NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the University of Hawai’i (the "University") will hold a public hearing, pursuant to Chapter 91, Hawai’i Revised Statutes ("HRS"), to consider the following:
1. Simultaneous repeal of Title 20, Chapter 1, Hawai’i Administrative Rules ("HAR"), entitled "Rules of Practice and Procedure", and adoption of Chapter 20-1.1, "Rules of Practice and Procedure";
2. Amendments to Title 20, Chapter 8, HAR, entitled "State Higher Education Loan Fund";
3. Amendments to Title 20, Chapter 10, HAR, entitled "Delinquent Financial Obligations"; and
4. Amendments to Title 20, Chapter 12, HAR, entitled "Parking and Operation of Motor Vehicles".
HEARING DATE, TIME AND PLACE:
DATE: Thursday, October 19, 2017
TIME: 9:30 a.m.
PLACE: University of Hawai’i at Manoa
Information Technology Center
2520 Correa Road, 1st Floor Conference Room 105A/B
Honolulu, Hawai’i 96822
or as soon thereafter as those interested may be heard.
The proposed actions are summarized below:
1. Simultaneous repeal of Chapter 20-1 and the adoption of Chapter 20-1.1, entitled "Rules of Practice and Procedure"
Chapter 20-1 is the University’s rules of practice and procedure. The University proposes to repeal the current Chapter 20-1 and adopt Chapter 20-1.1. The proposed adoption of Chapter 20-1.1 would (1) retain certain portions of the existing Chapter 20-1, (2) update other portions of Chapter 20-1 to ensure compliance with HRS Chapter 304A, the Bylaws of the Board of Regents of the University of Hawai’i (as of October 1, 2015), and/or current practice, and (3) clarify any potential ambiguities in certain portions of the existing Chapter 20- 1. For example, Chapter 20-1.1 will clarify that, when rules are being promulgated, the rulemaking hearing is to be presided over by "the chairperson of the board or by the chairperson’s designated representative", as opposed to the entire Board of Regents. Further, Chapter 20-1.1 seeks to provide a more user-friendly set of rules of practice and procedure to the public by amending, rearranging, renumbering, and re-categorizing various provisions of Chapter 20.1.
2. Amendments to Chapter 20-8, entitled "State Higher Education Loan Fund"
The current Chapter 20-8 was promulgated pursuant to HRS §§ 304-91 through -95 (governing student loan assistance program), the predecessor of the current HRS §§ 304A-601 through -604 and §304A-2160. The proposed amendments would update Chapter 20-8 to align it with the statutory requirements of the state higher education loan program and update HRS citations contained in Chapter 20-8 to the current HRS.
3. Amendments to Chapter 20-10, entitled "Delinquent Financial Obligations"
Chapter 20-10 provides the procedures for collection of delinquent financial obligations owed to the University and the imposition of sanctions, and sets forth guidelines for the retention of the state income tax refund or any other sum due from the State of Hawai’i to a person who owes a debt to the University. The current Chapter 20-10 assigns to the office of the Senior Vice President for Administration the role of administering delinquent financial obligation appeals. However, such position no longer exists and this has caused uncertainty about which office should be handling delinquent financial obligation appeals under Chapter 20-10. The proposed amendments would clarify that the responsibilities for administering delinquent financial obligation appeals rest with the Vice President for Budget and Finance/Chief Financial Officer’s office, as well as remove/amend outdated information.
4. Amendments to Chapter 20-12, entitled "Parking and Operation of Motor Vehicles"
Chapter 20-12 governs traffic and parking and the enforcement of such rules by imposing fines. In its current form, Chapter 20-12 provides separate subchapters for parking and traffic regulations at seven campuses (University of Hawai’i at Manoa, University of Hawai’i at Hilo, Honolulu Community College, Kapi’olani Community College, Leeward Community College, Kaua’i Community College, and Maui Community College).
The proposed amendments to Chapter 20-12 will (1) repeal those rules pertaining to the management and operation of the parking function at the campus levels, e.g., procedures for obtaining parking permits, general rules for permit holders, appeal processes for students and employees, and parking rates, and include them in an amended version of the current Regent Policy 10.207 and in campus policies and procedures, and (2) retain those rules required by law or affecting the larger public, including appeal of parking and traffic citations by the general public and fines for violation of Chapter 20-12, and consolidate them into one set of rules applicable to all University campuses. The amendments continue to provide implementation of HRS §304A- 2601, governing parking, through a combination of HARs and University policies and procedures, while also providing the University with increased control over its parking operations, allowing full transparency in the rate-setting process, and confirming that campuses maintain responsibility and authority for their respective parking operations.
All interested persons may attend the public hearing and submit comments orally or in writing. Written testimony may be submitted in advance via email to UHHAR@hawaii.edu or one (1) copy via US Mail within seven (7) business days prior to the hearing date to:
UH System Government Relations Office
2444 Dole Street, Bachman Hall 109J
Honolulu, Hawai’i 96822
If testimony is submitted the day of the hearing, an original and fourteen (14) copies of written testimony are requested to be presented to the presiding officer.
The proposed rules are available for review on the University’s website at https://www.hawaii.edu/offices/bor/adminrules/proposed.html, or in person at the UH System Government Relations Office located at the University of Hawai’i at Manoa, 2444 Dole Street, Bachman Hall 109J, Honolulu, Hawai’i 96822, Monday through Friday between the hours of 9:00 a.m. – noon and 1:30 p.m. – 4:00 p.m. and at regional public libraries.
Copies of the proposed rules may also be mailed to any interested person upon advance payment of the following copying and postage costs:
Chapter 20-1: $2.35
Chapter 20-8: $1.64
Chapter 20-10: $2.55
Chapter 20-12: $6.60
Requests for mailed copies of the proposed rules should be sent in writing to the UH System Government Relations Office at the address noted above or by calling (808) 956-4250.
Requests to hold a public hearing on a neighbor island should be sent in writing to the UH System Government Relations Office at the address noted above no later than five (5) business days prior to the hearing date. If such written request is received, the Board of Regents may hold the hearing.
Accommodation required by law for Persons with Disabilities requires at least five (5) business days prior notice to the UH System Government Relations Office at (808) 956-4250 or scskim@hawaii.edu.
David Lassner
President, University of Hawai’i
(SA1028929 9/18/17)
