- 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:
- (a)Be a person not involved in determinations of residency at an institution except for formal hearings; and (b) 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)A hearing officer to make a recommendation on a residency appeal; (b) 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
- (c)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.
- Section 15. Cost of Formal Hearings. (1) 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; 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; TAm eff. 11-20-2014; 41 Ky.R. 2108; 42 Ky.R. 9; eff. 7-13-2015; TAm 7-13-2015).
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