New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 7 - TUITION AND FINANCIAL AID
Part 18 - RESIDENCY FOR TUITION PURPOSES
Section 5.7.18.12 - ADMINISTRATION OF POLICY
Universal Citation: 5 NM Admin Code 5.7.18.12
Current through Register Vol. 35, No. 18, September 24, 2024
A. The higher education department shall:
(1)
publish, disseminate, and distribute pamphlets on residency determination; the
department assumes responsibility for the publishing, printing, distribution of
the residency pamphlets, and other related printed matter;
(2) develop a standard "petition for change
in residency classification;" this standardization petition form for residency
for tuition purposes shall be utilized by all postsecondary institutions;
similarly, all applications for admission shall require standardized
information for the initial residency determination;
(3) convene an annual meeting to review
residency issues; classification officers shall meet at least annually to
review and discuss residency cases in order to assure uniformity and fairness
in residency determination;
(4)
conduct audits to ascertain compliance with policy; at least a random audit of
each postsecondary institution's residency decisions shall take place on an
annual basis by members of the department staff;
(5) annually prepare and disseminate a report
of the number and type of exceptions granted, by institution; the report shall
include exceptions granted to both U.S. citizens and foreign
nationals.
B. Institution of postsecondary education shall:
(1) designate a classification officer. An
officer designated by each state postsecondary educational institution shall be
responsible for determining the residence status of students for tuition
purposes under the terms of this policy.
(a)
Such administrators or residency classification officers shall strive for
uniformity in applying this policy. A common brochure, "establishing New Mexico
residency for in-state tuition classification," shall be utilized by all
postsecondary educational institutions.
(b) Nothing contained herein precludes a
student from contesting the postsecondary institution's decision in the
courts.
(c) Classification officers
may require copies of appropriate legal, personal, business, or family
documents in order to make an informed decision on residency. Such documents
are considered confidential and are to be utilized for the residency
determination alone.
(2)
develop procedures for determining residency; the burden of proving a change of
status from nonresident to resident shall be on the applicant in every case by
submitting satisfactory evidence thereof to the designated official of the
postsecondary educational institution; such evidence shall include:
(a) information demonstrating that the
applicant, or their parent or guardian if the applicant is a minor, has been
physically present in this state for a period of at least twelve consecutive
months immediately preceding the enrollment date on which the change of status
is to take effect;
(b) for purposes
of determining financial dependency, a signed copy of page 1 of the 1040 or
1040A United States internal revenue service income tax form for the previous
year for the applicant's parent(s) or guardian(s) is required (if under age of
23). Such dependency will be determined according to Section 152 of the 1954
Internal Revenue Code;
(3) develop procedure to petition for
resident tuition classification; a nonresident student must obtain a "petition
for resident tuition classification" from the appropriate postsecondary
institutional residency classification officer and file the petition with this
officer; all petitions must be filed before the third Friday after the
beginning of classes for that term or the institution's census date if
different;
(4) develop procedure
for appeal; each postsecondary institution shall organize an appeals board for
students who feel the residency classification officer has made a wrongful
determination; the appeals board shall be the student's last recourse prior to
the courts.
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