Delinquent Financial Obligations

UNIVERSITY OF HAWAII

Amendments and Compilation of Chapter 20-1 0 Hawaii Administrative Rules

(August 18 , 2022)

SUMMARY

1. §§20-10-2 to 20-10-6 are amended.

2. §20-10-8 is amended.

3. §§20-10-11 to 20-10-13 are amended.

4. §§20-10-15 to 20-10-16 are amended.

5. §20-10-18 is amended.

6. Chapter 20-10 is compiled.

HAWAII ADMINISTRATIVE RULES

TITLE 20

UNIVERSITY OF HAWAII

SUBTITLE 1

UNIVERSITY OF HAWAII

BOARD OF REGENTS

CHAPTER 10

DELINQUENT FINANCIAL OBLIGATIONS

Subchapter 1 Rules of General Applicabi l i t y

§20-10-1 Purpose §20-10-2 General statement of policy §20-10-3 Definitions §20-10-4 Delinquent financial o bligations §20-10-5 Collection of de l inquent financial obligations §20-10-6 Applicati o n of sanctions

Subchapter 2 Appeals from No tices of Delinquent Financial Obligations or Imposition of Sanc tions

§20-10-7 Hearing o fficers §20-10-8 Appeals from a n o tification of

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§20-10-1

delinquent financial obligation or imposition of a sanction under this chapter §20-10-9 Repealed §20-10-10 Repealed

Subchapter 3 Setoff of a Person ' s Delinquent Financial Obligation Against the Person's Hawaii State Income Tax Refund or Any Other Sum Due to the Person from the State

§20-10-11 Purpose of subchapter §20-10-12 Procedure for setoff §20-10-13 Hearings to contest the setoff §20-10-14 Procedures for the administrative hearing on the setoff §20-10-15 Rules of evidence; official notice §20-10-16 Final decisionmaking for the University in a contested case hearing §20-10-17 Consultation by decisionmaking officials ; ex parte communication prohibited §20-10-18 Appeals from the final decision

SUBCHAPTER 1

RULES OF GENERAL APPLICABILITY

§20-10-1 Purpose. This chapter provides the university with a procedure which provides clear and fair methods in collecting delinquent financial obligations owed to the university. [Eff 6/22/81; am and comp 5/9/98; comp 12/12/02; am and comp 3/18/18; comp OCT 1 3 2022 ] (Auth: HRS §§26-38r 91-2, 23 1 - 58, 304A- 105, 304A-604) (Imp: HRS §§91-2, 91-9 to 91 - 13, 231-53, 304A-105, 304A-602, 304A-604)

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§20-10-3

§20-10-2 General statement of policy. (a) If a person has assumed a financial obligation to the university and payment is past due, the university shall have the right to impose sanctions under this chapter as it may deem appropriate. (b) To implement this chapter, the president or the president 1 s designee may issue guidelines consistent with this chapter and as may be appropriate. [Eff 6/22/81; am 4/4/88; am and comp 5/9/98; com~ 12)12/02; am and comp 3/18/18; am and comp 0CT 1 ii 2022 ] (Auth: HRS §§26-38 1 91-2, 231- 58, 304A-105, 304A-604) (Imp: HRS §§91-2, 91-9 to 91- 13 1 231-53, 304A-105, 304A-602, 304A-604)

§20-10-3 Defi niti ons. (a) As used in this chapter: "Appeal" means a timely filed petition disputing the university ' s notification of delinquent financial obligation 1 including a request for hearing under subchapter 2 filed on the appropriate form. "Board" means the board of regents of the university. "Business office" means the primary business office which receives payments for tuition 1 fees, and other official charges on the campus at which the delinquent financial obligation occurred. "Campus" refers to each of the following major organizational units of the University: (1) University of Hawaii at Manoa , including the East-West Center and the Kakaako Campus; ( 2) University of Hawaii at Hilo; ( 3) University of Hawaii - West Oahu; ( 4) Honolulu Community College; ( 5) Kapiolani Community College; ( 6) Leeward Community College ; ( 7) Windward Community College ; ( 8) Kauai Community College; ( 9) University of Hawaii - Maui College; (10) Hawaii Community College; and

