5. 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 subsection (3) of this section. A student may request a review of a determination of residency status in a subsequent academic term.

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;

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;

Establish a formal hearing process as described in Section 14 of this administrative regulation; and

Establish written policies and procedures for administering the responsibilities established in subsections (1), (2), and (3) of this section and that are:

Approved by the institution's governing board;

Made available to all students; and

Filed with the council.

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.

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:

Be a person not involved in determinations of residency at an institution except for formal hearings; and

Not be an employee in the same organizational unit as the residency appeals officer.

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:

A hearing officer to make a recommendation on a residency appeal;

Guarantees of due process to a student that include

The right of a student to be represented by legal counsel; and

The right of a student to present information and to present testimony and information in support of a claim of Kentucky residency; and

A recommendation to be issued by the hearing officer.

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.

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

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;