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Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.

s 41600. Definition of Community Relations Responsibilities of Campus Presidents.

Note: Authority cited: Sections 66600, 89030, 89035 and 89044, Education Code. Reference: Section 89044, Education Code.Authority cited: Sections 66600, 89030, 89035 and 89044, Education Code. Reference: Section 89044, Education Code.

s 41601. Definition of Community Relations Responsibilities of the Chancellor.

Note: Authority cited: Sections 66600, 89030, 89035 and 89044, Education Code. Reference: Section 89044, Education Code.Authority cited: Sections 66600, 89030, 89035 and 89044, Education Code. Reference: Section 89044, Education Code.

s 41700. Support for Established Programs.
Each campus shall maintain the courses, staff, and facilities necessary to meet the requirements for the degrees and credentials authorized.

Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.

s 41701. Student Personnel Services.
Each campus shall maintain an adequate staff to provide student personnel services to include counseling and testing, activities, and housing, health service, placement, and admissions and records.

Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.

s 41702. Library.
Each campus shall maintain a library containing an adequate supply of books, periodicals, and other instructional materials distributed among the fields of knowledge in which instruction is offered. The library shall be administered by a qualified librarian.

Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.

s 41703. Laboratory School.
Each campus shall, upon approval by the Board of Trustees, provide adequate facilities for observation, demonstration, research, experimentation, supervised teaching and other activities related to Teacher Education programs in order to foster and promote continued improvements in the education of children and of teachers.

Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89047, Education Code.

s 41704. Audio-Visual Aids.
Each campus shall maintain adequate classroom and laboratory facilities and the necessary equipment to provide audio-visual aids to learning.

Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.

s 41705. Television.
Each campus may, with the approval of the Board of Trustees, contract to use open-circuit television facilities for the offering of appropriate instruction.

Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89200, Education Code.

s 41706. Pupil Transportation.

s 41800. Payment of Fees.
(a) Amount Generally. Students and other persons receiving services, facilities or materials provided by the California State University shall pay fees in accordance with the schedule of fees approved by the Board of Trustees.
(b) Time of Payment. A student shall pay any tuition or student services fee, or both, in accordance with the schedule of fees by such time as is determined by the Chancellor; provided that for entering students such fees may not be required earlier than the date of the student's admission to the campus. A student shall pay other fees required by the schedule of fees at the time or times as specified in the first sentence of this subdivision, or later as determined by appropriate campus authorities.
(c) Increase in Unit Load. If the number of units for which a student is registered is increased during the term to a higher student services fee category in the schedule of fees, the student shall pay an additional amount so that the total amount paid as a student services fee shall equal the student services fee for the greater number of units.

Note: Additional authority cited: Section 66600, 89030, 89035 and 89700, Education Code. Reference: Section 89700, Education Code.

s 41800.1. Application Fees.
(a) Definitions.
(1) Semester and Quarter. As used in this section, the words "semester," and "quarter" shall include any semester or quarter other than a special session semester or quarter for which tuition fees are required pursuant to Education Code Section 89708.
(2) Application for Admission. As used in this section, the phrase "application for admission" shall include an application for readmission as well as an application for initial admission to a campus for undergraduate or post-baccalaureate study.
(b) Imposition of Fee. All applications for admission to a campus shall pay an application fee of fifty-five dollars ($55.00) for the processing of the application by the campus.
(c) Time of Payment. Application fees shall be submitted with applications for admission, and no application shall be considered complete unless accompanied by said fee.
(d) Exclusions. This section shall not apply:
(1) to applications for enrollment in extension courses or as an auditor without credit.
(2) to applications for admission submitted by persons enrolled at the campus to which application is made during either of the two semesters or any of the three quarters, as the case may be, immediately preceding the semester or quarter with respect to which the application is submitted, unless such person was enrolled at another institution subsequent to such previous semester or quarter.
(3) to an application transferred at the request of the applicant to a campus by the campus at which it was originally filed, provided that the application fee was paid at the latter if required by this section, and provided further, that the applicant did not enroll at the campus at which the application was previously filed.
(4) to applications for admission which are restricted to certain special programs as designated by the Chancellor.
(5) to applications for admission from individuals as to whom,in the judgment of the president or designee, payment of the fee would constitute undue financial hardship. The Chancellor shall establish appropriate guidelines for implementation of this exclusion.
(6) in the case of a student returning from an authorized planned student leave granted by appropriate campus authority where the principal purpose of the leave was related to the student's educational objective, provided that the conditions of the leave have been met.

