Domicile means a person's true, fixed, and permanent home and is the place where the person intends to remain indefinitely, and to which the person expects to return if absent without intending to establish a new domicile elsewhere.

Full-time employment means continuous employment for at least forty-eight (48) weeks at an average of at least thirty (30) hours per week.

Independent person means a person who demonstrates financial independence from parents or persons other than a spouse and who meets the criteria for independence established in Section 5 of this administrative regulation.

Institution means an entity defined in KRS 164.001(12) if the type of institution is not expressly stated and includes the Kentucky Virtual University, the Council on Postsecondary Education, and the Kentucky Higher Education Assistance Authority.

Kentucky resident means a person determined by an institution for tuition purposes to be domiciled in and is a resident of Kentucky as determined by this administrative regulation.

Nonresident means a person who is (a) domiciled outside of Kentucky (b) currently maintains legal residence outside Kentucky, or (c) is not a Kentucky resident as determined by this administrative regulation.

Parent means one (1) of the following:

A person's father or mother; or

(b) A court-appointed legal guardian if:

The guardianship is recognized by an appropriate court within the United States;

There was a relinquishment of the rights of the parents; and

The guardianship was not established primarily to confer Kentucky residency on the person.

Preponderance of the evidence means the greater weight of evidence, or evidence which is more credible and convincing to the mind.

Residence means the place of abode of a person and the place where the person is physically present most of the time for a non-educational purpose in accordance with Section 3 of this administrative regulation.

Student financial aid means all forms of payments to a student if one (1) condition of receiving the payment is the enrollment of the student at an institution, and includes student employment by the institution or a graduate assistantship.

Sustenance means

Living expenses, such as room, board, maintenance, and transportation;

and (b) Educational expenses, such as tuition, fees, books, and supplies.

State-supported postsecondary education institutions were established and are maintained by the Commonwealth of Kentucky primarily for the benefit of qualified residents of Kentucky. The substantial commitment of public resources to postsecondary education is predicated on the proposition that the state benefits significantly from the existence of an educated citizenry. As a matter of policy, access to postsecondary education shall be provided so far as feasible at reasonable cost to a qualified individual who is domiciled in Kentucky and who is a resident of Kentucky.

In accordance with the duties established in KRS 164.020, the Council on Postsecondary Education may require a student who is neither domiciled in nor a resident of Kentucky to meet higher admission standards and to pay a higher level of tuition than resident students.

Unless otherwise indicated, this administrative regulation shall apply to all student residency determinations, regardless of circumstances, including residency determinations made by:

The state-supported institutions for prospective and currently-enrolled students;

The Southern Regional Education Board for contract spaces;

Reciprocity agreements, if appropriate;

The Kentucky Virtual University;

Academic common market programs;

The Kentucky Educational Excellence Scholarship Program; and

Other state student financial aid programs, as appropriate.

Section 3. Determination of Residency Status; General Rules.

A determination of residency shall include:

An initial determination of residency status by an institution:

During the admission process;

Upon enrollment in an institution for a specific academic term; or

For admission into a specific academic program;

A reconsideration of a determination of residency status by an institution based upon a changed circumstance; or

A formal hearing conducted by an institution upon request of a student after other administrative procedures have been completed.

An initial determination of residency status shall be based upon:

The facts in existence when the credentials established by an institution for admission for a specific academic term have been received and during the period of review by the institution;

Information derived from admissions materials;