§ 23-7.4:3. Determinations of eligibility; appeals and guidelines.
A. Each public institution of higher education shall establish an appealsprocess for those students who are aggrieved by decisions regardingeligibility for in-state or reduced tuition charges pursuant to §§ 23-7.4 and23-7.4:2. The Administrative Process Act (§ 2.2-4000 et seq.) shall not applyto these administrative reviews.
An initial determination shall be made. Each appeals process shall include anintermediate review of the initial determination and a final administrativereview. The final administrative decision shall be in writing. A copy of thisdecision shall be sent to the student. Either the intermediate review or thefinal administrative review shall be conducted by an appeals committeeconsisting of an odd number of members. No person who serves at one level ofthis appeals process shall be eligible to serve at any other level of thisreview. All such due process procedures shall be in writing and shall includetime limitations in order to provide for orderly and timely resolutions ofall disputes.
Any party aggrieved by a final administrative decision shall have the rightto review in the circuit court for the jurisdiction in which the relevantinstitution is located. A petition for review of the final administrativedecision shall be filed within thirty days of receiving the written decision.In any such action, the institution shall forward the record to the court,whose function shall be only to determine whether the decision reached by theinstitution could reasonably be said, on the basis of the record, not to bearbitrary, capricious or otherwise contrary to law.
B. To ensure the application of uniform criteria in administering thissection and determining eligibility for in-state tuition charges, the StateCouncil of Higher Education shall issue and from time to time reviseguidelines, including domiciliary status questions to be incorporated by allstate institutions of higher education in their admissions applications.These guidelines shall not be subject to the Administrative Process Act.
An advisory committee, composed of at least ten representatives ofinstitutions of higher education, shall be appointed by the Council each yearto cooperate with the Council in developing the guidelines for determiningeligibility or revisions thereof. The Council shall consult with the Officeof the Attorney General and provide opportunity for public comment prior toissuing any such guidelines.
§ 23-7.4:3. Determinations of eligibility; appeals and guidelines.
A. Each public institution of higher education shall establish an appealsprocess for those students who are aggrieved by decisions regardingeligibility for in-state or reduced tuition charges pursuant to §§ 23-7.4 and23-7.4:2. The Administrative Process Act (§ 2.2-4000 et seq.) shall not applyto these administrative reviews.
An initial determination shall be made. Each appeals process shall include anintermediate review of the initial determination and a final administrativereview. The final administrative decision shall be in writing. A copy of thisdecision shall be sent to the student. Either the intermediate review or thefinal administrative review shall be conducted by an appeals committeeconsisting of an odd number of members. No person who serves at one level ofthis appeals process shall be eligible to serve at any other level of thisreview. All such due process procedures shall be in writing and shall includetime limitations in order to provide for orderly and timely resolutions ofall disputes.
Any party aggrieved by a final administrative decision shall have the rightto review in the circuit court for the jurisdiction in which the relevantinstitution is located. A petition for review of the final administrativedecision shall be filed within thirty days of receiving the written decision.In any such action, the institution shall forward the record to the court,whose function shall be only to determine whether the decision reached by theinstitution could reasonably be said, on the basis of the record, not to bearbitrary, capricious or otherwise contrary to law.
B. To ensure the application of uniform criteria in administering thissection and determining eligibility for in-state tuition charges, the StateCouncil of Higher Education shall issue and from time to time reviseguidelines, including domiciliary status questions to be incorporated by allstate institutions of higher education in their admissions applications.These guidelines shall not be subject to the Administrative Process Act.
An advisory committee, composed of at least ten representatives ofinstitutions of higher education, shall be appointed by the Council each yearto cooperate with the Council in developing the guidelines for determiningeligibility or revisions thereof. The Council shall consult with the Officeof the Attorney General and provide opportunity for public comment prior toissuing any such guidelines.
§ 23-7.4:3. Determinations of eligibility; appeals and guidelines.
A. Each public institution of higher education shall establish an appealsprocess for those students who are aggrieved by decisions regardingeligibility for in-state or reduced tuition charges pursuant to §§ 23-7.4 and23-7.4:2. The Administrative Process Act (§ 2.2-4000 et seq.) shall not applyto these administrative reviews.
An initial determination shall be made. Each appeals process shall include anintermediate review of the initial determination and a final administrativereview. The final administrative decision shall be in writing. A copy of thisdecision shall be sent to the student. Either the intermediate review or thefinal administrative review shall be conducted by an appeals committeeconsisting of an odd number of members. No person who serves at one level ofthis appeals process shall be eligible to serve at any other level of thisreview. All such due process procedures shall be in writing and shall includetime limitations in order to provide for orderly and timely resolutions ofall disputes.
Any party aggrieved by a final administrative decision shall have the rightto review in the circuit court for the jurisdiction in which the relevantinstitution is located. A petition for review of the final administrativedecision shall be filed within thirty days of receiving the written decision.In any such action, the institution shall forward the record to the court,whose function shall be only to determine whether the decision reached by theinstitution could reasonably be said, on the basis of the record, not to bearbitrary, capricious or otherwise contrary to law.
B. To ensure the application of uniform criteria in administering thissection and determining eligibility for in-state tuition charges, the StateCouncil of Higher Education shall issue and from time to time reviseguidelines, including domiciliary status questions to be incorporated by allstate institutions of higher education in their admissions applications.These guidelines shall not be subject to the Administrative Process Act.
An advisory committee, composed of at least ten representatives ofinstitutions of higher education, shall be appointed by the Council each yearto cooperate with the Council in developing the guidelines for determiningeligibility or revisions thereof. The Council shall consult with the Officeof the Attorney General and provide opportunity for public comment prior toissuing any such guidelines.
