SECTION 21.28. Errors in Classification

(a) If an institution erroneously classifies a person as a resident, the institution shall charge nonresident tuition to the person beginning with the semester following the date that the institution discovers the error.

(1) Not earlier than the first day of the following semester, the institution may notify the person that he or she must pay the difference between resident and nonresident tuition for each previous semester in which the student should not have paid resident tuition, if:

(A) the person failed to provide to the institution, in a timely manner after the information becomes available or on request by the institution, any information that the person reasonably should know would be relevant to an accurate classification by the institution under this subchapter information; or

(B) the person provided false information to the institution that the person reasonably should know could lead to an erroneous classification by the institution under this subchapter.

(2) If the institution provides notice under paragraph (1) of this subsection, the person shall pay the applicable amount to the institution not later than the 30th day after the date the person is notified of the person's liability for the amount owed. After receiving the notice and until the amount is paid in full, the person is not entitled to receive from the institution a certificate or diploma, if not yet awarded on the date of the notice, or official transcript that is based at least partially on or includes credit for courses taken while the person was erroneously classified as a resident of this state.

(b) If an institution erroneously classified a person as a nonresident of this state under this subchapter and the person is entitled or permitted to pay resident tuition, the institution shall charge resident tuition to the person beginning with the semester in which the institution discovered the error. Regardless of the reason for the error, the institution shall immediately refund to the person the amount of tuition the person paid in excess of resident tuition.

Source Note: The provisions of this §21.28 adopted to be effective May 21, 2008, 33 TexReg 3939; amended to be effective November 23, 2016, 41 TexReg 9133