HAR §20-10-6

HAR §20-10-6. Application of sancti ons

Last amended: 2021Length: 809 wordsOfficial source

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