Montana Code 20-25-504. Evidence as to domiciliary intent — changes in status
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:
Terms Used In Montana Code 20-25-504
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dependent: A person dependent for support upon another.
- Domicile: means a person's true, fixed, and permanent home and place of habitation. See Montana Code 20-25-501
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a male or female, as defined in 1-1-201, person who has not obtained the age of 18 years. See Montana Code 20-25-501
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Regents: means the board of regents of higher education. See Montana Code 20-1-101
- Resident student: means :
(i)a student who has been domiciled in Montana for 1 year immediately preceding registration at any unit for any term or session for which resident classification is claimed. See Montana Code 20-25-501
- System: means the Montana university system. See Montana Code 20-1-101
- University: means the university of Montana-Missoula. See Montana Code 20-1-101
- Writing: includes printing. See Montana Code 1-1-203
(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.