§305J-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]