UNIVERSITY
SYSTEM OF
Chancellor's
Office
CHAPTER Un 800 STUDENT RULES
PARTS Un 801 - 810 RESERVED
PART Un 811 FINANCIAL POLICIES - Classification of Students for Tuition Purposes (Residency Rules)
Un 811.01 Basic Rule. All students enrolled in credit-bearing
programs in any division of the university system of
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.02 Definitions.
(a)
"Parent" means a person's father and mother, provided both are
living. In the case of legally separated
or divorced parents, "parent" means either a parent with legal
custody or a parent providing more than one-half of a student's total financial
support; or if there is a guardian or legal custodian, "parent" means
guardian or legal custodian provided there are no circumstances indicating that
such guardianship or custodianship was created primarily for the purpose of
conferring the status of an in-state student on such unemancipated
person.
(b)
"Domicile” means a person's true, fixed and permanent home and
place of habitation, to the exclusion of all others. It is the place where the person intends to
remain and to which he/she expects to return when he/she leaves without
intending to establish a new domicile elsewhere.
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.03 Determination of Student Status. A student shall be classified as in-state or
out-of-state for tuition purposes at the time of his/her first admission to the
university system unit. The decision
shall be made by the dean or director of admissions of the appropriate division
in the first instance based upon information furnished by the student's application
and other relevant information available to the dean or director.
Source. #2701, eff 5-4-84; ss
by #4837, eff 6-8-90; ss by #5449, eff 8-25-92,
EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.04 Application Forms. Anyone applying for in-state status for
tuition purposes at the same time he or she is applying for admission shall
submit an application on forms to be prescribed by the dean or director of
admissions which shall include a sworn statement certifying that the applicant
is legally domiciled within the State of
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.05 Burden of Proof. In all cases of application for in-state
status for tuition purposes, the burden of proof shall be on the
applicant. At the applicant's request
the dean or director of admissions shall state the reason or reasons for the
decision in writing.
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.06 Determination of Domicile.
(a)
No person shall be eligible for in-state status unless s/he is domiciled
within
(b)
No unemancipated person shall be eligible for
in-state tuition status unless his/her parent(s), as defined in Un 811.02(a),
shall have established domicile in this state.
(c)
No person shall be eligible for in-state tuition status unless he/she
establishes that his/her residence in
(d)
When a person has established eligibility for in-state tuition based on
his/her parent's domicile and the parent subsequently establishes domicile
outside of
(e) All evidence relevant to determining domicile
shall be considered. Evidence of the
following shall, in any case, be relevant, but not necessarily conclusive:
(1) Payment or non-payment of any tax levied by
the State of
(2) Residence reported on any federal or state
tax return;
(3) Registration of one's automobile;
(4) State issuing one's driver's license;
(5) Receipt of support from parents who are
resident or domiciled outside the State of
(6) Voting residence;
(7) Claim by any non-resident parent that the
applicant is a dependent for tax or any other financial purpose;
(8) Regular departure by an applicant from the
State of
(9) The filing of any claim for benefits under
any policy of insurance or any federal, state or local benefit legislation
based on residence or domicile outside the State of New Hampshire; or
(10) Status in some other state which would
qualify a person for in-state tuition in that state.
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.07 Emancipation.
(a)
No person shall be deemed to be emancipated unless his/her parent, as
defined in Un 811.02(a) above, has entirely surrendered the right to the care,
custody and earnings of such person and unless his/her parent is no longer
under any legal obligation to support or maintain such person or, having
supported and maintained such person even though under no legal obligation to
do so, has ceased to support or maintain such person. Emancipation shall not be found unless all
such tests are met.
(b)
Evidence of the following shall be submitted by an applicant and
requested by the dean or director of admissions:
(1) Lack of financial support of the person by
the parents;
(2) Lack of contribution by the parents to any
earnings or other income received by the person;
(3) Failure of the parent to claim the person as
a dependent on his/her income or other tax returns;
(4) Establishment by the person of a domicile
separate and apart from that of the parent; and
(5) Failure of the person to return to the home
of the parent during vacations and other recesses from school.
