recipient shall be afforded due
				  process.
(1) The recipient may be assisted by
				  an advisor or attorney. If the recipient does intend to have an advisor or
				  attorney present, the hearing officer must be advised in writing of this
				  intention as well as provided with the person's-name at least two calendar days
				  prior to the hearing.
(2) Each
				  party has a right to present evidence and witnesses, to hear and to question
				  witnesses, to question those accusing him, and to present rebuttal evidence. If
				  the recipient testifies in his own defense, he must submit to
				  questioning.
(3) The hearing
				  officer shall operate on the principle that the person is innocent until proven
				  guilty with the burden of proof resting upon the person bringing the
				  allegation.
(4) The guilt or
				  innocence of the recipient shall be determined solely upon matters that have
				  been introduced into evidence at the hearing proceedings.
(5) No sanction may be imposed unless the
				  allegation has been proven by a preponderance of the evidence upon
				  consideration of the whole record or such portions thereof as may be cited by
				  any party and as supported by and in accordance with the reliable, probative,
				  and substantial evidence.
(6)
				  During the hearing and while review and any appeal are pending, the recipient
				  shall enjoy the same status held prior to the allegation.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 3 - MISREPRESENTATION › Section 20-41-26 - Findings and decision

Current through June, 2024
(a) Within a
				  reasonable period of time after the completion of the hearing, the hearing
				  officer shall issue findings of fact, conclusions of law, and a
				  decision.
(b) The hearing officer
				  within a reasonable time by certified mail or hand delivery shall in writing
				  notify the recipient and the administrative officer of the findings,
				  conclusions, and decision.
(c) The
				  findings, conclusions, and decision of the hearing officer shall be final
				  within the commission.
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 41 - HAWAII STUDENT INCENTIVE GRANT PROGRAM › Subchapter 3 - MISREPRESENTATION › Definition of "Full-time" And "Part-time" As Applied to Students (6/17/81)

Current through June, 2024
Undergraduate
								Students
Enrollment status
Credit load per semester
Full time
12 or more credits
3/4 time
9-11 credits
1/2 time
6-8 credits
1/4 time
Ineligible
Less than 1/4 time
Ineligible
Graduate Students
No. of 600-800 level courses
No. of credits by enrollment status
F/T
3/4
1/2
1/4
Less than 1/4 time
2 or more
8
6-7
4-5
3
Ineligible
1 plus undergraduate courses
9
7-8
5-6
3-4
Ineligible
0 (100-599 level courses)
12
9-11
6-8
3-5
Ineligible
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 42 - HAWAII STATE POST-SECONDARY REVIEW PROGRAM (Repealed) › Subchapter 1 - RULES OF GENERAL APPLICABILITY (Repealed) › Section 20-42-4 - Delegation of authority; administration of the Hawaii State Postsecondary Review Program (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 42 - HAWAII STATE POST-SECONDARY REVIEW PROGRAM (Repealed) › Subchapter 2 - STANDARDS AND PROCEDURES FOR REVIEW OF INSTITUTIONS (Repealed) › Section 20-42-6 - State review standards (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 42 - HAWAII STATE POST-SECONDARY REVIEW PROGRAM (Repealed) › Subchapter 2 - STANDARDS AND PROCEDURES FOR REVIEW OF INSTITUTIONS (Repealed) › Section 20-42-7 - Procedures for review of referred institutions (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 42 - HAWAII STATE POST-SECONDARY REVIEW PROGRAM (Repealed) › Subchapter 2 - STANDARDS AND PROCEDURES FOR REVIEW OF INSTITUTIONS (Repealed) › Section 20-42-8 - Review process (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 42 - HAWAII STATE POST-SECONDARY REVIEW PROGRAM (Repealed) › Subchapter 2 - STANDARDS AND PROCEDURES FOR REVIEW OF INSTITUTIONS (Repealed) › Section 20-42-9 - Report of findings (Repealed)

Current through June, 2024