(a) Any unaccredited institution with a presence in the State shall designate and continuously maintain an agent in this State authorized to accept service of process on behalf of the institution and shall transmit to the director the name, address, and telephone number of the agent so designated in a manner prescribed by the director. The designated agent shall be an agent of the unaccredited institution for service of any process, notice, or demand required or permitted by law to be served upon the unaccredited institution.
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Terms Used In Hawaii Revised Statutes 446E-4

  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 446E-1
  • Presence: means offering courses, programs, or degrees or maintaining a campus, or an administrative, corporate, or other address in this State. See Hawaii Revised Statutes 446E-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Unaccredited institution: means a degree granting institution that is not accredited or a candidate for accreditation by at least one nationally recognized accrediting agency that is listed by the United States Secretary of Education. See Hawaii Revised Statutes 446E-1
(b) If an unaccredited institution fails to appoint or maintain an agent for service of process in this State or the agent for service of process cannot with reasonable diligence be found at the agent’s address, service of process may be made upon the unaccredited institution by registered or certified mail, return receipt requested, addressed to the unaccredited institution at the most recent address listed in the records of the director.
(c) Service by registered or certified mail shall be effected under subsection (b) at the earliest of:

(1) The date the unaccredited institution receives the process, notice, or demand;
(2) The date shown on the return receipt, if signed on behalf of the unaccredited institution; or
(3) Five days after its deposit in the mail, if mailed postpaid and correctly addressed.
(d) This section shall not affect the right to serve process, notice, or demand in any other manner provided by law.

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