Hawaii Administrative Code

(a) Special use permits may be issued to engage in activities otherwise prohibited by this chapter. (b) Special uses are all types of uses, other than research, commercial tour activities, and commercial film and recordings which are considered compatible with the functions and p…

(a) Commercial tour activity permits for conducting commercial tours or transporting passengers for hire within the UH management areas may be issued by the president. (b) Permits for commercial tours or passenger transportation for hire may be issued pursuant to subsection (c), …

(a) Use for commercial purposes of video, digital, film, still photography, or any other visual and audio recordings taken within the UH management areas is prohibited without a written permit issued by the Hawaii film office of the department of business, economic development an…

(a) Permits shall be valid for the term set forth therein, as established the president. Upon expiration of the stated term, the permit and all rights of the permittee thereunder shall automatically terminate. (b) No permit shall be renewed unless the permittee has submitted a ti…

(a) All payments collected pursuant to these rules shall be deposited into the Mauna Kea lands management special fund. (b) The proceeds of the Mauna Kea lands management special fund shall be used as provided in chapter 304A, Hawaii Revised Statutes. Notes Haw. Code R. § 20-26-7…

This subchapter shall govern the university's practices and procedures relating to the administrative proceedings for civil violations of these rules and the assessment of administrative sanctions for such violations. This subchapter shall effectuate and carry out the purposes an…

(a) This subchapter shall apply to violations of this chapter and permits issued under this chapter. (b) Any criminal prosecution against a person shall not preclude the university from imposing administrative sanctions pursuant to this subchapter against the same person for any …

(a) An authorized agent, law enforcement officer, or the president shall impose one or more of the following sanctions for violations of these rules or permits issued pursuant to these rules: (1) Immediate expulsion from the UH management areas; (2) Exclusion from the UH manageme…

An authorized agent or law enforcement officer shall have the power(s) to issue a citation for any violation of the provisions of this chapter: (1) Law enforcement officer (s) may use a form of citation that is authorized for use for violations of Hawaii Administrative Rules, ord…

(a) Requests for informal and formal appeals shall be submitted in writing on a form to be provided by the president. These forms shall be made available by the president at OMKM''s office and on OMKM's website. (b) Practice and procedure for informal and formal appeals: (1) Info…

(a) Unless otherwise stated in a final decision, payment and performance of all administrative fines, other monetary assessments, and non-monetary sanctions shall be due and enforceable within thirty (30) calendar days of the service of the final decision imposing such fines and …

These rules are declared to be severable and if any portion or the application thereof to any person or property is held invalid for any reason, the validity of the remainder of these rules or the application of the remainder to other persons or property shall not be affected. No…

The board delegates its authority to administer this chapter to the president, who may further delegate that authority to a designee. Notes Haw. Code R. § 20-26-8 [Eff 1/23/2020] (Auth: HRS § 304A-1903) (Imp: HRS §§ 304A-103, 304A-105, 304A-1903)

Notes Haw. Code R. § 20-3-1 [Eff. JUN 22 1981] (Auth: HRS § 304-4) (Imp: HRS § 304-4) Repealed5/20/2017

Notes Haw. Code R. § 20-3-2 [Eff. JUN 22 1981] (Auth: HRS § 304-4) (Imp: HRS § 304-4) Repealed5/20/2017

Notes Haw. Code R. § 20-3-3 [Eff. JUN 22 1981] (Auth: HRS § 304-4) (Imp: HRS § 304-4) Repealed5/20/2017

Notes Haw. Code R. § 20-3-4 [Eff. JUN 22 1981] (Auth: HRS § 304-4) (Imp: HRS § 304-4) Repealed5/20/2017

Notes Haw. Code R. § 20-3-5 [Eff. JUN 22 1981] (Auth: HRS § 304-4) (Imp: HRS § 304-4) Repealed5/20/2017

Notes Haw. Code R. § 20-3-6 [Eff. JUN 22 1981] (Auth: HRS § 304-4) (Imp: HRS § 304-4) Repealed5/20/2017

Notes Haw. Code R. § 20-3-7 [Eff. JUN 22 1981] (Auth: HRS § 304-4) (Imp: HRS § 304-4) Repealed5/20/2017

Notes Haw. Code R. §§ 20-30-1 to 20-30-29 R 10/13/2022

The rules of practice and procedure for the State Board for Career and Technical Education shall be as provided in the rules of practice and procedure of the board of regents for the University of Hawaii within subchapter 2 (§§ 20-1.1-8 through 20-1.1-13), subchapter 3, and subch…