Note: Authority cited: Sections 89030 and 89700, Education Code. Reference: Section 89700, Education Code.

s 41800.2. Instructionally Related Activities Fee.
The Chancellor is authorized to establish and adjust an Instructionally Related Activities fee which shall be assessed of all regular students of the California State University. The Chancellor shall adopt such rules and procedures as may be necessary or appropriate to administer the authorization granted herein. The revenues derived from the Instructionally Related Activities fee shall be used for the support of instructionally related activities in the California State University subject to such rules and procedures as the Chancellor shall prescribe.

Note: Authority cited: Sections 66600, 89030, 89035 and 89700, Education Code. Reference: Section 89700, Education Code.

s 41801. Exemption from Fees Under Education Code Section 32320.

Note: Authority cited: Section 89030, Education Code. Reference: Section 32320, Education Code.

s 41802. Refund of Fees Including Nonresident Tuition.
(a) General. Money collected as a mandatory fee or nonresident tuition may be refunded in accordance with the provisions of this section.
(b) Cancellation of Registration. A student who registers for classes for an academic period and who drops all classes or otherwise cancels registration for the period prior to the first day of instruction for that period shall be entitled to a refund of all tuition and mandatory fees paid less an administrative charge established by the campus.
(c) Adjustment of Registration. A student who, within the campus designated drop period and in accordance with the campus procedures, drops units resulting in a lower tuition and/or mandatory fee obligation shall be entitled to a refund of applicable tuition and mandatory fees less an administrative charge established by the campus.
(d) Withdrawals.
(1) For state-supported semesters, quarters and non-standard terms or courses of four (4) weeks or more: A student who, on or after the first day of instruction and up to a date that includes the sixty percent point in the academic period, either
(A) drops all of the courses in which the student enrolled prior to the end of the campus-designated drop period, or
(B) officially withdraws for the enrollment period in accordance with university procedures, shall be entitled to a refund of tuition and mandatory fees on the basis of the proportion represented by the number of days in the academic period, excluding breaks of five days or more. A student who officially withdraws from the university after the sixty percent point in the academic period, fails to drop classes prior to the end of the campus drop period, or fails to officially withdraw from the campus, shall not be entitled to any refund of tuition or mandatory fees.
(2) For state-supported, non-standard terms or courses of less than four (4) weeks: a student registered for a state-supported, academic period or any course of less than four (4) weeks in duration shall not be entitled to any refund of tuition and mandatory fees if the student fails to either drop the courses or cancel registration prior to the first day of instruction for state-supported, non-standard terms or the first scheduled meeting of a state-supported course of less than four weeks that occurs during a regular semester or quarter.
(3) For self-support, special sessions and extension course tuition fees: Refunds of tuition and fee charges for self-support, special sessions and extension courses shall be made in accordance with policies and procedures established by the campus offering the session or course.
(e) Exceptions. Notwithstanding subdivision (d):
(1) Tuition and mandatory fees shall be refunded and an administrative charge may not be retained if
(A) The tuition and mandatory fees were assessed or collected in error;
(B) The course for which the tuition and mandatory fees were assessed or collected was cancelled by the university;
(C) The university makes a delayed decision that the student was not eligible to enroll in the term for which mandatory fees were assessed and collected and the delayed decision was not due to incomplete or inaccurate information provided by the student; or
(D) The student was activated for compulsory military service.
(2) Tuition and mandatory fees may be refunded if the student or an authorized representative petitions the university for a refund demonstrating exceptional circumstances and the chief financial officer of the university or designee makes a determination that the tuition and mandatory fees have not been earned by the university.
(f) Payment of Refunds: Any refund of tuition and mandatory fees shall be applied in the following order:
(1) Any refunds shall first be applied toward any required return of funds that had been received by the student or on his/her behalf from federal, state, institutional, or external sources that were conditioned on the student's enrollment.
(2) The balance of any refunds shall be returned to the student or, with the student's concurrence, carried as a credit balance on the student's account with the university.
(g) Penalty Fees, Deposits, and Security or Guaranty Fees. Fees assessed to reimburse the university for additional costs resulting from dishonored payments, late submissions, or misuse of property are not subject to refund. Fees collected as a security or guarantee shall be refundable as determined by the university based on terms stipulated at the time and in accordance with conditions of their collection.
(h) "Mandatory fees," as used in this section, means systemwide fees and campus fees that are required to be paid in order to enroll in state-supported academic programs.
(i) Since the change arises in the middle of an academic year, campuses may refund fees including nonresident tuition fees following the former refund standards during a transition period that shall end with the commencement of the Fall term 2002.

