N.J. Admin. Code § 9A:5-1.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 9A:5-1.1 - State domicile required

(a) Domicile is defined as the place where a person has their true, fixed, permanent home and principal establishment, and to which, whenever they are absent, they have the intention of returning.

(b) Persons residing in New Jersey for a period of 12 months before first enrolling at a public higher education institution in this State are presumed to be domiciled in this State for tuition purposes.

(c) Persons residing in New Jersey for less than 12 months before first enrolling at a public higher education institution in this State are presumed not to be domiciled in this State for tuition purposes.

(d) Persons presumed not to be domiciled in New Jersey or persons presumed to be domiciled in New Jersey but whose domiciliary status is challenged by the institution may demonstrate domicile in New Jersey according to N.J.A.C. 9A:5-1.2.

(e) Residence established solely for the purpose of attending a particular educational institution does not constitute domicile for tuition purposes.

(f) Dependent students as defined in the rules of the Higher Education Student Assistance Authority at N.J.A.C. 9A:9-2.6 are presumed to be domiciled in the state in which their parent(s) or legal guardian(s) is domiciled. Dependent students whose parent(s) or legal guardian(s) is not domiciled in New Jersey are presumed to be in the State for the temporary purpose of obtaining an education and presumed not to be domiciled in New Jersey.

(g) A dependent student who has been determined to be eligible for State resident tuition shall continue to be eligible despite a change of domicile to another state by the student's supporting parent(s) or legal guardian(s), provided that the student continues to reside in New Jersey during each academic year of enrollment.

(h) United States military personnel and their dependents who are living in New Jersey and are attending public institutions of higher education in New Jersey shall be regarded as residents of the State for the purpose of determining tuition.

1. As used in this subsection, a dependent means an individual who is eligible for covered individual status under 38 U.S.C. § 3679(c).

N.J. Admin. Code § 9A:5-1.1

Amended by 49 N.J.R. 3359(b), effective 10/2/2017

Amended by 54 N.J.R. 1412(b), effective 7/18/2022