6.  STUDENT RESIDENCY, TUITION/FEES AND PAYMENTS

a.  Residence Classification for Fee Purposes

At the beginning of each term or semester, the Registrar of each state university shall determine the residence status for fee purposes of each student who enrolls in that institution for that term or semester.  If the Registrar determines that the original residency classification of any student was incorrect, the Registrar may, at any time, give written notice of reclassification to such student, together with a statement of any additional fees owed by or any refund due to such student for any terms or semesters, and the same shall be due and payable forthwith.  Any residency determination by an agent duly designated by a Registrar to make such determination shall, for all purposes of these regulations, be deemed to be the residency determination of the Registrar.

b.  Appeals

Any student who is classified as a nonresident for fee purposes upon enrollment and who disagrees with that classification shall be entitled to an appeal, provided a written appeal is filed with the university registrar within thirty days of notification of classification.  A student who is classified as a resident for fee purposes at the time of enrollment and who subsequently is reclassified a nonresident for such purposes, and who disagrees with that reclassification, may file a written appeal with the registrar within thirty days of notification of reclassification.  Each registrar's office shall provide on request a standard appeal form.  The payment in full of fees as originally assessed shall be a condition to the right to maintain an appeal from residency classification or reclassification.  If a student fails to file an appeal in the time and manner provided in this rule, the classification or reclassification determined by the registrar shall, upon expiration of the appeal period, become final. 

c.  Residence Committee

Each state university shall establish a residence committee of at least three members to act as an appellate body to hear and determine appeals concerning the status of students as residents or nonresidents of Kansas for fee purposes.  Members of the residence committee shall be appointed by the chief executive officer of the university consistent with institutional procedures, state law, and the regulations of the Board.  Committee members shall serve at the pleasure of the chief executive officers.  The residence committee shall elect its own chairperson who shall be eligible to vote in all cases.  The registrar shall meet with the residence committee but shall not be a member of the committee.

d.  Decisions of Residence Committee

i.  Subject to the provisions of K.S.A. 77 601 et seq., decisions of the residence committee shall not be subject to further administrative review by any officer or committee of the state university or by the Board.  If the residence committee determines that the appealing student was entitled to be classified as a resident rather than nonresident for fee purposes, the university shall refund to the student the difference between the resident and nonresident fees paid that semester. 

ii.  The residence committee may seek advice from the General Counsel of the Board regarding legal questions involving residency.  The General Counsel shall distribute any opinions or legal determinations concerning residency to the registrar of each of the state universities.

e.  Guidelines

Pursuant to law, the Board has adopted administrative rules and regulations setting forth guidelines for the determination of residence status. Those regulations can be found at K.A.R. 88 3 1 through 12.