Note: Authority cited: Sections 68051, 89030 and 89700, Education Code. Reference: Sections 68051 and 89700, Education Code.

s 41802.1. Refund of Fees and Charges for First-Time Students Receiving Title IV Financial Aid.

Note: Authority cited: Sections 89030 and 89700, Education Code. Reference: Sections 89030 and 89700, Education Code; Title 20 United States Code, Section 1091b (106 STAT. 619-620).


s 41803. Refund of Parking Fees.

Note: Authority cited: Sections 66600, 89030, 89035 and 89700, Education Code. Reference: Section 89700, Education Code.

s 41804. Waiver or Reduction of Fees for Employee Training and Career Development.
(a) Fees may be waived entirely or reduced for employees of The California State University enrolling in courses offered by The California State University in accordance with this section.
(b) Fee waivers or reductions may be authorized by the Chancellor or designee for full-time permanent or probationary employees or permanent part-time employees or Management Personnel Plan employees who enroll in work-related courses which are necessary for improving skills for existing employment with The California State University, or which are necessary for advancement, in accordance with a career development plan, at The California State University.
(c) Before such waiver or reduction may be granted, the Chancellor or designee shall approve the course as being work related and necessary for improving skills for existing employment or, as the case may be, shall approve the career development plan and the course as being work related and necessary for advancement in accordance with a career development plan at The California State University.
(d) The Chancellor or designee may authorize reduction, but not a full waiver, of student body association fees and fees authorized or required to be charged under the State College Revenue Bond Act of 1947 (Education Code Sections 90010 et seq.) and resolutions adopted thereunder.
(e) Full-time permanent or probationary employees or permanent part-time employees or Management Personnel Plan employees who are not admitted to a campus pursuant to the admission requirements of Subchapter 3 of this Chapter may be admitted to a campus for the purpose of enrolling in courses which meet the requirements of and are approved pursuant to this section subject to rules prescribed by the Chancellor or designee. Such admission shall be only for the purpose of enrolling in such courses.
(f) "Full-time permanent or probationary employees," or "Management Personnel Plan employees" as used in this section, shall include full-time permanent or probationary employees or Management Personnel Plan employees who are on an approved full or partial leave of absence with or without pay.
(g) The appropriate campus authority may reduce the level of services, except instructional services, which may be provided to employees who enroll in work-related courses where the fees paid by such persons are below the fee levels normally charged.

Note: Authority cited: Sections 89030 and 89710, Education Code. Reference: Section 89710, Education Code.

s 41900. Amount of Tuition.
A nonresident student of a campus shall pay tuition, in addition to other fees specified in Section 41800, in accordance with the schedule of fees established by the Chancellor in accordance with this Article.

Note: Authority cited: Sections 66600, 68051, 89030, 89035 and 89705, Education Code. Reference: Sections 68050, 68051 and 89705, Education Code.

s 41901. Nonresident Tuition, Amount and Time of Payment.
(a) Time of Payment.
Nonresident tuition shall be collected at the time of registration except:
(1) When a student loan or other financial assistance from a student aid program or a training program recognized by the campus has been delayed and there is reasonable proof acceptable to the chief fiscal officer of the campus or designee that the funds will be forthcoming; or
(2) When changes are made during the change of program period which result in a higher fee category than paid at the time of registration, in which case the additional fee required shall, subject to (1) above, be paid immediately upon demand by the campus; or
(3) As provided in Section 41901.5.
(b) Amount.
The nonresident tuition fee shall be based on:
(1) the average cost of the net state Support Budget programs of Instruction and Academic Support, which shall be computed annually based on the Board of Trustees' Budget submitted to the Governor. The average cost for this purpose shall be computed by adding the entire net state support at the campus level for the Instruction and Academic Support programs, and dividing the result by the number of full-time equivalent students projected in the Board of Trustees budget request for the California State University; or
(2) the amount stipulated in the Governor's Budget, if that amount is greater than the amount in subdivision (b)(1); or
(3) the amount stipulated in the budget as finally enacted if that amount is greater than the amount in subdivision (b)(1) and different from the amount in subdivision (b)(2).
The schedule of nonresident tuition fees shall be issued annually by the Chancellor to be effective with the fall term. These amounts, as well as all other fees which the Board of Trustees is authorized by law to charge, are subject to change without notice.

