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Section 1. Definitions.

(1) "Academic term" means a division of the school year during which a course of studies is offered, and

      includes a semester, quarter, or single consolidated summer term as defined by the institution.

(2) "Continuous enrollment" means enrollment in a state-supported postsecondary education institution at the

      same degree level for consecutive terms, excluding summer term, since the beginning of the period for which

      continuous enrollment is claimed unless a sequence of continuous enrollment is broken due to extenuating

      circumstances beyond the student's control, including serious personal illness or injury, or illness or death of

      a parent.

(3) "Degree level" means enrollment in a course or program which could result in the award of a:

      (a) Certificate, diploma or other program award at an institution;

      (b) Baccalaureate degree or lower including enrollment in a course by a non degree-seeking post

            baccalaureate student;

      (c) Graduate degree or graduate certification other than a first-professional degree in law, medicine,

           dentistry or "Pharm. D"; or

      (d) Professional degree in law, medicine, dentistry, or "Pharm. D".

(4) "Demonstration of Kentucky domicile and residency" means the presentation of documented information

        and evidence sufficient to prove by a preponderance of the evidence that a person is domiciled in Kentucky

        and is a resident of Kentucky .

(5) "Dependent person" means a person who cannot demonstrate financial independence from parents or

        persons other than a spouse and who does not meet the criteria established in Section 5 of this

        administrative regulation.

(6) "Determination of residency status" means the decision of a postsecondary education institution that may

        include a formal hearing that results in the classification of a person as a Kentucky resident or as a

        nonresident for admission and tuition assessment purposes.

(7) "Domicile" means a person's true, fixed, and permanent home and is the place where the person intends to

       remain, and to which the person expects to return if absent without intending to establish a new domicile

        elsewhere.

(8) "Full-time employment" means continuous employment for at least forty-eight (48) weeks at an average of at

       least thirty (30) hours per week.

(9) "Independent person" means a person who demonstrates financial independence from parents or persons

        other than a spouse and who can meet the criteria established in Section 5 of this administrative regulation.

(10) "Institution means an entity defined in KRS 164.001(10) if the type of institution is not expressly stated and

       includes the Kentucky Commonwealth Virtual University .

(11) " Kentucky residency" or " Kentucky resident" means the result of determination by an institution that a

        person is a resident of Kentucky as determined by this administrative regulation.

(12) "Nonresident" means a person who is domiciled outside of Kentucky or who currently maintains legal

        residence outside Kentucky or who has not met the criteria for Kentucky residency established in this

        administrative regulation.

(13) "Preponderance of the evidence" means the greater weight of evidence, or evidence which is more

        credible and convincing to the mind.

(14) "Parent" means one (1) of the following:

        (a) A person's father or mother; or

        (b) A court-appointed legal guardian if:

              •  1. The guardianship is recognized by an appropriate court within the United States ;

              •  2. There was a relinquishment of the rights of the parents; and

              •  3. The guardianship was not established primarily to confer Kentucky residency on the person.

(15) "Residence" or "residency" means the place of abode of a person and the place where the person is

       physically present most of the time for a noneducational purpose in accordance with Section 3 of this

       administrative regulation.

(16) "Student financial aid" means all forms of payments to a student if one (1) condition of receiving the payment

        is the enrollment of the student at the institution.

(17) "Sustenance" means living expenses including room, board, maintenance, transportation, and also may

        include educational expenses including tuition, fees, books, and supplies.

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Section 2. Scope.

(1) State-supported postsecondary education institutions were established and are maintained by the 

      Commonwealth of Kentucky primarily for the benefit of qualified residents of Kentucky . The substantial

      commitment of public resources to postsecondary education is predicated on the proposition that the state

      benefits significantly from the existence of an educated citizenry. As a matter of policy, access to

      postsecondary education shall be provided so far as feasible at reasonable cost to an individual who is

      domiciled in Kentucky and who is a resident of Kentucky .

(2) The Council on Postsecondary Education requires a student who is neither domiciled in nor a resident of

       Kentucky to meet higher admission standards and to pay a higher level of tuition than resident students.

(3) This administrative regulation applies to all student residency determinations regardless of circumstances,

       including the Southern Regional Education Board contract spaces; reciprocity agreements, where

       appropriate; the Kentucky Commonwealth Virtual University and academic common market programs.

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Section 3. Determination of Residency Status; General Rules.

(1) A determination of residency shall include:

     (a) An initial determination of residency status by an institution during the admission process or upon

          enrollment in an institution for a specific academic term or for admission into a specific academic program;

     (b) A reconsideration of a determination of residency status by an institution based upon a changed

          circumstance; and

     (c) A formal hearing conducted by an institution upon request of a student after other administrative

          procedures have been completed.

(2) An initial determination of residency status shall be based upon:

     (a) The facts in existence when the credentials established by an institution for admission for a specific

          academic term have been received and during the period of review by the institution;

     (b) Information derived from admissions materials;

     (c) Other materials required by an institution and which are consistent with this administrative regulation; or

     (d) Other information available to the institution from any source.

