Hawaii Administrative Code

If any provision of these rules, or the application of them to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rules which can be given effect without the invalid provision or application, and to this end the prov…

(a) As used in this chapter, unless the context specifically requires otherwise: "Administrative officer" means the president of the University of Hawaii. "Board" means the board of regents of the University of Hawaii. "Chairperson" means the chairperson of the commission. "Commi…

(a) The commission shall consist of the members of the board and four other members who shall be appointed in accordance with section 26-34, HRS. (b) The president shall be the administrative officer of the commission. The administrative officer shall carry out the policies adopt…

(a) The office of the commission is in the office of the administrative officer, situated in Honolulu, Hawaii. All communications to the commission shall be addressed to the 'State Postsecondary Education Commission, University of Hawaii, Office of the President, Bachman Hall 202…

The commission may cooperate with the federal government to qualify the State to provide administrative action and/or receive funds made available under the Higher Education Act of 1965, Public Law 89-329, as amended from time to time, and in addition may serve as the state agenc…

(a) The commission shall meet as needed for administrative action and/or the receipt of federal student information and/or federal funds. The commission may from time to time meet in any of the counties of the State of Hawaii. The commission may meet in executive session, from wh…

(a) A majority of the members to which the commission is entitled shall constitute a quorum at any commission meeting. The concurrence of a majority of all the members to which the commission is entitled shall be necessary to make any action of the commission valid. (b) The curre…

(a) The term "government record" as used in this chapter is defined as in chapter 92F, HRS. (b) All government records of the commission shall be available for inspection during established office hours of the administrative officer, subject to the limitations prescribed in chapt…

The university general counsel shall be designated as legal counsel for the commission. The university general counsel or the university general counsel's representative, in the capacity as legal counsel for the commission, may be present at all meetings and hearings governed by …

The Hawaii student incentive grant program is established for the purpose of providing tuition grants to assist those residents of the State who are substantially needy in meeting the cost of education. Hawaii student incentive grants are also provided for the purpose of fosterin…

The amount of Hawaii student incentive grant for each academic year shall not exceed the maximum allowed under the rules governing the federal state student grant program, or $750, or the annual cost of full tuition at the eligible institution at which a student is enrolled or pl…

The director of financial aids of the eligible institution shall rank eligible applicants on the basis of the student eligibility index, and assign grants in ascending order of that index, taking into consideration other financial assistance made available to that student as desc…

(a) The directors of financial aids shall utilize the student eligibility index as stated on an applicant's basic educational opportunity grant student eligibility report to determine the amount an applicant is to receive at the eligible institution in which the applicant will en…

The directors of financial aids shall notify in writing the eligible recipient of the offer of a grant and shall require the recipient to accept or decline the offer in writing within a stated time. Notes Haw. Code R. § 20-41-13 [Eff. JUN 22 1981] (Auth: HRS § 305H-2) (Imp: HRS §…

Beginning with the fall 1977 semester or its equivalent, the directors of financial aids shall submit to the administrative officer a list of all recipients of a grant under this program and the amount of the grant. Such a list shall be submitted one month before the end of each …

The term of a Hawaii student incentive grant is for a period of one academic year or semester or the equivalent; provided that, for any grant for greater than a semester or its equivalent, the recipient continues to be eligible for such a grant. A grant may be renewed to a total …

The administrative officer and the directors of financial aids shall conform to federal and State statutes and rules regarding the disbursement of a grant. Payment of a grant shall be made on behalf of the recipient of a grant to the eligible institution at which the recipient is…

If a recipient withdraws from an eligible institution or otherwise becomes ineligible for enrollment, no refund of tuition paid in behalf of the recipient shall be made to the recipient. The refund, if any, shall be made to the sources from which original payment was made. Refund…

A recipient of a Hawaii student incentive grant, who for emergency or extraordinary reasons (as determined by the directors of financial aids, not including academic reasons) must leave the eligible institution during the academic year, will be considered for renewal of the grant…

The administrative officer may request the directors of financial aids to participate in appropriate and necessary administrative activity associated with but not limited to the determination of recipients of grants, notification of eligible students of grants offered, payment of…

