Haw. Code R. § 20-10-8 - Appeals from a notification of delinquent financial obligation or an imposition of a sanction under this chapter

(a) Appeals involving parking and traffic matters shall be resolved under the procedures provided in chapter 20-12.

(b) Informal review of financial obligations. Any person who is deemed by the university to have a delinquent financial obligation, including student loan payments, may file a written request for an informal review with the appropriate business office or director of the university office that handles financial or loan collection, no later than fifteen days after the date of the notification letter of the student financial or loan obligation. After the university has issued a decision on the informal review, any person who still believes that a student financial or loan obligation has been improperly assessed or who believes a sanction imposed is excessive or unfair may file an appeal with the appropriate business office or financial management office at the university within fifteen days from the date of the decision on the informal review. A hearing officer appointed under section 20-10-7 shall hear the case and render a written decision within a reasonable time to each party.

(c) Filing of an appeal. Any person who believes that any alleged financial obligation (other than an obligation involving parking and traffic matters) was improperly assessed or who deems that a sanction imposed under this chapter is excessive or unfair may appeal the matter to the appropriate business office at the university within fifteen days from the date of the official notification of assessment of the obligation or of imposition of a sanction. A hearing officer appointed under section 20-10-7 shall hear the case and render a written decision within a reasonable time to each party.

(d) Appeals procedure. In all appeals where a person has properly filed an appeal (except appeals involving parking and traffic matters covered by chapter 20-12), a hearing officer shall send a written notification of the hearing to the person who filed the appeal by registered or certified mail with return receipt requested, not less than fifteen days before the date of the hearing.

(1) The notification letter shall include:

(A) The date, time, place, and nature of the hearing;

(B) The legal authority under which the hearing is to be held;

(C) The particular sections of the statutes and rules involved;

(D) A statement in plain language of the issues involved and the facts surrounding the alleged past due financial obligations; and

(E) The fact that any party may appear on their own behalf or be accompanied by counsel at the party's own expense;

(2) The hearing officer shall hear the appeal and render a written decision within a reasonable time and issue a copy of the decision to each party;

(3) All appeal hearings under this subchapter shall be informal in nature. Either party may be represented by counsel of the party's choice and at the party's own expense, and may summon witnesses as the party may desire. The findings and conclusions of the hearing officer shall be confined to the facts and equities of the case. The person requesting the hearing need not be present at the hearing. The evidence and arguments may be presented in writing;

(4) The hearing officer shall make a finding in each appeal as to whether the alleged financial obligation exists and all parties shall be bound by the hearing officer's finding;

(5) The hearing officer, except as provided in subsection (f), may confirm, modify, or cancel any sanction imposed under subchapters 1 and 2, as may be appropriate under the circumstances, in the sound discretion of the hearing officer

(6) All findings of fact and conclusions of law of the hearing officer shall be in writing and shall be effective upon notification of the parties. The hearing officer's decisions shall be final within the university. The parties to the proceeding shall be notified by delivery or mailing of a certified copy of the decision and order.

(e) The chancellor of each campus may extend the time for both the filing of the appeal and issuance of the decision for good reasons, provided that no sanction in an appealed case shall be effective until after the hearing officer's decision is rendered, except as provided in section 20-10-6(b) and (c).

(f) If the hearing officer finds that a delinquency of a tuition or mandatory fee charge exists, the hearing officer shall authorize the cancellation of the individual's registration. If the delinquency of a tuition or mandatory fee charge exists for any previous registration, the hearing officer shall authorize the denial of further registration. In both cases additional sanctions may be imposed.

Notes

Haw. Code R. § 20-10-8

[Eff 4/4/88; am and comp 5/9/98; am and comp DEC 12 2002] (Auth: HRS §§ 26-38, 91-2, 231-58) (Imp: HRS §§ 91-2, 91-9 to 91-13, 231-53) [Am and Comp3/18/2018] (Auth: HRS §§ 304A-105, 304A-604) (Imp: HRS §§ 304A-105, 304A-602, 304A-604) Am and comp 10/13/2022