• Making application for change of resid ency classification in a timely manner with the designated office or person at the institution; and
  • Notifying the designated office or person at the institution immediately upon a change in residency.
  • If a student fails to notify an institutional official of a change in residency, an institutional official may investigate and evaluate the student's current residency status.
  • (a) If a student fails to provide, by the date specified by the institution, information required by an institution in a determination of residency status, the student shall be notified by the institution that the review has been canceled and that a determination has been made.
  • Notification shall be made by registered mail, with return receipt requested.
  • Notification shall be made within ten (10) calendar days after the deadline for receipt of materials has passed.
  • A student shall not be entitled to appeal a determination of residency status if the determination made by an institution is because a student has failed to meet published deadlines for the submission of information as set forth in sub-section (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 considering student appeals of an initial residency determination and which shall in turn 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.
  4. Establish w ritten policies and proc edures for administering the responsibilities established in subsections (1), (2), and (3) of this section and that are: (a) approved by the in stitution’s governing board;
  5. approved by the in stitution's governing board;
  6. made available to all students; and
  7. filed with the Council.

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.
  2. If a request for a formal hearing is received, an institution shall a ppoint a he aring officer to conduct a form al hearing. The hearing of ficer shall not be:
  3. involved in determinations of residency at an institution except for formal hearings; and
  4. an employee in the same organizational unit as the residency appeals officer.
  5. An institution shall have written procedures for the conduct of a form al hearing that have been duly adopted by the board of trustees or regents, and that provide for:
  6. A hearing officer to make a recommendation da-tion on a residency appeal;
  7. Guarantees of due process to a student that include:
  8. The right of a student to be represented by legal counsel, and
  9. The right of a student to present testimony and information in support of a claim of Kentucky residency; and
  10. A recommendation to be issued by the hearing officer.
  11. An institution’s formal hearing procedures shall be filed with the Council on Post secondary Education and shall be available to every student requesting a formal hearing.

Section 15: Cost of Formal Hearings

  1. An institution shall pay the cost for all residency determinations, including the cost of a for mal hearing.
  2. A student shall pay for the cost of all legal representation in support of his/her claim of residency (17 Ky.R. 2557; eff. 4-5-91; Am. 22 Ky.R. 1656; 1988; eff. 5-16-96; 23 Ky.R. 3380; 3797; 4099; eff. 6-16-97; 24 Ky.R. 2136; 2705; 25 Ky.R. 51; eff. 7-13-98; 25 Ky.R. 2177; 2577; 2827; eff. 6-7-99).

NOTE: These guidelines are subject to change.

KSU CATALOGUE, 2005–2007