• Approved by the institution's governing board;
  • Made available to all students; and
  • 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 appoint a hearing officer to conduct a formal hearing. The hearing officer shall:
  3. Be a person not involved in determinations of residency at an institution except for formal hearings; and
  4. Not be an employee in the same organizational unit as the residency appeals officer.
  5. 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:
  6. A hearing officer to make a recommendation 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 information and to present testimony and information
  10. in support of a claim of Kentucky residency; and
  11. A recommendation to be issued by the hearing officer.
  12. 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.

Section 15. Cost of Formal Hearings.

  1. An institution shall pay the cost for all residency determinations including the cost of a formal hearing.
  2. 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.)

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