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§20-10-3

(11) Any other major organizational unit of the university identified as a campus by the board. "Chancelloru refers to the chief executive officer of the respective campus, and shall include their authorized designee. "Claimantu means the university program which initiates the utilization of the setoff procedure provided in subchapter 3. "Contested caseu means the administrative case initiated by a person to contest the setoff under subchapter 3. "Debtoru means any person who owes a debt to the university. "Defaultedu means failure to make a scheduled installment payment on a promissory note or failure to comply with other terms of a promissory note . "Delinquent" means being past due on student loan payments or failing to pay or establish a payment plan for other types of financial obligations by the established deadlines. "Financial obligationu means any amount owed to the university. "Hearing officer" means a person duly designated by the university to preside over a hearing under this chapter. "Partyu means any person that participates in an appeal hearing or a contested case hearing as a person filing the appeal, a business office, a debtor, or a claimant. "Person" includes any individual, corporation, partnership, association, or any trustee, assignee, receiver, or legal successor thereof. "President" means the president of the university. "Review" means an informal proceeding which affords a person an opportunity to present the person ' s case to a university staff member duly authorized under this chapter. "Sanctions" means the range of penalties which the university may invoke in cases of delinquent financial obligations.

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§20-10-5

"Setoffn means the application of a person' s income tax refund or any other sums due to the person from the State, to a valid debt due and owing the university pursuant to the authority granted by sections 231-51 to 231-59, HRS. "Universityn means the University of Hawa i i. Any of the provisions in this chapter which affect the standing of a person at any one campus also affect the standing or potential standing at all other campuses. (b) Words of the masculine gender include the feminine and neuter, and when the sense so indicates , words of the neuter gender may refer to any gender. Words in the singular number include the plural, and words in the plural number include the singular . [ Ef f 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 2022] (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)

§20-10-4 Delinquent financial obligations . A delinquent financial obligation shall be deemed to exist , provided that notice of the financial obligation has been sent to the person , with the exception of those contracts in which notice is not required . Sanctions on delinquent financial obligations shall be based on dollar limit threshold amounts . The dollar limit threshold amounts shall be established by the board at an open meeting subject to the requirements of Chapter 92 , HRS. [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 2022 ] (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)

§20 - 10-5 Collection of delinquent financial obligations. When any payment on an outstanding

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§20-10-5

financial obligation is past due , and the university has made reasonable efforts to collect the delinquent financial obligation , the university shall commence collection of the outstanding financial obligatio n pursuant to procedures established by the university . [Eff 6/22/81 ; am 4/4/88 ; am and comp 5/9/98 ; comp 12/12/02 ; am and comp 3/18/18 ; am and comp OCT 1 3 2022 ] (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)

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

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§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 4A-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

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§20-10-7

of each campus as appropriate shall designate a hearing officer to hear appeals under this chapter except for the hearing o fficers 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)

§ 2 0-10-8 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 n cluding 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 b e li e ves a sanction impos ed i s e xcessive or unfair may file an appeal with the appropriate business office or financial management o f f ice at the unive r s i ty with i n f ifteen days from the

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§20-10-8

date of the decisi on on the informal review. 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 obligatio n ( other than an obligatio n involving parking and traffi c matters) was impro perly 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 no tification of assessment of the o bligation or o f imposition of a sanction. A hearing officer appoi nted 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 a ce , 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 finan c 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 o py 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 , 231-58 1 304A-105, 304A-604) (Imp : HRS §§91-2 , 231-53 , 304A- 105 , 304A-602 , 304A-604)

§20-10-9 REPEALE D. [R 5/9/98]

§20-10-10 REPEALED. [R 5/9/98]

SUBCHAPTER 3

SETOFF OF A PERSON ' S DELINQUENT FINANCIAL OBLIGATION AGAINST THE PERSON ' S HAWAII STATE INCOME TAX REFUND OR ANY OTHER SUM DUE TO THE PERSON FROM THE STATE

