20-25-504. Evidence as to domiciliary intent -- changes in status. (1) To determine the domicile of a person, the units of the system shall apply the following rules:

(a) Nonpayment of Montana income tax by a person whose income is sufficient to be taxed is highly persuasive evidence of non-Montana domicile.

(b) A person shall intend to establish a domicile in Montana.

(2) After registration, a student's classification for tuition and fee purposes remains unchanged in the absence of evidence to the contrary. A written statement of the evidence must be filed with the registering authority of the unit. Changes in classification must be in writing signed by the registering authority and take effect at the student's next registration.

(3) A minor shall qualify for a change in status only if the minor's parents or the parent having legal custody or, if neither parent has legal custody, the parent with whom the minor customarily resides or legal guardian or person having legal custody completes the requirements for establishing domicile.

(4) It is presumed a minor or adult registered as a full-time student at any unit is not qualified for a change in the person's dependent's classification for tuition and fee purposes unless the person completes 12 continuous months of residence while not attending a unit of the system or other institution of higher learning or while serving in the armed forces.

(5) Any student whose request for classification as a resident student is denied has the right of appeal to the executive secretary of the Montana university system. Immediately upon rejection and at the request of the student, the registering authority shall forward a copy of the authority's decision and a complete file on the student to the executive secretary. The executive secretary may accept other evidence of residence from either the student, the registering authority, or other interested persons. Within 30 days of the receipt of the decision of the registering authority, the executive secretary shall determine the resident status of the student and shall notify the student and the registering authority of the decision. The executive secretary's decision may be appealed to the regents if the regents agree to entertain an appeal.

History: En. 75-8704 by Sec. 55, Ch. 2, L. 1971; amd. Sec. 3, Ch. 395, L. 1971; amd. Sec. 3, Ch. 164, L. 1975; R.C.M. 1947, 75-8704; amd. Sec. 337, Ch. 56, L. 2009.