Deposit of records upon discontinuance
HRS §305J-13
in effect305J-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 records requested by the department in a form to be prescribed by the director.
(b)
If the director determines that the records of a
private college or university, seminary, or religious training
institution that ceases operating within the State are in
danger of being destroyed, secreted, mislaid, or otherwise made unavailable to
the department, the director may seek a court order
authorizing the department to seize or take possession of the records
and seek additional relief as may be appropriate.
(c)
The director or the department of the attorney general may enforce this section by filing a request for
an injunction with a court of competent jurisdiction.
(d)
The department shall permanently retain any student transcripts received
pursuant to this section in a form prescribed by the director. The department
shall retain any other records requested and obtained pursuant to this section
for a time period prescribed by the director; provided that at the time of
disposal, the department shall dispose of the records in a manner that will
adequately protect the privacy of any personal information included in the
records.
(e) For the purposes of this section,
"private college or university" shall not include public,
out-of-state institutions.
(f) Nothing in this section shall prohibit the
department from contracting with any third party for the storage and
maintenance of any records required to be deposited with the department
pursuant to this section.
[L 2013, c 180, pt of §2; am
L 2016, c 143, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0305J/HRS_0305J-0013.htmFetched: 11/10/2026