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.08 Presumptions. Unless the contrary appears to the
satisfaction of the dean or director of admissions in individual cases, the
following presumptions shall prevail:
(a)
The domicile of an unemancipated person shall
be that of his/her parents or if the parents are separated or divorced, that of
the parent who has custody of him/her, or that of the parent providing more
than one-half of the student's total financial support;
(b)
The domicile of an unemancipated person who
has no parents shall be that of his/her guardian or other legal custodian,
unless it appears that such guardianship or custodianship was created for the
purpose of establishing an in-state status;
(c)
The domicile of any person who first enters the university system from
the domicile of his/her parent, as defined in Un 811.02(a) above is that of the
parent until he/she abandons such domicile and, for purposes other than that of
education, acquires a new domicile;
(d)
The domicile of any person who first enters the university system from a
domicile other than New Hampshire is such a domicile until he/she abandons such
domicile and, for purposes other than that of his/her education, acquires a new
domicile; and
(e)
Attendance at a unit of the university system or at any other
educational institution in this state in itself shall not be evidence of
intention to establish or establishment of a domicile in this state.
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.09 Waiver. Nothing contained in these rules shall
preclude the dean or director of admissions or campus residency officer from
waiving any requirements hereof under special circumstances in individual
cases. Waivers shall not be routinely granted.
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.10 Military Personnel. A member of the Armed Forces of the
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.11 Review of Student Status.
(a)
Any student who is aggrieved by the decision of the dean or director of
admissions classifying him/her as an out-of-state student for tuition purposes
may appeal to the campus residency officer on forms and in accordance with
procedures which shall be made available to the student in the office of the
dean or director of admissions. Any
student aggrieved by the campus residency officer's decision may appeal that
decision to the university system's residency appeals board (the board).
(b)
The student may present to the board such additional evidence as he/she
may deem appropriate in processing his/her appeal and may appear before the
board and be heard. The decision of the
board shall be the final decision of the university system.
(c)
The university system residency appeals board shall be comprised of 3
members who shall be designated by the presidents of each of the system's 3
residential campuses. At the first meeting
of each academic year, the board members shall designate one member to serve as
chair for the remainder of the academic year and until a successor has been
designated for the following year. The
chair may delegate authority to chair particular meetings of the board to any
member of the board.
Source. #2701, eff 5-4-84; ss
by #4837, eff 6-8-90; ss by #5449, eff 8-25-92,
EXPIRED: 8-25-98
New. #8205, eff 11-17-04 (formerly Un 811.03),
EXPIRED: 11-17-12
Un 811.12 Change in Status.
(a)
Any student who has, on his/her first admission to the university
system, been classified as out-of-state for tuition purposes may apply to the
campus residency officer for a change in status.
(b)
Students applying for a change in status shall file their applications
with the campus residency officer prior to the first day of the semester for
which the student is seeking the in-state tuition rate. Applications shall be considered in the
chronological order in which they are presented. No changes approved during a semester shall
be effective until the beginning of the next following semester. However, where a change of status from out-of-state
to in-state has been denied by the campus residency officer prior to the
commencement of a semester, and that decision is reversed by the residency
appeals board during the semester, the student's status shall be effective as
of the commencement of the semester.
(c)
In the event the campus residency officer possesses any fact or
information indicating that a student's status should be changed from in-state
to out-of-state, the student shall be informed in writing of the change of
status. The student may appeal the
decision of the campus residency officer as set forth in Un 811.11(a). No such change made by the campus residency
officer after the commencement of any semester shall be effective until the
beginning of the next semester. Change
to out-of-state status made by the campus residency officer prior to the
commencement of any semester, but reversed during the semester by the residency
appeals board shall be effective as of the commencement of the semester.
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
Un 811.13 Student Responsibility to Notify
Institution of Changes in Status.
(a)
It shall be the responsibility of students on all campuses to notify the
campus residency officer of any change in their eligibility for the in-state
tuition rate as a result of:
(1) Change in the domicile of their parents; or
(2) Change in their own domicile
(b)
Failure to notify the campus residency officer of any changes affecting
eligibility for the in-state tuition rate shall subject a student to
disciplinary action under the provisions of the code of student conduct and/or
to such actions that may be available under law, or both.
Source. #2701, eff 5-4-84; ss
by #5449, eff 8-25-92, EXPIRED: 8-25-98
New. #8205, eff 11-17-04, EXPIRED: 11-17-12
APPENDIX
Rule |
State Statute Implemented |
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Un 811 |
RSA 187-A:16,
XIX |