§20-10-6 - Application of sanctions.

§20-10-6 Application of sanctions. (a) Cancellation of registration during the semester or academic session shall be imposed as a sanction; provided that no properly filed appeal is in process and:

         (1) Tuition or mandatory fee payments are delinquent and no arrangement acceptable to the university has been made for payment; or

         (2) The hearing officer has determined that the debt is owed and sanctions are proper.

         (b) Denial of further registration may be imposed as a sanction in all other cases of delinquent financial obligations which occur prior to registration and for which no appeal has been filed.

         (c) Revocation of all rights and privileges which were conferred by registration or enrollment may be imposed as a sanction in all cases of delinquent financial obligations. These sanctions shall remain in force during the appeals and contested case processes.

         (d) Denial of transcripts, diplomas, and other entitlements may be imposed as a sanction in all cases of delinquent financial obligations. These sanctions shall remain in force during the appeals and contested case processes.

         (e) 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.

         (f) In addition to all other sanctions, the university may seek redress under the law to recover moneys owed to it.

         (g) Costs of implementing the sanctions imposed under this chapter may be assessed to the person owing the delinquent financial obligation.

         (h) Sanctions imposed under this chapter at any campus shall apply to all other campuses.

         (i) No sanction shall be imposed upon a person who has filed a petition for relief under Chapter 7, 11, 12, or 13 of the United States Bankruptcy Code.

         (j) The expiration of the statute of limitations for cases of delinquent financial obligations shall not serve as a basis for the issuance of transcripts, diplomas, and other entitlements.

        [Eff 6/22/81; am 4/4/88; am and comp 5/9/98; am and comp 12/12/02; am and comp MAR 18 2018] (Auth: HRS §§26-38, 91-2, 231-58, 304A-105, 304A-604) (Imp: HRS §§91-2, 91-9 to 91-13, 231-53, 304A-105, 304A-602, 304A-604, 11 U.S.C. §362)

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