13 KAR 2:045. Determination of residency status for admission and tuition assessment purposes.
RELATES TO: KRS 13B, 164.020, 164.030, 164A.330(6), 38 U.S.C. 3301-3325
STATUTORY AUTHORITY: KRS 164.020(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.020(8) requires the Council on Postsecondary Education to determine tuition and approve the minimum qualifications for admission to a state postsecondary education institution and authorizes the Council to set different tuition amounts for residents of Kentucky and for nonresidents. This administrative regulation establishes the procedure and guidelines for determining the residency status of a student who is seeking admission to, or who is enrolled at, a state-supported postsecondary education institution.
(1) (a) A determination of Kentucky domicile and residency shall be based upon verifiable circumstances or actions.
(b) A single fact shall not be paramount, and each situation shall be evaluated to identify those facts essential to the determination of domicile and residency.
(c) A person shall not be determined to be a Kentucky resident by the performance of an act that is incidental to fulfilling an educational purpose or by an act performed as a matter of convenience.
(d) Mere physical presence in Kentucky, including living with a relative or friend, shall not be sufficient evidence of domicile and residency.
(e) A student or prospective student shall respond to all requests for information regarding domicile or residency requested by an institution.
(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 nonstudent 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 a 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) Marriage of an independent student to a person who was domiciled in and a resident of Kentucky prior to the marriage; and
(k) 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;
(c) Registration as a Kentucky voter;
(d) Long-term lease of at least twelve (12) consecutive months of noncollegiate housing; and
(e) Continued presence in Kentucky during academic breaks.
(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.