Attendance as a full-time, nonresident student at an out-of-state institution based on a determination by that school that the person is a resident of Kentucky;

Abandonment of a former domicile or residence and establishing domicile and residency in Kentucky with application to or attendance at an institution following and incidental to the change in domicile and residency; (g) Obtaining licensing or certification for a professional and occupational purpose in Kentucky;

Payment of real property taxes in Kentucky;

Ownership of real property in Kentucky, if the property was used by the student as a residence preceding the date of application for a determination of residency status;

Marriage of an independent student to a person who was domiciled in and a resident of Kentucky prior to the marriage; and The extent to which a student is dependent on student financial aid in order to provide basic sustenance.

Except as provided in subsection (4) of this section, the following facts, because of the ease and convenience in completing them, shall have limited probative value in a determination that a person is domiciled in and is a resident of Kentucky: (a) Kentucky automobile registration;

Kentucky driver's license;

Registration as a Kentucky voter;

Long-term lease of at least twelve (12) consecutive months of noncollegiate housing; and (e) Continued presence in Kentucky during academic breaks.

The absence of a fact contained in subsection (3) of this section shall have significant probative value in determining that a student is not domiciled in or is not a resident of Kentucky.

Section 11. Effect of a Change in Circumstances on Residency Status. (1) If a person becomes independent or if the residency status of a parent or parents of a dependent person changes, an institution shall reassess residency either upon a request by the student or a review initiated by the institution.

Upon transfer to a Kentucky institution, a student's residency status shall be assessed by the receiving institution.

A reconsideration of a determination of residency status for a dependent person shall be subject to the provisions for continuous enrollment, if applicable.

Section 12. Student Responsibilities. (1) A student shall report under the proper residency classification, which includes the following actions:

Raising a question concerning residency classification;

Making application for change of residency classification with the designated office or person at the institution; and (c)

Notifying the designated office or person at the institution immediately upon a change in residency.

2. If a student fails to notify an institutional official of a change in residency, an institutional official may investigate and evaluate the student's residency status.
3. (3)(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.
4. Notification shall be made by registered mail, return receipt requested.
5. Notification shall be made within ten (10) calendar days after the deadline for receipt of materials has passed.
6. (4)(a) The formal hearing conducted by an institution and the final recommended order shall be a final administrative action with no appeal to the Council on Postsecondary Education.
7. (b)A formal administrative hearing conducted by the Council on Postsecondary Education for residency determinations related to eligibility for the Academic Common Market and Regional Contract Programs shall be conducted pursuant to the provisions of KRS Chapter 13B and 13 KAR 2:070. The recommended order issued by the President of the Council shall be a final administrative action.
8. 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.
9. Section 13. Institutional Responsibilities. Each institution shall: (1) 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;
10. 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;
11. lish a formal hearing process as described in Section 14 of this administrative regulation; and
12. Establish written policies and procedures for administering the responsibilities established in subsections (1), (2), and (3) of this section and that are:
13. (A)Approved by the institution's governing board; (b) Made available to all students; and (c) 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.

The University

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