Note: Authority cited: Sections 68051, 89030 and 89705, Education Code. Reference: Sections 68050, 68051 and 89705, Education Code.

s 41901.5. Installment Payment of Nonresident Tuition.
(a) Nonresident students who are citizens and residents of a foreign country and not citizens of the United States may pay nonresident tuition on an installment basis. The installments for each term's tuition, except as hereinafter provided, shall be three equal payments at campuses on semester calendars, and two equal payments at campuses on quarter calendars. At California State University, Stanislaus, the nonresident tuition for the winter term shall be collected at the time of registration.
(b) A service charge shall be paid with each installment payment to cover the cost of handling. Such charge shall be in accordance with the schedule of charges established by the Chancellor and shall be sufficient to cover the cost of administering this installment payment plan.

Note: Authority cited: Sections 66600, 68051, 89030, 89705 and 89707.5, Education Code. Reference: Section 89707.5, Education Code.Authority cited: Sections 66600, 68051, 89030, 89705 and 89707.5, Education Code. Reference: Section 89707.5, Education Code.

s 41902. Definition of "Continuous Attendance."
As used in Education Code Section 68016, "continuous attendance" as it refers to attendance by a student at any campus or campuses of The California State University means enrollment in not less than 12 units per semester for two semesters within an academic year, or 12 units per quarter for three quarters within an academic year. For purposes of computing units for graduate level courses taken by graduate students, a weighing factor of 1.5 shall be applied to each unit. To be enrolled full time, a student need not enroll in summer session, and summer session units are not includable for purposes of determining whether a student is enrolled full time. This definition is limited in its application to determinations pursuant to Chapter 1 (commencing with Section 68000) of Part 41, Division 5 of the Education Code, and to this article.

Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68016, Education Code.

s 41903. Residence Determination Date.
The residence determination date for each term shall be set by the Chancellor. One date shall be specified for all campuses of The California State University on the semester system, and one date for all campuses on the quarter system.

Note: Authority cited: Sections 66600, 68023, 68044, 89030 and 89035, Education Code. Reference: Section 68023, Education Code.

s 41904. Residence Requirement.
In order to be classified as a resident for tuition purposes, a student must have been a legal resident of the State of California for more than one year immediately preceding the residence determination date for the term during which the student proposes to attend a campus of the California State University. All students not classified as residents for tuition purposes shall be classified as nonresident students for tuition purposes irrespective of whether such students have residence in another state or territory of the United States or in a foreign country.

Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Sections 68017 and 68018, Education Code.

s 41905. Evidence of Residence.
In order to establish a residence, it is necessary that there be a union of act and intent. The act necessary to establish legal residence is physical presence within the State of California. Relevant indicia of intent to make California one's residence include, but are not limited to: voting in elections in California and not in any other state; satisfying resident State personal income tax obligations; establishing an abode in the state where one's belongings are kept; licensing from the State for professional practice; maintaining active resident memberships in California professional or social organizations; maintaining California vehicle plates and operator's license; maintaining active savings and checking accounts in California banks; maintaining permanent military address or home of record in California if in the armed forces; engagement in litigation for which residence is required; showing California as home address on federal income tax forms; and the absence of these indicia outside California during any period for which a residence in California is asserted. Documentary evidence, including but not limited to the foregoing, may be required. No single factor is controlling or decisive.

Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Sections 68044 and 68062, Education Code.

