NOTICE OF REPEAL OF ADMINISTRATIVE RULE

NOTICE IS HEREBY GIVEN that the University of Hawaii (the “University”) intends to repeal the following chapters in Hawaii Administrative Rules (“HAR”) Title 20, pursuant to Hawaii Revised Statutes (“HRS”) Chapter 91, subsection 91-3(f), effective as of May 14, 2018, or as soon thereafter as the repeal can be filed with the Office of the Lieutenant Governor and become effective:

Chapter 20-2, “Statement on Rights and Responsibilities of the University of Hawaii Community,” sets forth the purpose of the University, i.e., “to pursue the truth through teaching, learning, and research, all in an atmosphere of freedom of body and mind.” HAR § 20-2-1. Chapter 20-2 goes on to proscribe broadly the categories of impermissible behavior applicable to members of the academic community, which include staff, faculty and students and requires each campus to adopt its own mediation and hearing procedures. The University seeks to repeal Chapter 20-2 because it is not required by law. HRS § 304A-105 specifically confers upon the BOR the power to manage and control the general affairs and the “exclusive jurisdiction over the internal structure, management, and operation of the university”. As such, the protection of the University’s purposes is more appropriately governed by the establishment of BOR policies and executive policies and procedures. Indeed, there are existing policies governing a wide range of impermissible conduct and complaint procedures.

Chapter 20-5, “Tuition Schedules,” states that the tuition schedules shall be set forth in BOR policies and available for public inspection. Chapter 20-5 is not required by statute and is unnecessary given that the University has a policy governing tuition schedules. Regent Policy (“RP”) 6.202, entitled “Tuition”, available at http://www.hawaii.edu/policy/docs/temp/rp6.202.pdf, states that the tuition schedules covering all institutions and selective programs are to be located in executive policy. In turn, Executive Policy (“EP”) 6.201, “Tuition Schedules”, available at http://www.hawaii.edu/policy/index.php?action=viewPolicy&policySection=ep&policyChapter=6&policyNumber=201&menuView=closed, makes available to the public the tuition schedules covering all University institutions and selective programs.

Chapter 20-6, “Tuition Waivers,” establishes the tuition waiver program to facilitate access to the University by students with financial need, with priority to Hawaii residents. Therein, the BOR delegates the authority to implement and administer the tuition waiver program to the President and the President’s authorized designees. Chapter 20-6 is not required by statute. Indeed, HRS § 304A-502 confers upon the BOR or its designated representatives, the authority to grant, modify, or suspend tuition waivers. Chapter 20-6 is not necessary and is more appropriately governed by the establishment of BOR policies and executive policies and procedures. See RP 6.207, “Exemption from Tuition and Other Fees”, available at http://www.hawaii.edu/policy/index.php?action=viewPolicy&policySection=rp&policyChapter=6&policyNumber=207&menuView=closed; RP 6.208, “Board Exemptions to Non-Resident Tuition”, available at http://www.hawaii.edu/policy/docs/temp/rp6.208.pdf.

Chapter 20-15, “Fees of the University of Hawaii,” establishes user fees for services provided by various programs at the University. Specifically, Chapter 20-15 governs (1) agricultural diagnostic services user fees and (2) application fees for the graduate division, law school and medical school. This chapter is not required by statute. HRS § 304A-401 confers upon the BOR the authority to charge “other fees for special programs of instruction, as well as laboratory fees, course fees, fees for student activities, and an information technology user fee.” HRS § 304A-2672(5) further provides that the BOR may “prescribe and collect rents, fees, and charges for the use of or services furnished by any university project and the facilities thereof.” Consistent with these statutory directives, the BOR sets forth procedures for the establishment of tuition, fees, and other charges through its policies. See RP 6.201, “Authority to Set Tuition and Fees”, available at http://www.hawaii.edu/policy/docs/temp/rp6.201.pdf; RP 6.203, “Fees”, is available at http://www.hawaii.edu/policy/docs/temp/rp6.203.pdf and its corresponding Attachment 1, which further specifies the BOR approved fees, is available at http://www.hawaii.edu/policy/docs/temp/RP_6.203_Attachment_1_non_sub_rev_06_01_17.pdf.

Chapter 20-18, “Student Housing,” establishes guidelines for student housing rental rates to be assessed at the University of Hawaii at Manoa, University of Hawaii at Hilo, and Maui College. The University seeks to repeal Chapter 20-18 because Chapter 20-18 is not required by statute and in any event is outdated given that Maui College no longer has student housing. HRS § 304A-2672(5) provides that the BOR may “prescribe and collect rents, fees, and charges for the use of or services furnished by any university project and the facilities thereof.” HRS § 304A-2681 also allows the BOR to “impose and collect rates, rents, fees, and charges for the use or enjoyment and services of the facilities of each university project, and shall revise rates, rents, fees, and charges whenever necessary”. Consistent with the above statutory directives, the University has policies governing student housing. See RP 7.205, “Student Housing”, available at http://www.hawaii.edu/policy/index.php?action=viewPolicy&policySection=rp&policyChapter=7&policyNumber=205&menuView=closed.

