A: Determination of Residency Status for Admission and Tuition Purposes 2011/12 by Kentucky Community and Technical College System

More catalogs by Kentucky Community and Technical College System | A: Determination of Residency Status for Admission and Tuition Purposes 2011/12 | 3 pages | 2018-01-25

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Page 3 of A: Determination of Residency Status for Admission and Tuition Purposes 2011/12

section 10 criteria used in a determination of residency status 1 a a determination of kentucky domicile and residency shall be based upon verifiable circumstances or actions b a single fact shall not be paramount and each situation shall be evaluated to identify those facts essential to the determination of domicile and residency c a person shall not be determined to be a kentucky resident by the performance of an act that is incidental to fulfilling an educational purpose or by an act performed as a matter of convenience d mere physical presence in kentucky including living with a relative or friend shall not be sufficient evidence of domicile and residency e a student or prospective student shall respond to all requests for information regarding domicile or residency requested by an institution 2 the following facts although not conclusive shall have probative value in their entirety and shall be individually weighted appropriate to the facts and circumstances in each determination of residency a acceptance of an offer of full-time employment or transfer to an employer in kentucky or contiguous area while maintaining residence and domicile in kentucky b continuous physical presence in kentucky while in a nonstudent status for the twelve 12 months immediately preceding the start of the academic term for which a classification of kentucky residency is sought c1 filing a kentucky resident income tax return for the calendar year preceding the date of application for a change in residency status or 2 payment of kentucky withholding taxes while employed during the calendar year for which a change in classification is sought d full-time employment of at least one 1 year while living in kentucky e attendance as a full-time nonresident student at an out-of-state institution based on a determination by that school that the person is a resident of kentucky f abandonment of a former domicile or residence and establishing domicile and residency in kentucky with application to or attendance at an institution following and incidental to the change in domicile and residency g obtaining licensing or certification for a professional and occupational purpose in kentucky h payment of real property taxes in kentucky i ownership of real property in kentucky if the property was used by the student as a residence preceding the date of application for a determination of residency status j marriage of an independent student to a person who was domiciled in and a resident of kentucky prior to the marriage and k the extent to which a student is dependent on student financial aid in order to provide basic sustenance 3 except as provided in subsection 4 of this section the following facts because of the ease and convenience in completing them shall have limited probative value in a determination that a person is domiciled in and is a resident of kentucky a kentucky automobile registration b kentucky driver’s license c registration as a kentucky voter d long-term lease of at least twelve 12 consecutive months of noncollegiate housing and e continued presence in kentucky during academic breaks 4 the absence of a fact contained in subsection 3 of this section shall have significant probative value in determining that a student is not domiciled in or is not a resident of kentucky section 11 effect of a change in circumstances on residency status 1 if a person becomes independent or if the residency status of a parent or parents of a dependent person changes an institution shall reassess residency either upon a request by the student or a review initiated by the institution 2 upon transfer to a kentucky institution a student’s residency status shall be assessed by the receiving institution 3 a reconsideration of a determination of residency status for a dependent person shall be subject to the provisions for continuous enrollment if applicable section 12 student responsibilities 1 a student shall report under the proper residency classification which includes the following actions a raising a question concerning residency classification b making application for change of residency classification with the designated office or person at the institution and c notifying the designated office or person at the institution immediately upon a change in residency 358 2 if a student fails to notify an institutional official of a change in residency an institutional official may investigate and evaluate the student’s residency status 3 a if a student fails to provide by the date specified by the institution information required by an institution in a determination of residency status the student shall be notified by the institution that the review has been canceled and that a determination has been made b notification shall be made by registered mail return receipt requested c notification shall be made within ten 10 calendar days after the deadline for receipt of materials has passed 4 a the formal hearing conducted by an institution and the final recommended order shall be a final administrative action with no appeal to the council on postsecondary education b a formal administrative hearing conducted by the council on postsecondary education for residency determinations related to eligibility for the academic common market and regional contract programs shall be conducted pursuant to the provisions of krs chapter 13b and 13 kar 2:070 the recommended order issued by the president of the council shall be a final administrative action 5 a student shall not be entitled to appeal a determination of residency status if the determination made by an institution is because a student has failed to meet published deadlines for the submission of information as set forth in subsection 3 of this section a student may request a review of a determination of residency status in a subsequent academic term section 13 institutional responsibilities each institution shall 1 provide for an administrative appeals process that includes a residency appeals officer to consider student appeals of an initial residency determination and which shall include a provision of fourteen 14 days for the student to appeal the residency appeals officer’s determination 2 establish a residency review committee to consider appeals of residency determinations by the residency appeals officer the residency review committee shall make a determination of student residency status and notify the student in writing within forty-five 45 days after receipt of the student appeal 3 establish a formal hearing process as described in section 14 of this administrative regulation and 4 establish written policies and procedures for administering the responsibilities established in subsections 1 2 and 3 of this section and that are a approved by the institution’s governing board b made available to all students and c filed with the council section 14 formal institutional hearing 1 a student who appeals a determination of residency by a residency review committee shall be granted a formal hearing by an institution if the request is made by a student in writing within fourteen 14 calendar days after notification of a determination by a residency review committee 2 if a request for a formal hearing is received an institution shall appoint a hearing officer to conduct a formal hearing the hearing officer shall a be a person not involved in determinations of residency at an institution except for formal hearings and b not be an employee in the same organizational unit as the residency appeals officer 3 an institution shall have written procedures for the conduct of a formal hearing that have been adopted by the board of trustees or regents as appropriate and that provide for a a hearing officer to make a recommendation on a residency appeal b guarantees of due process to a student that include 1 the right of a student to be represented by legal counsel and 2 the right of a student to present information and to present testimony and information in support of a claim of kentucky residency and c a recommendation to be issued by the hearing officer 4 an institution’s formal hearing procedures shall be filed with the council on postsecondary education and shall be available to a student requesting a formal hearing section 15 cost of formal hearings 1 an institution shall pay the cost for all residency determinations including the cost of a formal hearing 2 a student shall pay for the cost of all legal representation in support of the student’s claim of residency 17 ky.r 2557 eff 4-5-1991 am 22 ky.r 1656 1988 eff 5-16-1996 23 ky.r 3380 3797 4099 eff 6-16-1997 24 ky.r 2136 2705 25 ky.r 51 eff 7-13-1998 25 ky.r 2177 2577 2827 eff 6-7-1999 749 1238 eff 11-122002 36 ky.r 1083 1951 2033-m eff 4-2-2010