§20-10-11 Purpose of subchapter. This subchapter provides guidelines for the university ' s utilization of the authority granted under sectio ns 231-51 to 231-59 , HRS , to retain the state income tax refund or any other sum due from the State of Hawaii to a person who owes a debt to the university . [Eff 5/9/98 ; am and comp 12/12/02 ; comp 3/18/18 ; am and comp OCT 1 3 2022] (Auth: HRS §§2 6-38 , 91 - 2 , 2 31- 58 1 304A-105 , 304A-604) (Imp: HRS §§91-2 , 91 - 9 t o 91 - 13 , 92-16 , 231-53 , 304A-105 , 304A-602 , 304A-604)

§20- 10- 12 Procedure for setoff. (a) When a university claimant decides to utilize the authority granted under sections 231-51 to 231-59 , HRS, to

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§20-10-12

request a setoff of a person ' s debt to the university against the person's state income tax refund or any other sum due to the person from the State, the claimant shall submit the request for setoff to the appropriate business office. (b) The business office shall submit the setoff request to the Comptroller of the State Department of Accounting and General Services. (c) The Comptroller shall issue a written notice to the debtor of the State 1 s intention to apply the debtor's debt to the university against the debtor's state income tax refund or any other sum due the debtor from the State . The Comptroller 1 s written notice shall state that the debtor, within thirty days of the date of the notice, may request an administrative hearing before the university to contest the setoff. (d) The request for an administrative hearing shall be submitted to the appropriate business office at the university in writing not more than thirty days from the date of the Comptroller's notice described in subsection (c). The appropriate business office at the university may extend the time for the submission of the request for hearing upon a showing of good cause, as determined at the sole discretion of the director of the appropriate business office at the university. [Eff 5/9/98; am and comp 12/12/02; am and comp 3/18/18; am and comp OCT 1 3 7022 ] (Auth: HRS §§26-38, 91-2, 231-58, 304A-105, 3041\-604) (Imp: HRS §§91-2 , 91-9 to 91-13, 92-16, 231-53 , 304A-105, 304A- 602 1 304A-604)

§20-10-13 Hearings to contest the setoff. (a) The administrative hearings under this subchapter shall be treated as a contested case hearing under the Hawaii Administrative Procedure Act (chapter 91, HRS) and shall be conducted in accordance with the statutory requirements for contested case hearings. (b) The administrative hearings under this subchapter shall be presided by a hearing officer

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§20-10-14

designated by the president o r the president's designee. (c) Upon receipt of a written request for a contested case hearing 1 the appropriate business office at the university shall direct the duly designated hearing officer to issue a written notice to both the debtor and the claimant, which n o tice shall include a statement of; (1) The date, time , p l a c e 1 and nature of the hearing; (2) The legal authority under which the hearing is to be held; (3) The particular sectio ns of the statutes and rules involved; (4) An explicit statement in plain language of the issues involved and the facts alleged by the claimant in support thereof; provided that if the claimant is unable to state the issues and facts in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upo n app l ication a bill of particulars shall be furnished; (5) That the contested case is limited to issues not previously contested by the debtor; and ( 6) The fact that any party may retain counsel if so desired , and the fact that an individual may appear on the individual's own behalf . The written noti c e of hearing shall be provided to all parties to the administrative proceeding at least fifteen days before the hearing. [Eff 5/9/98; comp 12/120E'f;l ~ ffld comp 3/18/18; am and comp 2 ) (Auth : HRS §§26-38, 91-2 , 231-58 , 304A-105, 304A-604) (Imp ; HRS §§91-2, 91-9 to 91-13 , 92-16 , 231-53, 304A-105 , 304A-602, 304A-604)

§20-10-14 Procedures for the administrative hearing on the setoff . (a ) Oppo rtunities shall be afforded all parties in a contested case to present

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§20-10-14

evidence and argument on all issues involved. (b) Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation , agreed settlement, consent order, or default. (c) For the purpose of decisions, the record of the contested case shall include: (1) All pleadings , motions, and intermediate rulings ; (2) Evidence received or considered, including oral testimony, exhibits, and a statement of matters officially noticed; (3) Offers of proof and rulings thereon; (4) Proposed findings and exceptions; (5) Report of the hearing officer who presided at the hearing; and (6) Staff memoranda submitted to the hearing officer in connection with the hearing officer' s consideration of the case . (d) For the purpose of preserving a record of the proceedings before the hearing officer, the proceedings shall be recorded. It shall not be necessary to transcribe the record unless requested for purposes of rehearing , review by the president or the president's designee, or court review. (e) Within a reasonable time following the closure of the hearing on the contested case, the hearing officer shall prepare a proposed decision on the case as a recommendation for the president or the president's designee. (f) No matters outside the record shall be considered by the hearing officer in making a proposed decision, except as provided in this chapter . (g) Every decision and order rendered by the hearing officer shall be in writing and shall contain a statement of reasons for the decision and shal l i n clude a determinat i o n of each issue of fact or law n ecessary to the proposed decision . If any party to the contested case proceeding has filed proposed findings of fact , the hearing officer shall