(a) As used in this chapter, unless the context specifically requires otherwise: "Board" means the State board for career and technical education. (b) Unless otherwise specifically stated, the terms used in rules promulgated by the board pursuant to powers granted by statute shal…

(a) Procedures to be followed by the board shall, unless specifically prescribed in this chapter or by chapter 91, HRS, or other statutory provisions, be such as in the opinion of the board will best serve the purposes of such hearings. Cases shall be conducted fairly and imparti…

The board shall have the power to delegate the power to hear contested cases. Notes Haw. Code R. § 20-30.1-4 [Eff 10/13/2022] (Auth: HRS §§ 91-2, 304A-302) (Imp: HRS §§ 91-2, 304A-302)

(a) In any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. (b) The notice shall include a statement of: (1) The date, time, place, and nature of hearing, (2) The legal authority under which the hearing is to be held. (3) The parti…

(a) Any oral or documentary evidence may be received but the board or hearing officer shall as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence and no sanction shall be imposed or order be issued except upon consideration of t…

Whenever in a contested case the officials of the Board who are to render the final decision have not heard and examined all of the evidence, the decision, if adverse to a party to the proceeding other than the board itself, shall not be made until a proposal for decision contain…

Every decision and order adverse to a party to the proceeding, rendered by the board in a contested case, shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceeding has filed proposed fi…

No official of the board who renders a decision, or hearing officer who makes a recommended decision, in a contested case shall consult any person on any issue of fact except upon notice and opportunity for all parties to participate, save to the extent required for the dispositi…

(a) The residency appeals board shall be composed of the residency officers for each campus of the university. (b) A minimum of three residency appeals board members shall decide each appeal. (c) Residency officers shall recuse themselves from hearing appeals of students enrolled…

(a) The residency officer for each campus shall determine the resident or nonresident status of every student matriculating at that campus. Evidence shall be collected to elicit facts upon which to make the residency determination. Evidence may be provided by the student respondi…

A resident student who subsequently takes up residence outside of Hawaii and who continues to attend the university shall promptly advise the residency officer of the change of residence. In such a case, the nonresident tuition differential shall be payable commencing from the re…

Notes Haw. Code R. § 20-4-12 R 15 2006

Notes Haw. Code R. § 20-4-13 R JUN 15 2006

(a) Classification as a nonresident by a residency officer may be appealed by the student to the residency appeals board. (b) Notification of appeal shall be made in writing upon the form available at the admissions office on each campus. Notification of appeal shall be received …

Notes Haw. Code R. § 20-4-15 R JUL 15 2006

Notes Haw. Code R. § 20-4-16 R 3/12/84

A student or prospective student who provides incorrect information upon any form or document intended for use in the determination of residency status for tuition or admission purposes, or relative to any appeal hearing thereof, and who is admitted to the university on the basis…

As used in this chapter; "Adult" means a person who has reached majority. "Board" means the board of regents of the University of Hawaii. "Chancellor" refers to the chief executive officer of the respective campus, and shall include their authorized designee. "Dependent" means th…

The board hereby delegates its authority to administer and manage the tuition program at the university to the president. Notes Haw. Code R. § 20-4-3 [Eff 6/22/81; comp JUL 15 2006] (Auth: HRS § 304-4) [Am and comp 10/13/2022] (Auth: HRS § 304A-402)

Notes Haw. Code R. § 20-4-4 Eff 6/22/81; R 3/12/84

The board may exempt certain nonresidents from payment of the nonresident tuition differential. Students may consult residency officers for further information on these exemptions. Notes Haw. Code R. § 20-4-5 [Eff 6/22/81;am 3/12/84; am 4/04/88; am and comp JUL 15 2006] (Auth: HR…

The university's definition of "resident" for tuition purposes may be different from the definitions developed by other non-university agencies. The university does not necessarily recognize declarations of resident status made by other agencies. Thus, a person who is a Hawaii re…

The determination of residence for tuition purposes requires that the adult student or in the case of a minor student, the student's parent or guardian, has been a bona fide resident of this state for at least twelve consecutive months immediately prior to the residency determina…

The following rules of construction shall be applied in all cases: (1) The twelve months begin on the date upon which the first overt action (see evidences in section 20-4-7) is taken to make Hawaii the permanent residence. While residence shall be lost if it is interrupted durin…

(a) The resident status of every adult shall be established by the person's own acts and intentions and shall not be derived from any other person, except as specifically provided otherwise in this chapter. (b) The residence of an unemancipated minor shall be the residence of the…