Residency Appeal Process

(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.

(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.

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.

(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.