Alabama Administrative Code
Title 300 - ALABAMA COMMISSION ON HIGHER EDUCATION
Chapter 300-2-4 - EDUCATIONAL ASSISTANCE PROGRAMS
Section 300-2-4-.03 - Determining Alabama Residency For Purposes Of The Academic Common Market With The Southern Regional Education Board

Universal Citation: AL Admin Code R 300-2-4-.03

Current through Register Vol. 42, No. 11, August 30, 2024

(1) The purpose of determining Alabama residency for the Academic Common Market is to provide an equitable opportunity for persons who are not native to the state, but who meet certain other criteria, to participate in these programs.

(2) It is the responsibility of the Alabama Commission on Higher Education to establish policies and procedures for determining Alabama residency for purposes of the Academic Common Market and Contract Programs.

(3) The following definitions apply in this rule:

(a) A student is financially dependent if he or she receives half or more of his or her income from another person or persons, or appears as a dependent on the state income tax return of any other person.

(b) A student is financially independent if he or she declares himself or herself so, if he or she received less than half of his support from any other person or persons, and if he or she does not appear as a dependent on the state income tax return of any other person.

(c) A parent is a natural parent, an adoptive parent, a legally-appointed guardian, or a person who stands in loco parentis to the student.

(d) A domicile is a person's permanent place of abode, that location with which a person is considered to have the most settled and permanent connection. A person must demonstrate intent to live permanently or indefinitely in Alabama, and cannot have more than one domicile at a given time.

(e) A spouse is a partner in a legally contracted marriage.

(4) In determining domicile, the Commission staff shall take into consideration, but shall not be limited to, whether an applicant:

(a) Pays Alabama income tax on earned income.

(b) Possesses a valid Alabama driver's license, if licensed.

(c) Gives an Alabama home address on income tax forms.

(5) In conjunction with the above, the Commission will certify Alabama residency, for purposes of the Academic Common Market, for United States citizens and immigrant aliens lawfully admitted for permanent residence in the U.S., in the following cases:

(a) A student is financially dependent upon a parent(s) or spouse domiciled in Alabama for at least twelve (12) months prior to the date of the residency application.

(b) A student is financially independent and has maintained domicile in Alabama for at least twelve (12) months prior to the date of the residency application.

(c) A student has been classified as an in-state resident by an Alabama institution, and is still enrolled at that institution at the time he or she makes residency application for the Common Market.

(6) A student requesting certification of Alabama residency must complete a residency application form available from the State Academic Common Market Coordinator. Any student who asserts that he or she is financially dependent upon a parent(s) or spouse domiciled in Alabama must also produce a copy of the state income tax form which shows the student claimed as a dependent the most recent year the student was claimed as a dependent on the Alabama income tax form. Completed applications will be sent to the State Academic Common Market Coordinator for evaluation of the residency claim.

(7) A student may appeal the State Academic Common Market Coordinator's denial of his or her residency application by filing written request for appeal within thirty (30) days of the date of denial. The request for appeal shall be sent to the executive director of the Commission and shall include the reasons the petitioner believes the denial is erroneous and all other evidence in support of his appeal. The decision of the executive director shall be final.

Authors: Brenda T. Carter; Paul B. Mohr, Sr.

Statutory Authority: Code of Ala. 1975, §§ 16-5-1, et seq.

Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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