s 41906. Evidence Required for Application of Statutory Exceptions to Non-Resident Tuition Classification.
(a) Any minor or eighteen-year-old student claiming application of the self-support exception pursuant to Section 68071 of the Education Code shall provide evidence to the appropriate campus authority including, but not limited to: documentation showing earnings for the year immediately preceding the opening day of the semester or quarter of attendance in the form of a statement from the employer or federal withholding form, a statement that the student has actually been present in California for said year (short durational stays away from the state are permitted), and a statement showing all expenses of the student for said year.
(b) (1) A dependent natural or adopted child, stepchild or spouse of a member of the armed forces of the United States claiming residence status pursuant to Section 68074 of the Education Code shall provide the appropriate campus authority with the following documents:
(A) A statement from the military person's commanding officer or personnel officer that the military person is stationed in California on active duty as of the residence determination date, and
(B) A statement that the student is a dependent of the military person and was claimed as a dependent for federal income tax purposes.
(2) A student dependent qualifying under this exception shall not lose his or her resident classification until he or she has resided in the state the minimum time necessary to become a resident. This exception shall continue to apply even though the member of the armed forces whose dependent is a student in attendance is either (A) transferred on military orders outside of this state and continues to serve, or is (B) retired as an active member of the armed forces.
(c) A student claiming application of Section 68075 of the Education Code shall provide the appropriate campus authority with a statement from the student's commanding officer or personnel officer stating that the assignment to active duty in this State is not for educational purposes. The student shall also produce evidence showing the date of assignment to California.
(d) A student claiming resident status pursuant to Section 68078 of the Education Code shall provide the appropriate campus authority with a statement from the employer showing employment by a school district in a full-time position requiring certification qualifications for the academic year in which the student enrolls. The student must also show that he or she holds a provisional credential and will enroll in courses necessary to obtain another type of credential authorizing service in the public schools, or that the student holds a credential issued pursuant to Section 44250 of the Education Code and is enrolled in courses necessary to fulfill credential requirements or is enrolled in courses necessary to fulfill the requirements, of the fifth year of education prescribed by subdivision (b) of Section 44259 of the Education Code.
(e) A child, natural or adopted, or a spouse of a deceased California resident who, at time of death, was employed by a public agency whose principal duties for that agency were active law enforcement service or active fire suppression and prevention and who was killed in the performance of active law enforcement or active fire suppression and prevention duties or who died as a result of an accident or an injury caused by external violence or physical force, incurred the performance of active law enforcement or active fire suppression and prevention duties, claiming exemption from tuition pursuant to Section 68120 of the Education Code shall provide the appropriate campus authority with documentary evidence showing:
(1) Legal relationship to deceased;
(2) California residence of deceased at time of death;
(3) Deceased was employed by a public agency at time of death;
(4) Principal duties of deceased at time of death were active law enforcement service or active fire suppression and prevention service;
(5) Principal duties of deceased were not clerical; and
(6) Deceased was killed on duty as a result of an accident or an injury caused by external violence or physical force incurred in the performance of his or her active law enforcement or active fire suppression and prevention duties.
The appropriate campus authority may request evidence to establish any other fact reasonably necessary to determine eligibility for exemption from tuition.
(f) Any minor or eighteen-year-old student claiming application of the care and control exception pursuant to Section 68073 of the Education Code shall provide evidence to the appropriate campus authority including, but not limited to, evidence of living for two years with, and under the direct care and control of, an adult or adults, other than a parent, and evidence of domicile of such adult or adults.

Note: Authority cited: Sections 68044 and 89030, Education Code. Reference: Sections 68071, 68073, 68074, 68075, 68078 and 68120, Education Code.Authority cited: Sections 68044 and 89030, Education Code. Reference: Sections 68071, 68073, 68074, 68075, 68078 and 68120, Education Code.

s 41906.5. Nonresident Tuition Exemption for California High School Students.
(a) Any student, other than a student who is nonimmigrant alien under Title 8, United States Code, Section 1101(a)(15), shall be exempt from paying nonresident tuition at any California State University campus if he or she:
(1) Attended high school in California for three or more years.
(2) Graduated from a California high school or attained the equivalent of such graduation; and
(3) Registered for or enrolled in a course offered by a California State University campus for any term commencing on or after January 1, 2002.
(b) Any student seeking an exemption under subdivision (a) shall complete a questionnaire furnished by the California State University campus of enrollment verifying eligibility for this nonresident tuition exemption and may be required to provide verification documentation in addition to the information required by the questionnaire. Nonpublic student information so provided shall not be disclosed except pursuant to law.
(c) In addition to the requirements of subdivision (a), any student without lawful immigration status shall file with the California State University campus an affidavit of enrollment on a form furnished by the campus stating that he or she has filed an application to legalize his or her immigration status or will file such an application as soon as he or she is eligible to do so.
(d) A student seeking this tuition exemption has the burden of providing evidence of compliance with the requirements of this section.
(e) Nothing herein modifies eligibility standards or requirements for any form of student financial aid.

