HAR §20-10-6
HAR §20-10-6. Application of sancti ons
Cite as Haw. Code R. § 20-10-6
(a)
Denial
of further registration may be imposed as a sanction
for delinquent financial obligations which occur prior
to registration and for which no appeal has been
filed .
(b)
Revocation of all rights and privileges
which were conferred by registration or enrollment may
be imposed as a sanction for delinquent financial
obligations.
These sanctions shall remain in force
during the appeals and contested case processes.
(c)
Denial of transcripts , diplomas, and other
entitlements may be imposed as a sanction for
delinquent financial obligations.
These sanctions
shall remain in force during the appeals and contested
case processes.
(d)
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
10-6
§20-10-7
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.
(e)
In addition to all other sanctions , the
university may seek redress under the law to recover
moneys owed to it .
(f)
Costs of implementing the sanctions imposed
under this chapter may be assessed to the person owing
the delinquent financial obligation.
(g)
Sanctions imposed under this chapter at any
campus shall apply to all other campuses .
(h)
No sanction shall be imposed upon a person
who has filed a pe tition for relief under Chapter 7 ,
11, 12 , or 13 of the United States Bankruptcy Code.
(i)
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 3/18/18; am and comp
OCT 1 3 2021 ]
(Auth:
HRS §§26-38 , 91-2 , 231-58 , 304A-105, 304A-b04) (Imp :
HRS § § 91-2 , 91-9 to 91-13 , 2 3 1-5 3 , 3 0 4 A-10 5 , 3 0 4 A-60 2 ,
304A-604 , 11 U.S . C. §362)
SUBCHAPTER 2
APPEALS FROM NOTICES OF DELINQUENT FINANCIAL
OBLIGATIONS OR IMPOSITION OF SANCTIONS
§20- 10- 7
Hearing officers.
(a)
The chancellor
10-7
§20-10-7
of each campus as appropriate shall designate a
hearing officer to hear appeals under this chapter
except for the hearing officers for the setoff
hearings under subchapter 3.
(b)
In any case that does or could present a
conflict of interest , the chancellor shall designate a
substitute hearing officer for that case, except as
provided in subsection (c).
(c)
For those campuses for which the board has
adopted rules governing parking and operation of motor
vehicles , the appeals procedure and appointment
procedure for hearing officers and final board of
appeals as contained within those rules remain in
effect.
[Eff 6/22/81; am and comp 5/9.198; Rm and comp
12/12/02; am and comp 3/18/18; comp
OCT 1 i1 2022
}
(Auth;
HRS §§26-38, 91-2, 231-58, 304A-105, 304A- 604)
(Imp:
HRS §§91-2, 231-53, 304A-105, 304A-602, 304A-
604)
§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, i ncluding 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 belie ves a sanction imposed i s
e xcessive or unfair may file an appeal with the
appropriate business office or financial management
of f ice at the univer s i ty withi n f ifteen days from the
10- 8