municipal university or community college may request a review, by an appeal
committee, of any determination made pursuant to K.A.R. 88-27-1
. The municipal
university or community college shall submit a written request for review to
the state board within 15 days of the date that the notice provided for in
was mailed to the municipal university or community college.
(b) Within 10 days of the receipt
of a request for review, an appeal committee shall be appointed by the vice
president of academic affairs that consists of three persons who are members of
the board staff. The appeal committee shall not include any of the board staff
who have participated in the initial decision regarding out-district tuition.
A date, time, and place for a
hearing on the matter shall be fixed by the vice president for academic affairs
upon receipt of a request for review. The county and each of the institutions
that is interested in the matter shall be notified by mail. The date for the
hearing shall be at least 10 days, but not more than 30 days, after the date
the request for review was received by the vice president for academic affairs.
The appeal committee shall be provided with the release of out-district funds
form completed in accordance with K.A.R. 88-27-1
and a copy of the information
concerning the courses of study or programs upon which the determination was
(d) At the hearing of the
appeal committee, the county, each of the institutions that has an interest in
the matter, and any of the board staff who participated in the initial
determination shall be allowed to present information concerning the matter.
Based upon information provided in the release of out-district funds form,
information concerning courses of study and programs, and information provided
at the hearing, the appeal committee shall determine whether the municipal
university is authorized to charge out-district tuition for the student.
(e) Within 10 days of the hearing,
a written statement indicating the determination of the appeal committee and
the reason or reasons for the determination shall be prepared by the vice
president for academic affairs. The statement also shall direct the municipal
university to charge out-district tuition for the student or shall advise the
municipal university that out-district tuition will not be charged for the
prepared under subsection (e) shall be mailed by the vice president for
academic affairs to the persons and entities specified in K.A.R. 88-27-1
decision of the appeal committee shall be final.