tion 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:
  5. Approved by the institution's governing board;
  6. Made available to all students; and
  7. Filed with the council.
  8. 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.
  9. 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:
  10. formal hearing. The hearing officer shall:
  11. Be a person not involved in determinations of residency at an institution except for formal hearings; and
  12. Not be an employee in the same organizational unit as the residency appeals officer.
  13. 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:
  14. A hearing officer to make a recommendation on a residency appeal;
  15. Guarantees of due process to a student that include
  16. The right of a student to be represented by legal counsel; and
  17. The right of a student to present information and to present testimony and information in support of a claim of Kentucky residency; and
  18. A recommendation to be issued by the hearing officer.
  19. 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.
  20. Section 15. Cost of Formal Hearings.
  21. An institution shall pay the cost for all residency determinations including the cost of a formal hearing.
  22. 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.)

KSU CATALOGUE, 2011-2012 71