§305J-1 Post-secondary education authorization program; establishment. There is established a post-secondary education authorization program within the department of commerce and consumer affairs, to be administered by the director of commerce and consumer affairs. [L 2013, c 180, pt of §2]
§305J-10 Reauthorization. (a) A private college or university that is authorized pursuant to section 305J-8 and maintains its accreditation shall apply to the department for reauthorization every two years. A private college or university that has its accreditation reaffirmed without sanction and continues to demonstrate its compliance with section 305J-14, shall otherwise be presumed to […]
§305J-11 Grounds for refusal to reauthorize, reinstate, or restore and for revocation, suspension, probation, or denial; condition of authorization or sanctions. (a) In addition to any other acts or conditions provided by law, the director may refuse to reauthorize, reinstate or restore, or may deny, revoke, suspend, or condition in any manner, including but not […]
§305J-11.5 Opportunity for administrative hearing. An institution may, within fifteen days of the receipt of notification of denial or of intent to suspend or terminate any authorization, request an administrative hearing for review pursuant to chapter 91. [L 2015, c 34, §1]
§305J-12 Requirements to maintain authorization. (a) Authorization by the director shall be conditioned on the maintenance of accreditation by the institution and compliance with section 305J-14. Authorization shall be automatically suspended effective as of the date of the cancellation or expiration of accreditation or the cancellation or expiration of the surety bond if a surety […]
§305J-13 Deposit of records upon discontinuance. (a) If a private college or university, seminary, or religious training institution under the jurisdiction of the department ceases operating within the State, the institution, its owner, or the owner’s designee, and its governing board shall be jointly and severally liable to deposit with the department the institution’s educational […]
§305J-14 Financial integrity; surety bond. (a) A private college or university shall provide evidence of financial integrity at the time of its application for authorization. A private college or university may demonstrate financial integrity by meeting the criteria specified in [subsection] (b), (c), or (d). (b) A private college or university may demonstrate financial integrity […]
§305J-15 Claims against a private college or university; cessation of operation; alternative enrollment. (a) A student or enrollee, or a parent or legal guardian of the student or enrollee, who claims loss of tuition or fees as a result of cessation of operations may file a claim with the department if the claim results from […]
§305J-16 Reciprocity. The director may enter into any post-secondary education authorization reciprocity agreement; provided that the authorization standards of the reciprocity agreement shall be comparable to or exceed the authorization requirements of this chapter and any applicable administrative rules. [L 2013, c 180, pt of §2]
§305J-17 Complaints; injunctive proceedings. (a) A student or former student of the University of Hawaii system, a private college or university, seminary, or religious training institution may file a complaint with the department concerning the institution at which the student is or was enrolled; provided that if a former student files a complaint, the complaint […]
§305J-18 Fees; public hearing. (a) An institution applying for authorization shall pay $10,000 to the department upon application for authorization under this chapter and every two years thereafter upon application for reauthorization. (b) The director may assess fees as provided in this chapter and, notwithstanding any other law to the contrary, may change the amount […]
§305J-19 Post-secondary education authorization special subaccount. (a) All moneys collected pursuant to section 305J-18 shall be deposited into the post-secondary education authorization special subaccount of the compliance resolution fund established pursuant to section 26-9(o). (b) Any law to the contrary notwithstanding, the moneys in the special subaccount shall be used to fund the operations of […]
§305J-2 Definitions. Whenever used in this chapter, unless the context otherwise requires: “Accredited” means holding an institutional accreditation by name to offer post-secondary education as a United States-based institution from a regional or national accrediting agency recognized by the United States Department of Education. “Alternative enrollment” means the opportunity for a student enrolled in a […]
§305J-20 Candidates for accreditation; requirements; sanctions. (a) A candidate for accreditation shall: (1) Provide an accreditation plan that, at a minimum, identifies an accrediting agency recognized by the United States Department of Education from which the candidate will seek accreditation, covers the offering of at least one degree program, and outlines the process by which […]
§305J-3 Applicability of chapter; exceptions. (a) This chapter shall not apply to: (1) Schools or educational programs conducted by firms, corporations, or persons for the training of their own employees; (2) Apprenticeship or other training programs provided by labor unions to union members or applicants for union membership; (3) Schools or educational programs that provide […]
§305J-4 Authorization of the University of Hawaii system. The University of Hawaii system, established as an educational institution pursuant to article X, section 5, of the Hawaii State Constitution, is hereby authorized by the State to provide educational programs in and from this State. The University of Hawaii system shall be subject to section 305J-17. […]
§305J-5 Powers and duties of the director. (a) The director shall: (1) Unless otherwise provided by law, adopt, amend, and repeal rules pursuant to chapter 91 to carry out the purposes of this chapter; (2) Adopt policies and procedures as necessary, without regard to chapter 91, for reauthorization pursuant to section 305J-10; (3) Issue declaratory […]
§305J-6 Department’s powers and authority. (a) The department shall administer the provisions of this chapter and any administrative rules, policies, and procedures adopted by the director. (b) To administer this chapter, the department shall: (1) Maintain a list of the private colleges or universities, seminaries, and religious training institutions that have been authorized and make […]
§305J-7 Awarding degrees. (a) A person, partnership, corporation, company, society, or association with a physical presence in the State shall not award, bestow, confer, give, grant, convey, or sell to any other person a degree or honorary degree upon which is inscribed, in any language, the word “associate”, “bachelor”, “baccalaureate”, “post-baccalaureate”, “master”, or “doctor”, or […]
§305J-8 Authorization to operate in the State; private college or university. (a) To operate in the State, a private college or university shall: (1) Be party to a reciprocity agreement to which the State is a member; or (2) Apply for, on a form prescribed by the department, and receive authorization from the director; provided […]
