Each institution shall:
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;
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;
Establish a formal hearing process as described in Section 14 of this administrative regulation; and
Establish written policies and procedures for administering the responsibilities established in subsections (1), (2), and (3) of this section and that are:
Approved by the institution's governing board;
Made available to all students; and
Filed with the council.
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.
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:
Be a person not involved in determinations of residency at an institution except for formal hearings; and
Not be an employee in the same organizational unit as the residency appeals officer.
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 hearing officer to make a recommendation on a residency appeal;
Guarantees of due process to a student that include:
The right of a student to be represented by legal counsel; and
The right of a student to present information and to present testimony and information in support of a claim of Kentucky residency; and
A recommendation to be issued by the hearing officer.
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.
An institution shall pay the cost for all residency determinations including the cost of a formal hearing.
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. 11-12-2002; 36 Ky.R. 1083; 1951; 2033-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).