Note: Authority cited: Sections 68130.5 and 89030, Education Code. Reference: Section 68130.5, Education Code.

s 41907. Residence Classification Procedures.
Residence classification of new and returning students, of students requesting reclassification, and of other students as to whom a reclassification may be necessary shall be made for each term at each campus of the California State University commencing at the time processing is commenced on applications for admission or readmission. Classifications shall be based on evidence presented in, and supporting, applicants' answers to uniform residence questionnaires and supplemental residence questionnaires approved by the Chancellor, such further evidence of residence deemed necessary by the institution, and such further evidence of residence as the applicant submits. Applicants answering their residence questionnaires and supplemental residence questionnaires in California shall be required to certify them under penalty of perjury or certify them under oath before an employee of the Trustees authorized by the Chancellor at each institution to administer such oaths. Applicants answering their residence questionnaires outside of California shall be required to certify them under oath before a person authorized to administer oaths under the laws of the political entity where the oath is to be administered.

Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68044, Education Code.

s 41908. Appeals.
Any student, following a final campus decision concerning the student's residence classification, may make written appeal to the Office of General Counsel in the Chancellor's Office within 120 calendar days of notification of the final campus decision. The Office of General Counsel may decide the issue, or it may send the matter back to the institution with instructions for a further review.

Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68044, Education Code.

s 41909. Exceptions from One-Year Waiting Period.

s 41910. Employee Exception.
A student who is a full-time employee of the Trustees or of any state agency or a student who is a child or spouse of a full-time employee of the Trustees or of any state agency shall be entitled to classification as a resident for tuition purposes until he or she has resided in California the minimum time necessary to become a resident. This section does not apply to student assistants or employees who work all year on a part-time basis, or full time on a less than annual basis.
For purposes of this section, "employee of any state agency" is limited to a person employed by the State of California who is assigned to work outside of the state.

Note: Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68079, Education Code.Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68079, Education Code.

s 41911. Agreements of Other Institutions.
Notwithstanding any regulations or rules of governing boards or district governing boards of community colleges, agreements entered into by such governing entities pursuant to Education Code Section 68131 shall have no effect on residence classification for tuition purposes, nor on the obligation to pay non-resident tuition, in the California State University.

Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68131, Education Code.

s 41912. Tuition Determinations.
The Chancellor may establish procedures for the making of, and where appropriate make, all determinations authorized by the Education Code with respect to applicability, exemptions, and waivers of non-resident tuition and fees.

Note: Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Sections 68044, 68121, 68123, 68124, 68130, 68131, 89705, 89706, 89707 and 89710, Education Code.

s 41913. Refund of Nonresident Tuition.

Note: Authority cited: Sections 66600, 68051, 89030 and 89035, Education Code. Reference: Sections 68051 and 89705, Education Code.

s 41914. Change of Program.
(a) Registering for Additional Units During a Term. Any nonresident student, who registers for additional units during the semester, academic year quarter, or academic summer quarter shall pay the established fee for each unit or fraction of a unit so added.
(b) Dropping Units During Term. A nonresident student may upon application made within the time limits specified in Section 41913 receive a refund in the amounts listed in that section for any unit or fraction of a unit dropped with the consent of the campus during a semester, academic year quarter, or academic summer quarter.

Note: Authority cited: Sections 66600, 68051, 89030 and 89705, Education Code. Reference: Sections 68050, 68051 and 89705, Education Code.

s 41915. Adult Aliens.
An adult alien may establish a residence unless he or she is precluded by the Immigration and Nationality Act from establishing domicile in the United States. The alien must present documentation to the appropriate campus authority verifying his or her immigration status.

Note: Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68062(h), Education Code.

s 41916. Minor Aliens.
A minor alien shall be entitled to a resident classification if (1) both the student and the student's parent(s) are not precluded by the Immigration and Nationality Act from establishing domicile in the United States and (2) the parent(s) have established a residence in California more than one year prior to the residence determination date.