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§20-10-15

incorporate in the proposed decision a ruling upon each proposed finding so presented. (h) A copy of the proposed decision shall be served upon both the debtor and the claimant by delivering or mailing a copy of the propo sed decis ion and accompanying findings and conclusions to each party or to the party ' s attorney of reco rd. (i) If the debtor is adversely affected by the proposed decision 1 the debtor shall be afforded an opportunity to file exceptions t o the proposed decision and present argument to the president or the president ' s designee before a final decision on the contested case is rendered by the president or the president ' s designee. Exceptions shall be filed in the manner set forth in section 20-10-16 (b). [Eff 5/9/98; am and comp 12/12/02 ; am and c omp 3/18/18 ; comp OCT 1 3 2022 ] (Auth: HRS §§26- 38 , 91- 2 , 231- 58 1 304A-105 , 304A-604) (Imp: HRS §§91-2 , 91-9 to 91- 13 , 92-16, 231-53 , 304A-105 , 30 4A-60 2 , 30 4A-60 4)

§20-10-15 Rules of evidence; official notice. (a) Any oral or do cumentary evidence may be received by the hearing officer. The hearing officer , as a matter of policy , shall provide for the exclusio n of irrelevant, immaterial , or unduly repetitious evidence. No sanction shall be imposed or order be issued except upon consideration of the whole record or the portions thereof as may be cited by any party and as supported by and in accordance with the reliable, probative , and substantial evidence . The hearing officer shall give effect to the rules of privilege recognized by law. (b) Documentary e vidence may be received in the form of copies or excerpts , if the original is not readily available ; pro vided that upon request , parties shall be given an opportunity to compare the copy with the original. (c) Every party shall have the right to conduct a cross-examination as may be required for a full and

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§20-10-15

true disclosure of the facts, and shall have the right to submit rebuttal evidence. (d) The hearing officer may take notice of judicially recognizable facts. In addition, the hearing officer may take notice of generally recognized technical or scientific facts within the hearing officer's specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed. (e) Except as otherwise provided by law, the debtor contesting the setoff shall have the burden of proof, including the burden of producing evidence as well as the burden of persuasion. The degree or quantum of proof shall be a preponderance of the evidence. (f) Any document filed in a contested case, other than evidence, shall conform to the requirements of section 20-1.1-11. In addition, all the documents shall be written in ink, typewritten, or printed, shall be plainly legible, shall be on strong durable paper, not larger than 8-1/2" x 14" in size except that tables , charts, and other documents may be larger, folded to the size of the documents to which they are attached. [Eff 5/9/98; am <i.O.dl'ffQ~ 12/12/02; am and comp 3/18/18; am and comp 0~I LU 22 ] (Auth: HRS §§26-38, 91-2 , 231-58, 304A-105, 304A-604) (Imp: HRS §§91-2, 91-9 to 91-13, 92-16, 231-53, 304A- 105, 304A-602, 304A-604)

§20-10-16 Final decisionmaking for the university in a contested case heari ng. (a) Since the administrative hearing is not presided over by the president or the president ' s designee but rather delegated to a hearing officer , and the president or the president's designee would not have hea r d and examined all of the evidence, the final decision for the university shall not be made by the president or the president's designee until the hearing offi c e r 's

