15-1802.01. County residency status; community college districts

A. Each community college district shall adopt policies regarding domicile requirements that include, at a minimum, the following:

1. Each student shall have the question of domicile determined before the time of registration and payment of fees.  It is the responsibility of the student to register under the correct domicile determination.

2. Enforcement of domicile requirements shall be the responsibility of the chief executive officer of each community college district.

3. The chief executive officer of each community college district shall designate a representative at each college or campus who is responsible for documents and who is qualified to administer oaths as defined in section 41-311 in connection with statements and testimony relative to student domicile status for tuition purposes. 

4. In addition to the requirements prescribed in section 15-1802, subsections G and H, any of the following may be used in determining a student's domicile:

(a) An income tax return.

(b) The place of graduation from high school.

(c) The source of financial support.

(d) Dependency as indicated on a federal income tax return.

(e) Ownership of real property.

(f) A notarized statement of a landlord or employer.

(g) Bank accounts.

B. Each community college district shall adopt policies regarding classification procedures for a student for nonresident or resident tuition purposes that include, at a minimum, the following:

1. In determining a student's classification, the college may consider all evidence, written or oral, presented by the student and any other information received from any source that is relevant to determining classification.  The college may request written sworn statements or sworn testimony of the student.

2. The decision as to classification shall be made by the representative designated pursuant to subsection A, paragraph 3 of this section.  In making the decision the representative may consult with other college officials.  Decisions by the representative shall be made as soon as possible after all relevant information is acquired.

3. If the representative classifies the student as a nonresident for tuition purposes, the decision shall be communicated to the student by mail to the most recent address furnished to the college.  If the student is classified as a nonresident for tuition purposes, the student must make satisfactory provision for payment of nonresident tuition and other charges.

C. Each community college district shall adopt a review and appeals process for students contesting a domicile decision by the college.