Chapter 20-21, “Fees of the University of Hawaii System Libraries,” establishes user fees for all University library services, including the University Library External Services Program and the University of Hawaii Library Community Borrower Card. The University seeks to repeal Chapter 20-21 because it is not required by statute. HRS § 304A-2672(5) provides that the BOR may “prescribe and collect rents, fees, and charges for the use of or services furnished by any university project and the facilities thereof.” HRS § 304A-2681 also allows the BOR to “impose and collect rates, rents, fees, and charges for the use or enjoyment and services of the facilities of each university project, and shall revise rates, rents, fees, and charges whenever necessary”. In other words, the administration of user fees for all University libraries’ services is more appropriately governed by the establishment of BOR policies and executive policies and procedures. In fact, there is existing policy governing library services and fees. RP 5.216, available at http://www.hawaii.edu/policy/index.php?action=viewPolicy&policySection=rp&policyChapter=5&policyNumber=216&menuView=closed, establishes a policy regarding university library rules, regulations and fees. Further, Chapter 20-21 is also outdated. The University libraries no longer offer the Library External Services Program. Recently, the University administration has repealed EP 2.208 and Administrative Procedure 6.100 as they relate to the University of Hawaii Library External Services Program.

Chapter 20-22, “Waikiki Aquarium Fees,” establishes a schedule of fees for the Waikiki Aquarium admission, rentals, and educational services. The University seeks to repeal Chapter 20-22 because it is not required by statute. HRS § 304A-1653 authorizes the BOR to charge the public a fee for admission to the Waikiki Aquarium and for the use of Waikiki Aquarium facilities and programs. In so authorizing, the legislature specifically exempts the establishment of fees from the public notice, public hearing, and gubernatorial approval requirements of Chapter 91 and provides that “fees may be established at an open public meeting subject to the requirements of chapter 92”. HRS § 304A-1653. Consistent with the statutory requirement, in 2004 and 2012, increases in the Waikiki Aquarium admission fees were submitted to the BOR for approval at open public meetings. Those increases were approved, and the general public was then informed of such fee increases through the Waikiki Aquarium website, https://www.waikikiaquarium.org/.

Chapter 20-23, “UH Special Events Arena Admission Fees and Charges,” establishes a schedule of admission fees and charges to be assessed spectators of athletic events held at the University special events arena (now known as the Stan Sheriff Center). This chapter is not required by statute. HRS § 304A-2672(5) provides that the BOR may “prescribe and collect rents, fees, and charges for the use of or services furnished by any university project and the facilities thereof.” HRS § 304A-2681 also allows the BOR to “impose and collect rates, rents, fees, and charges for the use or enjoyment and services of the facilities of each university project, and shall revise rates, rents, fees, and charges whenever necessary”. Accordingly, the administration of the University special events arena admission fees and charges is more appropriately governed by the establishment of BOR policies and executive policies and procedures. Indeed, there are existing policies governing the Stan Sheriff Center. In RP 6.203, the BOR established certain fees, including athletic admission fees and charges to athletic events and authorizes the President to make adjustments to the fee rate once established by the BOR. The public is informed of the admission fees and charges to athletic events through the University of Hawaii at Manoa Athletics Department website, available at http://www.hawaiiathletics.com/sports/2008/7/3/ticket_pricing.aspx. Further, EP 10.202, “University of Hawaii at Manoa Stan Sheriff Center Use Policy”, available at http://www.hawaii.edu/policy/index.php?action=viewPolicy&policySection=ep&policyChapter=10&policyNumber=202&menuView=closed, establishes the conditions governing the use of the Stan Sheriff Center on the University of Hawaii at Manoa campus by University and University affiliated organizations.

The full texts of HAR Chapters 20-2, -5, -6, -15, -18, -21, -22, and -23 are available on the University’s website at http://www.hawaii.edu/offices/bor/adminrules/. The full text of the above HAR chapters may also be viewed Monday through Friday between the hours of 9:00 a.m. – noon and 1:00 p.m. – 4:00 p.m, until April 27, 2018, at the UH System Government Relations Office located at the University of Hawaii at Manoa, 2442 Campus Road, Administrative Services Building 1-101, Honolulu, Hawaii 96822, and at regional public libraries.

David Lassner
President, University of Hawaii
(SA1083027 3/23/18)