(3) An individual seeking a determination of Kentucky residency status shall demonstrate that status by a

      preponderance of the evidence.

(4) A determination of residency status shall be based upon verifiable circumstances or actions.

(5) Evidence and information cited as the basis for Kentucky domicile and residency shall accompany the

      application for a determination of residency status.

(6) A student classified as a nonresident shall retain that status until the student is officially reclassified by an

      institution.

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

(8) 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.

(9) 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.

(10) 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

      may also include:

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

      (b) Criminal prosecution.

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Section 4. Presumptions Regarding Residency Status.

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

     (a) 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;

     (b) A person's admissions records indicate the student's residence to be outside of Kentucky at the time of

           application for admission;

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

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

     (e) A person has a continuous absence of one (1) year from Kentucky .

(2) A presumption arising from subsection (1) of this section shall be overcome by a demonstration of Kentucky

      domicile and residency.

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Section 5. Determination of Whether a Student is Dependent or Independent.

(1) 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.

(2) 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:

      (a) 1. That the person has not been claimed as a dependent on the federal or state tax returns of a parent or

                 other person for the year preceding the date of application for a determination of residency status; or

            2. That the person is no longer claimed by a parent or other person as a dependent or as an exemption for

                 federal and state tax purposes; and

      (b) That the person has financial earnings and resources independent of a person other than an independent

             spouse necessary to provide for the person's own sustenance.

(3) An individual who enrolls at an institution immediately following graduation from high school and remains

      enrolled shall be presumed to be a dependent person unless the contrary is evident from the information

      submitted.

(4) Domicile may be inferred from the student's permanent address, parent's mailing address, or location of high

      school of graduation.

(5) Marriage to an independent person domiciled in and who is a resident of Kentucky shall be a factor

      considered by an institution in determining whether a student is dependent or independent.

(6) Financial assistance from or a loan made by a parent or family member other than an independent spouse, if

      used for sustenance of the student:

      (a) Shall not be considered in establishing a student as independent; and

      (b) Shall be a factor in establishing that a student is dependent.

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Section 6. Effect of a Determination of Dependent or Independent Status on a Determination of Residency Status.

(1) The effect of a determination that a person is dependent shall be as follows:

      (a) The domicile and residency of a dependent person shall be the same as either parent. The domicile and

             residency of the parent shall be determined in the same manner as the domicile and residency of an

             independent person.

      (b) The domicile and residency of a dependent person whose parents are divorced, separated, or otherwise

             living apart shall be Kentucky if either parent is domiciled in and is a resident of Kentucky regardless of

             which parent has legal custody or is entitled to claim that person as a dependent pursuant to Kentucky

             income tax provisions.

       (c) 1. If the parent or parents of a dependent person are Kentucky residents and are domiciled in Kentucky

                 but subsequently move from the state, the dependent person shall be considered a resident of Kentucky

                while in continuous enrollment at the degree level in which currently enrolled.

            2. If continuous enrollment is broken or the current degree level is completed, the dependent person's

                residency status shall be reassessed when the circumstances detailed in subparagraph 1 of this

                paragraph are present.

(2) If the sole parent or both parents of a dependent person moves out of state, Kentucky domicile and residency,

     having been previously established, shall be retained until steps are taken to establish domicile and residency

     elsewhere.

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Section 7. Member of Armed Forces of the United States , Spouse and Dependents; Effect on a Determination of Residency Status.

(1) A member, spouse, or dependent of a member whose domicile and residency was Kentucky at the time of

     induction into the Armed Forces of the United States , and who maintains Kentucky as home of record and

     permanent address, shall be entitled to Kentucky residency status:

     (a) During the time of active service; or

     (b) If the member, spouse, or dependent returns to this state within six (6) months of the date of the member's

          discharge from active duty.

(2)(a) A member, spouse or dependent of a member of the Armed Forces of the United States stationed in

         Kentucky on active military orders shall be considered a Kentucky resident while the member is on active

         duty in this state pursuant to those orders if the member is not:

         •  1. Stationed in Kentucky for the purpose of enrollment at an institution; or

         •  2. On temporary assignment of less than one (1) year.

      (b) A member, spouse or dependent of a member, shall not lose Kentucky residency status if the member is

           thereafter transferred on military orders while the member, spouse or dependent requesting the status is in

           continuous enrollment at the degree level in which currently enrolled.

(3) Membership in the National Guard or civilian employment at a military base alone shall not qualify a person for

      Kentucky residency status under the provisions of subsections (1) and (2) of this section.

(4) A person's residency status established pursuant to this section shall be reassessed if the qualifying condition

      is terminated.

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Section 8. Status of Nonresident Aliens; Visas and Immigration.

(1)(a) A person holding a permanent residency visa or classified as a political refugee shall establish domicile 

           and residency in the same manner as another person.