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§20-10-16

proposed decision containing a statement of reasons and including a determination of each issue of fact or law necessary to the proposed decision has been served upon the debtor and the claimant. (b) If the debtor is adversely affected by the proposed decision, the debtor shall be afforded an opportunity to file exceptions to the proposed decision and to present written and oral arguments to the president or the president ' s designee. The exceptions shall be in writing and filed with the president or the president 1 s designee not more than fifteen days from the date of the proposed decision. The president or the president ' s designee shall provide the aggrieved debtor with an opportunity to present oral arguments at an adjudicatory meeting with the president or the president ' s designee. (c) In rendering the final decision for the university, the president or the president's designee shall personally consider the whole record of the contested case or the portions thereof as may be cited by the parties. No matters outside the record shall be considered by the president or the president's designee in making a decision, except as provided in this chapter. (d) Every decision and order rendered by the president or the president ' s designee shall be in writing and shall be accompanied by separate findings of fact and conclusions of law. (e) Both the debtor and the claimant shall be notified of the president ' s or the president ' s designee ' s final decision by delivering or mailing a copy of the president ¥ s or the president ' s designee ' s final decision and order and accompanying findings and conclusions to each party or to the party's attorney of record. [Eff 5/9/98; comp 12/12/02 ; am and comp 3/18/18; am and comp OCT 1 3 2022] (Auth: HRS §§26-38, 91-2 , 231-58 , 304A-105 , 304A-604) (Imp: HRS §§91-2, 91-9 to 91-13 , 92-6 (a) (2) ,. 92-16, 231-53, 304A-105 , 304A-602, 304A-604)

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§20-10-17

§20-10-17 Co nsultation by decisionmaking officials; e x p art e communication prohibited. At no time after the filing of the written request for a contested case hearing shall any hearing officer, the president or the president's designee who renders a decision in an administrative contested case, or any other person who is likely to advise these officials in the decision on the contested case, discuss ex parte any issue of fact or the merits of the contested case with any interested person not performing a decisionrnaking function, except by giving notice to both the debtor and claimant providing an opportunity for all parties to participate in the discussion. This prohibition shall not apply to consultations required for the disposition of ex parte matters authorized by law or to consultations with the decisionmakers' legal counsel covered by the attorney- client privilege. [Eff 5/9/98; comp 12/12/02; am and comp 3/18/18; comp OCT 1 3 2022 ] (Auth: HRS §§26- 38, 91-2, 231-58, 304A-105, 304A-604) (Imp: HRS §§91- 2, 91-9 to 91-13, 92-16, 231-53, 304A-105, 304A-602, 304A-604)

§20-10-18 Appeals from the final decision . Appeals from the final decisi o n of the president or the president's designee rendered in a contested case under this subchapter shall be in accordance with chapter 91, HRS. [Eff 5/9/98 ; corn~ 12/12/02; am and comp 3/18/18; am and comp OCT l iS 2022 ] (Auth: HRS §§26-38, 91-2, 231-58, 304A-105, 304A-604) (Imp: HRS §§91-2, 91-9 to 91-13, 92-16, 231-53 , 304A-105 , 304A- 602, 304A-604)

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UNIVERSITY OF HAWAII

Amendments to and compilation of chapter 20-10, Hawaii Administrative Rules, on the Summary Page dated August 18, 2022, were adopted on August 18 1 2022 , following a public hearing held on July 28, 2022, after public notice was given in The Maui News on Saturday, June 25, 2022, and the Honolulu Star- Advertiser, Hawaii Tribune Herald, West Hawaii Today and The Garden Island on Sunday , June 26, 2022.

These rules shall take effect ten days a f ter filing with the Office of the Lieutenant Governor.

£a'"'LJJl ~~ RANDOLPH G. MOORE Chairperson, Board of Regents University of Hawaii

APPROVED:

..r, a:: 0 ..z: er: w :> ow Governo r c ;<..> 1-i:: State o f Hawaii :z::~ <O z Dated : w I-- .::, ------------ ~ __, OCT O 3 2022 r- Fi led m ~ c:::- --4 ~ :z: qJ o> .,, :z: .,,_. t: n~, ,..,0 ;z:. <:

-.. ~ 'O ~ 2 w 0 ::c 10- 19 (.r,

3487 I ' ~ ,.

APPROVED AS TO FORM :

University of Hawaii

Carrie K. 5.0kinaga,sq. Vice President for Legal Affairs and University General Counsel

Department of the Attorney General

Lo.J1. Tanigawa, Esq. Deputy Attorney General

10-20