Other information available to the institution from any source.

An individual seeking a determination of Kentucky residency status shall demonstrate that 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 nonresident shall retain that status until the student is officially reclassified by an institution.

A student may apply for a review of a determination of residency status once for each academic term.

If an institution has information that a student's residency status may be incorrect, the institution shall review and determine the student's correct residency status.

If the Council on Postsecondary Education has information that an institution's determination of residency status for a student may be incorrect, it may require the institution to review the circumstances and report the results of that review.

An institution shall impose a penalty or sanction against a student who gives incorrect or misleading information to an institutional official, including payment of nonresident tuition for each academic term for which resident tuition was assessed based on an improper determination of residency status. The penalty or sanction may also include:

Student discipline by the institution through a policy written and disseminated to students; or

Criminal prosecution.

In making a determination of residency status, it shall be presumed that a person is a nonresident if:

A person is, or seeks to be, an undergraduate student and admissions records show the student to be a graduate of an out-of-state high school within five (5) years prior to a request for a determination of residency status;

A person's admissions records indicate the student's residence to be outside of Kentucky at the time of application for admission;

A person moves to Kentucky primarily for the purpose of enrollment in an institution;

A person moves to Kentucky and within twelve (12) months enrolls at an institution more than half time;

A person has a continuous absence of one (1) year from Kentucky; or

A person attended an out-of-state higher education institution during the past academic year and paid in-state tuition at that institution.

A presumption arising from subsection (1) of this section shall only be overcome by preponderance of evidence sufficient to demonstrate that a person is domiciled in and is a resident of Kentucky.

In a determination of residency status, an institution shall first determine whether a student is dependent or independent. This provision is predicated on the assumption that a dependent person lacks the financial ability to live independently of the person upon whom the student is dependent and therefore lacks the ability to form the requisite intent to establish domicile. A determination that a student is independent shall be one (1) step in the overall determination of whether a student is or is not a resident of Kentucky.

In determining the dependent or independent status of a person, the following information shall be considered as well as other relevant information available at the time the determination is made: