                                 CODE OF VIRGINIA

DETERMINATIONS OF ELIGIBILITY; APPEALS AND GUIDELINES (§ 23.1-510)

A. Each public institution of higher education shall establish an appeals
process for those students who are aggrieved by decisions regarding eligibility
for in-state or reduced rate tuition charges pursuant to this chapter. The
Administrative Process Act (&#xA7; 2.2-4000 et seq.) shall not apply to these
administrative reviews.

B. Each appeals process shall include an initial determination, an intermediate
review of the initial determination, and a final administrative review. The
final administrative decision shall be in writing. A copy of this decision shall
be sent to the student. Either the intermediate review or the final
administrative review shall be conducted by an appeals committee consisting of
an odd number of members. No individual who serves at one level of this appeals
process is eligible to serve at any other level of this appeals process. All
such due process procedures shall be in writing and shall include time
limitations in order to provide for orderly and timely resolutions of all
disputes.

C. Any party aggrieved by a final administrative decision has the right to
review in the circuit court for the jurisdiction in which the relevant
institution is located. A petition for review of the final administrative
decision shall be filed within 30 days of receiving the written decision. In any
such action, the institution shall forward the record to the court, whose
function is only to determine whether the decision reached by the institution
could reasonably be said, on the basis of the record, not to be arbitrary,
capricious, or otherwise contrary to law.

D. To ensure the application of uniform criteria in administering this section
and determining eligibility for in-state tuition charges, the Council shall
issue and revise domicile guidelines to be incorporated by all public
institutions of higher education in their admissions applications. Such
guidelines are not subject to the Administrative Process Act (&#xA7; 2.2-4000 et
seq.). The Council shall consult with the Office of the Attorney General and
provide opportunity for public comment prior to issuing any such guidelines.

E. An advisory committee composed of at least 10 representatives of public
institutions of higher education and private institutions of higher education
shall be appointed by the Council each year to cooperate with the Council in
developing the guidelines for determining eligibility or revisions of such
guidelines.

HISTORY: 1996, cc. 931, 981, § 23-7.4:3; 2016, c. 588.