Haw. Code R. § 20-4-14 - Appeals

(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.

Notes

Haw. Code R. § 20-4-14

[Eff 6/22/81; am 3/12/84; am and comp JUL 15 2006] (Auth: HRS § 304-4) (Imp: HRS § 304-4) [Am and comp 10/13/2022] (Auth: HRS § 304A-402) (Imp: HRS § 304A-402)