The chancellor of each institution in the University of
Wisconsin System which classifies students for tuition purposes under s.
36.27(2),
Stats., shall develop and file with the secretary of the Board of Regents
procedures for determination of classifications and provide for appeals from
classifications of nonresidency which shall, at minimum, provide for the
following:
(1) Designation of
authorized personnel to make initial determinations of residency for tuition
purposes;
(2) A mechanism for
reconsideration of an initial determination of nonresidency when a petitioner
has new or different information to present concerning resident status which
was not available at the time of the initial determination or which was
available but, for good reason shown, the petitioner did not know about at the
time of the initial determination;
(3) A mechanism for appeal from an initial
determination of nonresidency to a designated person or body at the
institution;
(4) Appeal procedures,
which shall include:
(a) A time limit of 14
calendar days for filing an appeal from date of notification of classification
from the initial determination, or, if a reconsideration is requested, from the
date of notification of that classification;
(b) Notice to the petitioner of the appeal
hearing which shall:
1. Be served at least 10
days before the hearing date either by personal service, electronic means, or
mailing;
2. Specify the time and
place of the hearing and the body or person hearing the appeal; and
3. State that the hearing is a class 3
proceeding under ch. 227, Stats., is for the purpose of determining
petitioner's residency status for tuition purposes under the authority
conferred on the Board of Regents of the University of Wisconsin System by s.
36.27, Stats., and is
conducted under authority conferred on the institution by ch. UWS 20.
(c) A right of personal appearance
at an appeal;
(d) A right of a
petitioner to have assistance, including private legal counsel, in making a
personal appearance at an appeal hearing;
(e) A time limit for issuing a written
decision of 30 calendar days following the appeal hearing;
(f) Observing applicable statutory
requirements concerning open and closed hearings;
(g) A stenographic, electronic or other
record of the hearing. This record shall be transcribed and a copy of the
written transcription provided to the petitioner at no cost in the event
judicial review of the appeal decision is sought under ch. 227, Stats.; a copy
of the written transcription shall otherwise be provided to the petitioner upon
payment of a reasonable compensatory fee.
