determination by a residency review committee.

  1. 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:
  2. 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:
  4. A hearing officer to make a recommendation on a residency appeal;
  5. Guarantees of due process to a student that include:
  6. The right of a student to be represented by legal counsel; and
  7. The right of a student to present information and to present testimony and information in support of a claim of Kentucky residency; and
  8. A recommendation to be issued by the hearing officer.
  9. 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.
  10. (198) Section 15. Cost of Formal Hearings.
  11. An institution shall pay the cost for all residency determinations including the cost of a formal hearing.
  12. A student shall pay for the cost of all legal representation in support of the student's claim of residency.
  13. (202) (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;
  14. 2705; 25 Ky.R. 51; eff. 7-13-1998; 25 Ky.R. 2177; 2577; 2827; eff. 6-7-1999; 749; 1238; eff. 11-12-2002; 36 Ky.R. 1083; 1951; 2033-
  15. M; eff. 4-2-2010; TAm eff. 11-20-2014; 41 Ky.R. 2108; 42 Ky.R. 9; eff. 7-13-2015; TAm 7-13-2015).
  16. (206)
  17. UNIVERSITY RESIDENCY APPEALS POLICY AND PROCEDURES
  18. The Office of Admissions determines the residency status of students at the time of application to the University in compliance with 13 Kentucky Administrative Regulation 2:045. A student who questions his/her residency status, whether a new applicant or a currently enrolled student, should direct all inquiries to the B.R.E.D.S.