     (b) Time spent in Kentucky and progress made in fulfilling the conditions of domicile and residency prior to

           obtaining permanent residency status shall be considered in establishing Kentucky domicile and residency.

(2) A person holding a nonimmigrant visa with designation A, E, G, H, I, L, N, O, P, R, S, TD or TN shall establish

      domicile and residency the same as another person.

(3)(a) An independent person holding a nonimmigrant visa with designation B, C, D, F, J, K, M, or Q shall not be

           classified as a Kentucky resident, because that person does not have the capacity to remain in Kentucky

           indefinitely and therefore cannot form the requisite intent necessary to establish domicile within the

           meaning of this administrative regulation.

      (b) A dependent person holding a visa as described in paragraph (a) of this subsection, but who is a

           dependent of a parent holding a visa as described in subsection (2) of this section, shall be considered as

           holding the visa of the parent.

       (c) A dependent person holding a visa described in subsection (2) of this section or paragraph (a) of this

           subsection, if a parent is a citizen of the United States and is a resident of and domiciled in Kentucky , shall

           be a resident of Kentucky for the purposes of this administrative regulation.

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Section 9. Beneficiaries of a Kentucky Educational Savings Plan Trust.

A beneficiary of a Kentucky Educational Savings Plan Trust shall be granted residency status if the beneficiary meets the requirements of KRS 164A.330(9).

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Section 10. Criteria Used in a Determination of Residency Status.

(1) A determination of Kentucky domicile and residency shall be based upon verifiable circumstances or actions.

      single fact shall not be paramount, and each situation shall be evaluated to identify those facts essential to the

      determination of domicile and residency.

(2) The following facts, although not conclusive, shall have probative value in their entirety and shall be individually

      weighted, appropriate to the facts and circumstances in each determination of residency:

      (a) Acceptance of an offer of full-time employment or transfer to an employer in Kentucky or contiguous area

            while maintaining residence and domicile in Kentucky ;

      (b) Continuous physical presence in Kentucky while in a non student status for the twelve (12) months

            immediately preceding the start of the academic term for which a classification of Kentucky residency is

            sought;

      (c) 1. Filing of Kentucky resident income tax return for the calendar year preceding the date of application for

                a change in residency status; or

            2. Payment of Kentucky withholding taxes while employed during the calendar year for which a change in

                classification is sought;

     (d) Full-time employment of at least one (1) year while living in Kentucky ;

     (e) 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 ;

      (f) 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 ;

      (h) Payment of real property taxes in Kentucky ;

       (i) 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;

       (j) Long-term lease of at least twelve (12) consecutive months ofnoncollegiate housing;

       (k) Marriage of an independent student to a Kentucky resident;

       (l) Continued presence in Kentucky during academic breaks; and

       (m) The extent to which a student is dependent on student financial aid in order to provide basic sustenance.

(3) 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;

      (b) Kentucky driver's license; and

      (c) Registration as a Kentucky voter.

(4) 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 .

(5) Kentucky residency status shall not be conferred by the performance of an act which is incidental to fulfilling an

      educational purpose or by an act which is performed as a matter of convenience. Mere physical presence in

      Kentucky , including living with a relative or friend, shall not be sufficient evidence of domicile and residency.

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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

      an institution.

(2) Upon transfer to a Kentucky institution, a student's residency status shall be reassessed by the receiving

      institution.

(3) A reconsideration of a determination of residency status for a dependent person shall be subject to the

      provisions for continuous enrollment, if applicable.

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Section 12. Student Responsibilities.

(1) A student shall register under the proper residency classification which includes the following actions:

     (a) Raising a question in a timely manner concerning residency classification;

     (b) Making application for change of residency classification in a timely manner 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 current residency status.
(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.
     (b) Notification shall be made by registered mail, return receipt requested.

     (c) Notification shall be made within ten (10) calendar days after the deadline for receipt of materials has

           passed.
(4) 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.
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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.

(2) 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.

(3) Establish a formal hearing process as described in Section 14 of this administrative regulation.

(4) Establish written policies and procedures for administering the responsibilities established in subsections

      (1), (2), and (3) of this section and that are:

      (a) Approved by the institution's governing board;

      (b) Made available to all students; and

      (c) Filed with the council.

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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:

      (a) Shall be a person not involved in determinations of residency at an institution except for formal

             hearings; and

      (b) Shall not be an employee in the same organizational unit as the residency appeals officer.

(3) 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.

      (c) A recommendation to be issued by the hearing officer.

(4) 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.

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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. 4-5-91; Am. 22 Ky.R. 1656; 1988; eff. 5-16-96; 23 Ky.R. 3380; 3797; 4099; eff. 6-16-97;

       24 Ky.R. 2136; 2705; 25 Ky.R. 51; eff. 7-13-98; 25 Ky.R. 2177; 2577; 2827; eff. 6-7-99.)