Agency Information

Guide Topics

Agency Contact

Jayson Horiuchi
808-586-7327
jhoriuch@dcca.hawaii.gov

Secretary of State Contact

Contact: Commissioner of Securities at the Department of Commerce & Consumer Affairs
808.586.2727
breg@dcca.hawaii.gov

Topic 1: Important Agency Information to Note

Provide important web links:

What types of institutions are subject to this agency’s authority? Indicate the types of institutions that your agency authorizes.

  • Note: Some agencies may refer to out-of-state public institutions as “private colleges” in their law.  If this is the case for your agency, please select “public, out-of-state degree granting institutions” for purposes of this Guide so that the out-of-state public institution will find appropriate information.
  • Note: If your agency is a coordinating board, your agency may have one division with some authority such as program approval over in-state public institutions that are established per statute, which is structured differently than another division of your agency with state authorization authority over non-public institutions that they “license” pursuant to different statute(s).

_____     Public, in-state degree granting institutions
_X___    Public, out-of-state degree granting institutions
_X___    Private, in-state, not-for-profit degree granting institutions
_X___    Private, out-of-state, not-for-profit degree granting institutions
_X___    Private, in-state, for-profit degree granting institutions
_X___    Private, out-of-state, for-profit degree granting institutions
____      Public, in-state, non-degree granting institutions
____      Public, out-of-state, non-degree granting institutions
____      Non-degree, not-for profit institutions
____      Non-degree, for-profit institutions
_X___    Religious institutions
____      Tribally-controlled institutions
_____    Federal Institutions
_____    Municipal institutions

Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

  • For example, an agency may require an institution apply for licensure for institutional approval and also require the institution to apply for specific program(s) approval.

_X___ Institution

_____ Program

_____ Both

Clarifying comments:

Public in-state degree-granting institutions are already authorized per statute. Regarding religious institutions: Those which offer more than just religious degrees are authorized by HPEAP.

Topic 2: Authorization of Distance Education

Does your agency require exclusively online offerings offered by out-of-state institutions to be authorized?

No

Clarifying comments

No response provided

Topic 3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education

Is accreditation by an accrediting agency recognized by the U.S. Department of Education required for an institution to be authorized in your state?

Yes

If yes, please check all that apply as appropriate. Accreditation by an accrediting agency recognized by the U.S. Department of Education required for:

_X___ Public, out-of-state degree granting institutions
_X___ Private, in-state, not-for-profit degree granting institutions
_X___ Private, out-of-state, not-for-profit degree granting institutions
_X___ Private, in-state, for-profit degree granting institutions
_X___ Private, out-of-state, for-profit degree granting institutions
_____ Public, in-state, non-degree granting institutions
_____ Public, out-of-state, non-degree granting institutions
_____ Non-degree, not-for profit institutions
_____ Non-degree, for-profit institutions
_____ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

Clarifying comments:

Institutional accreditation is required, whether regional or national.

However, religious institutions are not required to be accredited.

Topic 4: Physical Presence Policy

If your agency uses a physical presence standard, how does your agency define physical presence? Include sample triggers.

http://cca.hawaii.gov/hpeap/

Web link for physical presence definition.

https://cca.hawaii.gov/wp-content/uploads/2018/02/HRS-Chapter-305J-2017.pdf

https://cca.hawaii.gov/wp-content/uploads/2013/07/255-C.pdf

Does a virtual clinical / internship trigger the requirement for authorization with your agency?

No response provided

Does a faculty member residing in your state and teaching an online course trigger the requirement for authorization with your agency?

No response provided

Does advertising targeted to residents of your state trigger the requirement for authorization with your agency?

No response provided

Does having an administrative site in your state trigger the requirement for authorization with your agency?

No response provided

Does having a recruiter in your state trigger the requirement for authorization with your agency?

No response provided

Clarifying comments:

No response provided

Topic 5: Application Process

Please provide a short description of the application process to obtain state authorization.

ESTABLISHING A LOCATION IN HAWAII:

If you are accredited by an accrediting agency recognized by the U.S. Department of Education, please review the information on our website and do a preliminary consultation with HPEAP (hpeap@dcca.hawaii.gov). You should allow at least 90 days for your application to be reviewed. You should not be enrolling students in a new program to be held in Hawaii until you obtain approval.

http://cca.hawaii.gov/hpeap/

http://cca.hawaii.gov/hpeap/forms/institution-forms/

If you are not accredited, you must be in compliance with the provisions of HRS Chapter 446E. Please visit http://cca.hawaii.gov/ocp/udgi/ and consult with the Office of Consumer Protection (ocp@dcca.hawaii.gov). If you are in compliance with HRS Chapter 446E and have begun the accreditation process with an accrediting agency, you may consult with HPEAP about applying for provisional authorization.