Note: Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68062(i), Education Code.

s 42000. Definitions.
Unless the context otherwise requires, the definitions hereafter set forth shall govern the construction of Articles 5 and 6 of this Subchapter.
(a) Licensee. Licensee means any student or other person who has executed a license and who has been granted permission to use a housing facility for a fee period. Where the context requires it, the term licensee also means any student or other person who has a reservation for a housing facility.
(b) License. License means the document approved by the president which grants permission to use a housing facility and which contains the terms and conditions upon which such use is permitted. The license shall have imprinted thereon the words, "The use of housing facilities is subject to Articles 5 and 6 of Subchapter 5 of Chapter 1 of Part V (Sections 42000 through 42103) of Title 5 of the California Administrative Code."
(c) Campus. Campus means any campus issuing licenses to students or other persons for the use of housing facilities.
(d) Housing Facility. Housing facility includes, but is not limited to, any individual or group living unit in a state owned or operated residence hall, family dwelling, apartment, trailer or trailer space which is operated under the authority of Sections 90000-90002 or Section 90012 of the Education Code.
(e) President. President means the campus president or his or her authorized representative or representatives.
(f) Student. Student means any individual currently enrolled in six (6) or more semester units of instruction, or an equivalent number of quarter units of instruction, in the regular program of the campus where the housing facility is located or any individual currently enrolled in one or more courses during a special session of such campus provided enrollment is during the summer.
(g) Fee Period. Fee period means a period for which a license is granted and may extend for an academic year, semester, quarter, or other period or session established by the president.
(h) License Fee. License fee means the consideration required of a licensee for the right to use a campus housing facility for a fee period.
(i) Service Fee. Service fee means a non-refundable fee required of a licensee to cover the added costs incurred in collecting and processing a license fee by installments.
(j) Late Fee. Late fee means a payment required of a licensee who fails to pay any fee when due.
(k) Advance Payment of Fees. Advance payment of fees means the receipt by the president of the license fee and any security deposit or service fee from a licensee on or before the first day of the fee period or due date of any payment by installment.
(l) Reservation. Reservation means a confirmation by the president, upon receipt of the designated advance payment of fees, that a housing facility will be made available in accordance with this Article.
(m) Cancellation. Cancellation means the termination of a reservation by the licensee as provided in this Article, prior to the beginning of the fee period.
(n) Vacating. Vacating means the termination of a license by the licensee as provided in this Article, on or after the beginning of the fee period.
(o) Revocation. Revocation means the termination of a reservation or license by the president as provided in this Article, whether before, on, or after the beginning of a fee period.
(p) Visitor. Visitor means any person permitted by the licensee or president to visit a housing facility.
(q) Guest. Guest means any person, including a visitor but other than a licensee, who is permitted by a licensee or the president tomake use of any housing facility. Such use shall be deemed to mean the use of any housing facility for sleeping or bathing purposes.
(r) Guest Fee. Guest fee means the consideration required of a guest for the use of a campus housing facility.
(s) Administrative Necessity. Administrative necessity exists when any condition not reasonably foreseen at the time of confirming a reservation, issuing a license, or renewing a license occurs and prevents the campus from making or continuing to make a housing facility available to the licensee. Such conditions shall include, but not be limited to, damage caused by floods, slides, fire, earthquake, other natural disasters and vandalism; civil disorder; compliance with state or federal law; or interruption of basic services because of labor strife. Such conditions shall also include a drop in the rate of cancellations not reasonably foreseen by the campus, if such drop results in an overbooking of available housing facilities.
(t) Shall and May. The word "shall" means that the action is mandatory. The word "may" means that the action is permissive.

Note: Authority cited: Sections 66600, 89030, 89035, and 90012, Education Code. Reference: Section 90000, Education Code.

s 42001. License.
Each licensee shall sign the license on or before the beginning of the fee period. Any licensee who is a minor shall have his or her parent or guardian sign the license as a guarantor. When reasonably necessary, the president may require a guarantor for other licensees. The campus shall retain the license and a copy of the terms and conditions thereof shall be provided to the licensee.

Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42002. Assignment of Priority.
Students of a campus shall have first priority to use housing facilities of that campus. The president may permit others, including groups as authorized by Section 42003, to use such facilities only when student demand is insufficient to fill all campus housing facilities.

Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42003. Special Group Arrangements.
Housing facilities may be made available to groups, provided a representative authorized to do so executes an appropriate agreement on behalf of the group, which agreement shall set forth the fee established by the Chancellor to be charged of such groups. Any group may, at the discretion of the president, be excepted from the payment of a security deposit.
A charge in addition to the fee established by the Chancellor pursuant to Section 42004 may be made by the campus of groups to cover additional costs whenever the group requires additional services, materials, goods, or special supervision.

Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42004. Schedule of Fees.
All fees authorized by this Article shall be charged in accordance with a schedule of fees periodically established by the Chancellor.

Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42005. Approved Guests.
(a) Guests of a Licensee. Licensees shall secure such approval as is required by the president prior to inviting any person to be a guest of the licensee. The president may charge a guest fee of any guest for the first two days of housing facility use per calendar month and shall charge a guest fee of all guests for each day of such use in excess of two days per calendar month.
(b) Guests of a Campus. Guests of a campus shall be charged fees in accordance with the schedule of fees established pursuant to Section 42004.

Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42006. Non-Approved Guests.
Non-approved guests of a licensee shall be charged a fee established pursuant to Section 42004 of this Article. If a licensee knew or should have known that one of his or her invites would make use of a housing facility and failed to secure approval of the president prior to such use, that licensee shall be jointly and severally liable for the fee charged of such guest.

Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42007. Licensee's Responsibility for Conduct of Visitors and Guests.
A licensee shall be jointly and severally liable with guests or visitors of such licensee for all negligent or intentional damage to any housing facility caused by such guests or visitors.

Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42008. Advanced Payment of Fees.
Except as authorized by Section 42010, all fees are due and payable in advance. A late fee shall be charged of a licensee who fails to pay any fee when due.

Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42009. Installment Payments.
A president may permit a licensee to pay license fees in installments, provided each installment is paid in advance of the period covered by the installment, and provided further that the licensee pays the service fee established pursuant to Section 42004.

Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42010. Deferment of Fee Payment.
A resident may defer payment of license fees for licensees who are able to demonstrate that they will receive federal, state, or other financial aid and that such aid will be distributed to the licensee subsequent to the beginning of the fee period. A demonstration of this kind shall include appropriate verification by the campus financial aid office. The Chancellor shall establish terms and conditions for the administration of this section.

Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42011. Failure to Pay Fees.
Except as authorized by Section 42010, any licensee who fails to pay all fees in advance shall have his or her license revoked as of the last day covered by any prior license fee.

Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42012. Termination of Use of the Facility.
Every licensee shall vacate the housing facility used by that licensee on the expiration of the license period, or upon termination of his or her license to use the facilities, whichever is sooner. Any licensee who does not vacate the housing facility as required by this section shall be evicted therefrom in the manner provided by the laws of the State of California for the eviction of a licensee whose license has been terminated. The matter shall be referred either to a small claims court with jurisdiction over such matters or to the Attorney General of the State of California for appropriate legal action. Any property of the licensee remaining in the housing facility may be removed without force and stored by the campus at the expense and risk of the licensee.

Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42013. Revocation of Reservation or License.
A president may revoke a reservation or license for the following reasons:
(a) Disciplinary action taken against the licensee pursuant to Sections 41301- 41304 of Article 2 of Subchapter 4 of this Chapter;
(b) Because of administrative necessity of the campus;
(c) Licensee's failure to maintain status as a student (other than pursuant to discipline);
(d) Licensee's breach of any of the terms and conditions of the license, including failure to pay required fees.
Whenever the president revokes a reservation or a license, he or she shall give the licensee reasonable notice of the revocation. Notice of revocation of a license shall be served in the manner prescribed by Section 1162 of the Code of Civil Procedure.

Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42014. Security Deposits.
A licensee may be required to pay a refundable security deposit. The purpose of the security deposit is to assure the campus that the facility will be occupied by the licensee for the fee period, that all housing fees will be paid, that no damage or loss of property or extraordinary wear will occur and that the housing facility will be left in a reasonably clean condition. The Chancellor shall determine, on a campus-by-campus basis as recommended by the president, whether or not a security deposit will be charged of licensees and, if so, the amount of such deposit.

Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42015. Cancellation of Reservation.
If written notice of cancellation of a reservation for a housing facility is received by the president at least 30 days prior to the beginning of the fee period, the reservation and any license shall be canceled. If a licensee requests to cancel a reservation less than 30 days prior to the beginning of the fee period, the request shall contain the reasons therefor. The president, using the standards established pursuant to Section 42017 of this Article, may grant or deny the request to cancel.

Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42016. Notice of Vacating.
Any licensee who requests to vacate a housing facility shall give at least 30 days' written notice of intention to vacate and the reasons therefor. The president, using the standards established pursuant to Section 42017, may grant or deny the request to vacate.

Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.

s 42017. Acceptance of Request to Cancel or Vacate.
The president shall identify in the license reasonable standards that he or she will apply in determining whether to grant or deny a request to cancel a reservation less than 30 days prior to the beginning of the fee period or a request to vacate. (continued)