Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 255 - POST-SECONDARY EDUCATION AUTHORIZATION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 16-255-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context otherwise
				  requires:
"Institution" means a private college or university,
				  seminary, or religious training institution.
"Physical presence" shall have the same meaning in section
				  305J-2, HRS; provided
				  that "physical presence" is not triggered, solely, by any of the
				  following:
(1) Courses offered at a distance, offered online, through
				  the United States mail or similar delivery service, and that do not require the
				  physical meeting of a student with instructional staff;
(2) Academic offerings among accredited institutions which
				  are participating in consortia agreements approved by each of the participating
				  institutions;
(3) Advertising to students within the State, whether through
				  print, billboard, direct mail, Internet, radio, television or other medium.
				  However, an institution that is seeking authorization to operate in the State
				  shall not market or advertise prospective Hawaii-based programs in the State
				  until and unless the institution has notified the department and provided
				  copies of any marketing materials or advertisements to the department;
(4) Recruiting (e.g., hosting or attending recruitment
				  fairs);
(5) An educational experience arranged for an individual
				  student, such as a clinical, practicum, residency, or internship; provided
				  that:
(A) The institution has obtained, if applicable, the
				  professional and licensure approvals necessary to conduct the learning
				  opportunity;
(B) No more than ten students from an institution are
				  physically present simultaneously at a single field site; and
(C) There is no multiyear contract between the institution
				  and the field site;
(6) An educational field experience arranged for a group of
				  students who are participating in campus-based programs in another
				  state;
(7) An offering in the nature of a short course or seminar
				  that takes place in the State, if instruction for the short course or seminar
				  is no more than twenty classroom hours;
(8) A portion of a full-term course for which no more than
				  two meetings, totaling less than six hours, takes place in a setting where the
				  instructor and students physically meet together;
(9) Distance course offerings by an accredited institution on
				  a U.S. military installation, that is limited to active and reserve military
				  personnel and their dependents;
(10) Operation of a server, router, or similar electronic
				  service device when such a device is not housed in a facility that otherwise
				  would constitute a physical presence; provided that the presence of a server or
				  similar pass-through switching device in the State does not by itself
				  constitute the offering of a course or program in the State;
(11) Having faculty, adjunct faculty, mentors, tutors,
				  recruiters, or other personnel residing in the State; the presence of
				  instructional faculty in the State, when those faculty offer entirely online or
				  other distance-education instruction and never meet their students in person
				  for educational purposes while in the State, does not establish a presence of
				  the institution in the State;
(12) Requiring a student to take a proctored examination at a
				  location or with an entity in the State prescribed by an institution; or
(13) Having a contractual arrangement in the State.
"Private college or university" shall have the same meaning
				  in section
				  305J-2, HRS.
"Teach-out plan" means a written agreement between accredited
				  institutions that provides for the equitable treatment of students if one of
				  these institutions stops offering an educational program before all students
				  enrolled in that program complete the program.