Definitions
HRS §305J-2
in effect305J-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 private
college or university that ceases operation to meet the student's educational
objectives through education provided by another authorized private college or
university, the University of Hawaii system, an area vocational school, or any
other educational arrangement acceptable to the director.
"Authorization"
means the authorization granted to a private college or university, seminary, or religious training institution as
provided in this chapter and any applicable rules and policies. Authorization
is not an endorsement by the department.
"Candidate for accreditation" or
"candidate" means a degree-granting institution that has submitted an
application for accreditation to a regional or national accrediting agency
recognized by the United States Department of Education; provided that the
application has been accepted pursuant to the accrediting agency's application
requirements and is pending approval by the accrediting agency.
"Degree" means a
statement, diploma, certificate, or other writing in any language that
indicates or represents, or is intended to indicate or represent, that the
person named thereon is learned in or has satisfactorily completed a prescribed
course of study in a particular field of endeavor or that the person named
thereon has demonstrated proficiency in a field of endeavor as a result of
formal preparation or training.
"Department"
means the department of commerce and consumer affairs.
"Director" means
the director of commerce and consumer affairs.
"Enrollment
agreement" means the contract prepared by a private college or university, seminary, or religious training institution that a
student signs to indicate agreement to the terms of admission, delivery of
instruction, and monetary terms as outlined in the private college, university,
seminary, or religious training institution's student handbook or catalog.
"Governing
board" means the elected or appointed group of persons that oversees and
controls a private college or university, seminary, or
religious training institution.
"Home
state" means the state in which the institution
holds its principal accreditation.
"Honorary
degree" means a statement, diploma, certificate, or other writing in any
language that indicates or represents, or that is
intended to indicate or represent, that the person named thereon is learned in
a field of public service or has performed outstanding public service or that the person named thereon has
demonstrated proficiency in a field of endeavor without having completed formal
courses of instruction or study or formal preparation or training.
"Out-of-state
public institution" means an institution of higher education that is
established by a government entity in a state other
than Hawaii.
"Owner"
means:
(1) An individual, if a private for-profit college or
university is structured as a sole proprietorship;
(2) Partners, if a private for-profit college or
university is structured as a partnership;
(3) Members in a limited liability company, if a
private for-profit college or university is structured as a limited liability
company; and
(4) Shareholders in a corporation that hold a
controlling interest, if a private for-profit college or university is
structured as a corporation.
"Physical
presence" means:
(1) Having a physical location in the State, where
students receive synchronous or asynchronous instruction; or
(2) Establishing an administrative office in the
State in order to:
(A) Provide information to prospective
students, enrolling students, or the general public about the institution;
(B) Provide services to enrolled students;
(C) Provide office space for instructional or
non-instructional staff; and
(D) Maintain an institutional mailing
address, street address, or telephone number in the State.
"Private
college or university" means a nonpublic post-secondary
education institution having a physical presence in the State that offers associate, baccalaureate, post-baccalaureate, master's,
or doctoral degrees or diplomas. For purposes of the requirements of
this chapter, an out-of-state public institution shall be considered as a
private college or university.
"Provisional
authorization" means authorization of a candidate for accreditation for no
more than a five-year period, unless an extension is granted by the director
for good cause, while the candidate for accreditation seeks to satisfy the requirement
for institutional accreditation; provided that no provisional authorization
shall be given for more than a ten-year period.
"Seminary"
or "religious training institution" means a bona fide religious
post-secondary educational institution that has a physical presence in the
State, that is exempt from property taxation under the laws of the
State, and that offers associate, baccalaureate,
post-baccalaureate, master's, or doctoral degrees or
diplomas.
"Unaccredited
post-secondary educational institution" means a degree-granting institution that is not accredited or a candidate for
accreditation by at least one accrediting agency recognized by the United
States Department of Education.
"University
of Hawaii system" means the post-secondary educational institution,
including all campuses and community colleges, established and existing
pursuant to article X, section 5, of the Hawaii State
Constitution and chapter 304A.
[L 2013, c 180, pt of §2;
am L 2017, c 4, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0305J/HRS_0305J-0002.htmFetched: 11/10/2026