“Institution” means an entity defined in KRS 164.001(10) if the type of institution is not expressly stated and includes the Kentucky Virtual University.

“Kentucky re sidency” or “Kentucky re sident” means the result of a determination by an institution that a perso n is a resident of Kentucky as determined by this administrative regulation.

“Non-resident” means a person who is domiciled outside of Kentucky, or who currently maintains legal residence outside Kentucky, or who has not met the criteria for Ke ntucky re sidency established in this administrative regulation.

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

“Parent” means one (1) of the following:

A person's father or mother; or

A court-appointed legal guardian if:

The guardians hip is r recognized by an appropriate court within the Unit ed States;

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

The guardians hip was no t establ ished primarily to confer Kentucky resi dency on the person.

“Residence” or “residency” means the place of abode of a person and the place where the person is physically present most of the time for a noneducational purpose in a 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 the institution.

“Sustenance” me ans living ex penses i including room, boa rd, ma intenance, transportation, and also possi bly e ducational e xpenses including tuition, fees, books, and supplies.

State-supported post-secondary education institutions were established and are maintained by the Commonwealth of Ke ntucky primarily for the benefit of qualified residents of Kentucky. The substantial commitment of public resources to post-secondary education is pre-indicated on the proposition that the state benefits significantly from the existence of an educated citizenry. As a matter of policy, access to post-secondary education shall be provided so far as feasible at reasonable cost to an individual who is domiciled in Kentucky and who is a resident of Kentucky. 2. The Council on P.ost-secondary Education requires 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.

The Council on P ost-secondary Education requires 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.

This administrative regulation applies to all student re-society residency determinations regarding the Circumstances, including the Southern Region's Education Board's contract spares; the reciprocity agreements, where appropriate; and the Kentucky Virtual University and academic common market programs.

A determination of residency shall include:

An initial determination of residency status by an institution during the admission process or upon enrollment in an institution for a specific academic term or for a admission into a specific academic program;

A r e consideration of a determination of residency status by an institution based upon a changed circumstance; and

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;

Other materials required by a n i nstitution and which are consistent with this administrative regulation; or

Other information available to the institution from any source.

An individual seeking a determination of Kentucky residency status shall demonstrate such status by a preponderance of the evidence.

A determination of residency status shall be based upon verifiable circumstances or actions.

Evidence and information cited as the basis for Kentucky domicile and residency shall accompany the application for a determination of residency status.

A student classified as a non-resident shall retain that status until the student is officially reclassified by an institution.