The purpose of these rules is to establish guidelines for awarding grants to eligible students under this grant program, and to establish guidelines for the administration of this grant program as it affects the public. Notes Haw. Code R. § 20-41-2 [Eff. JUN 22 1981] (Auth: HRS §…

The administrative officer and the director of financial aids of the eligible institution shall maintain proper fiscal records for the Hawaii student incentive grant program. Such records shall conform to the State and federal requirements for such records in order that the commi…

An applicant for a Hawaii student incentive grant program award, who intentionally or wilfully misrepresents any fact upon any form or document intended for use in determination of the eligibility of such an applicant for receipt of such an award, who intentionally or wilfully mi…

Should the administrative officer have reasons to believe a recipient of a grant has misrepresented any information for the purpose of receiving a grant or violated any other provision of these rules, the administrative officer shall take or allow for the actions provided in sect…

(a) The administrative officer shall dispatch by registered mail or hand delivery a letter to the last known local address of the recipient, in which is stated the following:(1) The facts which have become known to the administrative officer which have led to the conclusion that …

The administrative officer upon receipt of the formal written appeal from a recipient of a grant shall do the following: (1) Within ten calendar days, appoint a hearing officer from among the directors of financial aids, excluding the director of financial aids of the institution…

(a) The hearing shall be of an informal nature and need not adhere strictly to technical rules followed by the courts of law. (b) Open hearings will be held or, upon request of the recipient, restricted open hearings or closed hearings will be held. Public attendance at a restric…

(a) Within a reasonable period of time after the completion of the hearing, the hearing officer shall issue findings of fact, conclusions of law, and a decision. (b) The hearing officer within a reasonable time by certified mail or hand delivery shall in writing notify the recipi…

As used in this chapter: "Academic year" means a period of time, usually eight or nine months, during which a full-time student would normally be expected to complete two semesters of instruction or its equivalent. "Administrative officer" means the administrative officer of the …

The commission delegates the authority to administer the Hawaii student incentive grant program to the administrative officer of the commission and an authorized designee in accordance with these rules. Notes Haw. Code R. § 20-41-4 [Eff. JUN 22 1981] (Auth: HRS § 305H-2) (Imp: HR…

If any provision of these rules is held to be unconstitutional, the remaining rules, wherever possible, shall be severable from them. Notes Haw. Code R. § 20-41-5 [Eff. JUN 22 1981] (Auth: HRS § 305H-2) (Imp: HRS § 305H-2)

A student who is a resident shall be eligible to be considered for a Hawaii student incentive grant unless that student: (1) Is not eligible for a Pell grant under title IV, part A, section 411, of the Higher Education Act of 1965, as amended by P.L. 92-318, 20 U.S.C. 1001 et seq…

The directors of financial aids shall require each Hawaii student incentive grant applicant to submit evidence of substantial financial need by providing all of the following: (1) The student eligibility report which is resultant of the federal basic educational opportunity grant…

The administrative officer shall conform to all federal and State constitutions, statutes, and rules and regulations when providing for the required matching funds. No funds appropriated by the legislature of the State shall be used to match a grant made to an eligible student at…

(a) Distribution to participating eligible institutions of the original allocation of federal state student incentive grant program funds for each academic year shall be made in accordance with the following formula:(1) For each participating eligible institution, obtain ten perc…

Notes Haw. Code R. § 20-42-1 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018

Notes Haw. Code R. § 20-42-10 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018

Notes Haw. Code R. § 20-42-11 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018

Notes Haw. Code R. § 20-42-12 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018

Notes Haw. Code R. § 20-42-13 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018

Notes Haw. Code R. § 20-42-14 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018

Notes Haw. Code R. § 20-42-15 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§1099a - 1099a - 3 and 1232g; 34 C.F.R. Part 667; 34 C.F.R. §§99.1 - 99.67) Rep3/18/2018

Notes Haw. Code R. § 20-42-2 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018

Notes Haw. Code R. § 20-42-3 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018

Notes Haw. Code R. § 20-42-4 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018

Notes Haw. Code R. § 20-42-5 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018

Notes Haw. Code R. § 20-42-6 [Eff. JUL 24 1995] (Auth: HRS §§ 305H-2, 91-2) (Imp: HRS chapter 305H, Part II; 20 U.S.C. §§ 1099a-1099a-3; 34 C.F.R. Part 667 ) Rep3/18/2018