HAR §20-10-8

HAR §20-10-8. date of the decision on the informal review

Last amended: 2022Length: 682 wordsOfficial source

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; 10-9 3487 §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 10- 10 §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)