(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.
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Terms Used In Hawaii Revised Statutes 305J-13

  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 305J-2
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 305J-2
  • Governing board: means the elected or appointed group of persons that oversees and controls a private college or university, seminary, or religious training institution. See Hawaii Revised Statutes 305J-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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. See Hawaii Revised Statutes 305J-2

  • 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. See Hawaii Revised Statutes 305J-2
  • 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. See Hawaii Revised Statutes 305J-2
(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.

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