HAR §20-10-8
HAR §20-10-8. date of the decision on the informal review
Cite as Haw. Code R. § 20-10-8
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 obligatio n involving parking and traffic
matters) was improperly assessed o r 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 o f imposition of a
sanction.
A hearing officer appointed under section
20-10-7 shall hear the case and r e nder 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
no tification of the hearing to the person who filed
the appeal by registered or certified mail with return
receipt requestedr not less than f i fteen days before
the date of the hearing .
(1)
The notification letter s hall include:
(A)
The date 1
time , p l ace, and nature of
the hearing;
(B)
The legal autho rity 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
financ ial obligations ; and
(E)
The fact that any party may appear on
their own beha l f 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 c opy o f the
decision to each party;
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§20-10-8
(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
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§20-10-12
officer shall authorize the denial of further
registration.
In both cases additional sanctions may
be imposed .
[Eff 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 2022 ]
(Auth ~
HRS §§26-38, 91-2 , 231-581
304A-105, 304A-604) (Imp:
HRS §§91-2, 231-53 , 304A-
105, 304A-602 , 304A-604)