12 Financial Responsibilities
Please check the following url for changes made to this policy after the Student Rights, Rules, and Responsibilities went to press: http://usnh.edu/OLPM/BOT/IV.Fin/E.htm.
1. Basic Rule
1.1 All students enrolled in credit-bearing programs in any division of the University System of New Hampshire in any capacity shall be charged tuition at a rate to be determined by their domicile. Those domiciled within the State of New Hampshire shall pay the in-state rate. Those domiciled elsewhere shall pay the out-of-state rate.
2.1 "Parent" means the individual or individuals named on the student’s birth certificate; or the student’s legal guardian or legal custodian provided that 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 the unemancipated person; or an individual who can claim the student as a dependent on his/her IRS 1040 tax return.
2.2 "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 s/he expects to return when s/he leaves without intending to establish a new domicile elsewhere.
2.3 “Veteran” shall have the same meaning as defined in RSA 21:50, I.
3. Determination of Student Status
3.1 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.
4. Application Forms
4.1 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 New Hampshire. The application shall also include such additional information as the dean or director may require in support of the affidavit of domicile. In the event the campus residency officer possesses facts or information indicating that a student's status should be changed from in-state to out-of state, whether or not the information was received from the student in compliance with notification requirements set forth in BOT IV.E.13, in his/her discretion, the campus residency officer may require resubmission of an application form from any in-state student prior to the commencement of each semester the student plans to attend the university system unit.
5. Burden of Proof
5.1 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.
6. Determination of Domicile
6.1 No person shall be eligible for in-state status unless s/he is domiciled within New Hampshire. For University System purposes, a person does not acquire a domicile in New Hampshire until s/he has been a resident of the state for 12 consecutive months immediately preceding registration for the term for which in-state status is claimed and meets all other requirements for domicile.
6.1.1 In accordance with RSA 187-A:20-c, any veteran of the armed forces who establishes a residence in New Hampshire is eligible immediately for the in-state rate, and the twelve-month waiting period for establishing domicile shall not apply.
6.2 No unemancipated person shall be eligible for in-state tuition status unless his/her parent(s), as defined in BOT IV.E.2.1, shall have established domicile in this state.
6.3 No person shall be eligible for in-state tuition status unless s/he establishes that his/her residence in New Hampshire is for some purpose other than the temporary or primary one of obtaining an education.
6.4 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 New Hampshire, the person shall be eligible for in-state tuition for one academic semester following the academic semester during which the parent established out-of-state domicile. It shall be the student's responsibility pursuant to BOT IV.E.13 to notify the campus residency officer of any changes affecting his or her eligibility for the in-state tuition rate.
6.5 All evidence relevant to determining domicile shall be considered. Evidence of the following shall, in any case, be relevant, but not necessarily conclusive:
6.5.1 Payment or non-payment of any tax levied by the State of New Hampshire or any political subdivision on persons resident or domiciled thereon;
6.5.2 Residence reported on any federal or state tax return;
6.5.3 Registration of one's automobile;
6.5.4 State issuing one's driver's license;
6.5.5 Receipt of support from parents who are resident or domiciled outside the State of New Hampshire;
6.5.6 Voting residence;
6.5.7 Claim by any non-resident parent that the applicant is a dependent for tax or any other financial purpose;
6.5.8 Regular departure by an applicant from the State of New Hampshire during recesses or vacations from the University System unit;
6.5.9 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
6.5.10 Status in some other state which would qualify a person for in-state tuition in that state.
7.1 No person shall be deemed to be emancipated unless his/her parent(s), as defined in BOT IV.E.2.1 above, has entirely surrendered the right to the care, custody and earnings of such person and unless his/her parent(s) 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.
7.2 Evidence of the following shall be submitted by an applicant and requested by the dean or director of admissions:
7.2.1 Lack of financial support of the person by the parents;
7.2.2 Lack of contribution by the parents to any earnings or other income received by the person;
7.2.3 Failure of the parent to claim the person as a dependent on his/her income or other tax returns;
7.2.4 Establishment by the person of a domicile separate and apart from that of the parent; and
7.2.5 Failure of the person to return to the home of the parent during vacations and other recesses from school.
8.1 Unless the contrary appears to the satisfaction of the dean or director of admissions in individual cases, the following presumptions shall prevail:
8.1.1 A student is presumed to be emancipated from his/her parent(s) when he or she reaches the age of twenty-four (24).
8.1.2 The domicile of an unemancipated person shall be that of his/her parent(s), as defined in BOT IV.E.2.1.
8.1.3 The domicile of any person who first enters the University System from the domicile of his/her parent(s), as defined in BOT IV.E.2.1 above, is that of the parent(s) until s/he abandons such domicile and, for purposes other than that of education, acquires a new domicile;
8.1.4 The domicile of any person who first enters the University System from a domicile other than New Hampshire is such a domicile until s/he abandons such domicile and, for purposes other than that of his/her education, acquires a new domicile; and
8.1.5 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.
9.1 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.
10. Military Personnel
10.1 A member of the Armed Forces of the United States stationed in this state under military orders shall be entitled to classification for himself/herself, spouse and dependent children as in-state for tuition purposes so long as the member remains on active duty in this state pursuant to such orders.
10.2 Individuals receiving educational assistance under 38 U.S.C. § 3001 et seq. or 38 U.S.C. § 3301 et seq., including children or spouses of active service members or veterans eligible for educational assistance under 38 U.S.C. § 3311(b)(9) or 38 U.S.C. § 3319, shall be eligible for the in-state rate while living in this state.
11. Review of Student Status
11.1 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").
11.2 The student may present to the Board such additional evidence as s/he 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.
11.3 The University System Residency Appeals Board shall be comprised of three members who shall be designated by the presidents of each of the System's three 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.
12. Change in Status
12.1 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.
12.2 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.
12.3 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 BOT IV.E.11.1. 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.
13. Student Responsibility to Notify Institution of Changes in Status
13.1 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:
13.1.1 Change in the domicile of their parents; or
13.1.2 Change in their own domicile
13.2 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.
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