Web link for application.

https://cca.hawaii.gov/hpeap/files/2020/10/HPEAP-Private-College-Authorization-App-2020.pdf

https://cca.hawaii.gov/hpeap/files/2020/11/HPEAP-Seminary-Authorization-App-2020.pdf

Clarifying comments:

No response provided

Topic 6: Fees Associated with Authorization

Is there an application fee associated with the authorization process?

Yes

If yes, what is the fee or fee schedule?

$10,000 biennially for institutions with enrollment of 100 or less

$19,000 biennially for all other institutions

Web link for fee information.

http://cca.hawaii.gov/hpeap/hpeap-fee-schedule/

Clarifying comments:

No response provided

Topic 7: Surety Bonds

Does your agency require a Surety Bond for authorized out-of-state institutions?

Yes, if it has not been accredited or has not been operating in Hawaii for at least 10 years.

Web link for surety bonds.

https://cca.hawaii.gov/hpeap/files/2017/07/Bond-Form-0717.pdf

Clarifying comments:

Surety bond is required unless they have been continuously operating in Hawaii for at least 10 years and have been accredited for at least 10 years.

Topic 8: Student Tuition Recovery Fund

Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?

No

If yes, for what types of institutions?

No response provided

Web link for student tuition recovery fund.

No response provided

Clarifying comments:

No response provided

Topic 9: Tuition Refund Policy

Does your agency have a Tuition Refund Policy Requirement?

No, institutions must meet or exceed the refund policies required by the U.S. Dept. of Education or the requirements of its accrediting body if they do not participate in federal financial aid programs.

If yes, for what types of institutions?

No response provided

Web link for tuition refund policy.

No response provided

Clarifying comments:

No response provided

Topic 10: Reporting

What kinds of information or data must an institution report to your agency as a condition for continued institutional state authorization?

Institutions must report in writing any disciplinary decision issued against the institution or the applicant in another jurisdiction within 30 days of the disciplinary decision. Institutions must report in writing any change in accreditation status by any accrediting agency. If its ownership changes, institutions must provide material information concerning the transaction at least 30 days prior to the transaction.

How frequently do institutions report data?

No response provided

Is this information shared publicly?

No response provided

Web link for reporting.

No response provided

Clarifying comments:

No response provided

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

Fines, orders of restitution, orders directing correction, revocation, suspension, probation, or conditions on authorization, orders relating to cessation of operations, payment of costs of investigation and legal action.

Web link for enforcement information.

Web link for enforcement information.

See HRS section 305J-11(c):

https://cca.hawaii.gov/wp-content/uploads/2018/02/HRS-Chapter-305J-2017.pdf

Clarifying comments:

No response provided

Topic 12: Student Complaints - Non-SARA Participating Institutions

Please describe the process for handling complaints about non-SARA out-of-state postsecondary institutions or programs? (34 CFR 600.9(a))

For institutions not authorized by HPEAP, the Office of Consumer Protection (OCP) will take in complaints. OCP is a different agency from HPEAP although we are in the same department. OCP takes in complaints about unfair and deceptive acts or practices.

Web link for the non-SARA complaint form.

https://web2.dcca.hawaii.gov/ocpcomplaint/

How does your agency handle a non-SARA complaint from a resident of its state that is against an out-of-state institution that the agency does not authorize?

No response provided

Is the non-SARA process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

For institutions not authorized by HPEAP, the Office of Consumer Protection (OCP) will take in complaints. OCP is a different agency from HPEAP although we are in the same department. OCP takes in complaints about unfair and deceptive acts or practices.

Who is the contact person or entity for your state for receiving non-SARA student complaints?

Title:  No response provided

Agency: Office of Consumer Protection

Address: http://cca.hawaii.gov/ocp/contact/

Email  ocp@dcca.hawaii.gov

Phone: http://cca.hawaii.gov/ocp/contact/

URL:  http://cca.hawaii.gov/ocp/ 

Clarifying comments:

No response provided

Topic 13: Records Retention

When a higher education institution closes, what is the process your state uses to ensure that transcripts/records are kept available?

https://cca.hawaii.gov/wp-content/uploads/2013/07/255-C.pdf

http://cca.hawaii.gov/hpeap/files/2015/09/School-Closure-Policy.pdf

From what agency or entity do students request their transcripts/records from a closed higher education institution?

HPEAP only has records from closed institutions it had authorized. Students should carefully read the information provided in the following link to make sure that HPEAP has those records before submitting an online request form.

Contact website: https://dccabreg.force.com/transcripts/s/

Clarifying comments:

No response provided

Topic 14: Additional Information

Is there anything else about the state authorization process in your state that institutions and others ought to know about?

No response provided

What is your preferred method of communication?

No response provided

 

Please note: There could be additional state agencies with oversight of activities of your institution.