(1)Notwithstanding any other provision of law:
(1)(a) (1)(a)(i) The board may determine when to grant a full or partial waiver of the nonresident differential in tuition rates charged to undergraduate students pursuant to reciprocal agreements with other states.
(1)(a)(ii) In making the determination described under Subsection (1)(a)(i), the board shall consider the potential of the waiver to:
(1)(a)(ii)(A) enhance educational opportunities for Utah residents;
(1)(a)(ii)(B) promote mutually beneficial cooperation and development of Utah communities and nearby communities in neighboring states;
(1)(a)(ii)(C) contribute to the quality of educational programs; and
(1)(a)(ii)(D) assist in maintaining the cost effectiveness of auxiliary operations in institutions of higher education.
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(1) Notwithstanding any other provision of law:
(1)(a) (1)(a)(i) The board may determine when to grant a full or partial waiver of the nonresident differential in tuition rates charged to undergraduate students pursuant to reciprocal agreements with other states.
(1)(a)(ii) In making the determination described under Subsection (1)(a)(i), the board shall consider the potential of the waiver to:
(1)(a)(ii)(A) enhance educational opportunities for Utah residents;
(1)(a)(ii)(B) promote mutually beneficial cooperation and development of Utah communities and nearby communities in neighboring states;
(1)(a)(ii)(C) contribute to the quality of educational programs; and
(1)(a)(ii)(D) assist in maintaining the cost effectiveness of auxiliary operations in institutions of higher education.
(1)(b) (1)(b)(i) Consistent with its determinations made pursuant to Subsection (1)(a), the board may enter into agreements with other states to provide for a full or partial reciprocal waiver of the nonresident tuition differential charged to undergraduate students.
(1)(b)(ii) An agreement shall provide for the numbers and identifying criteria of undergraduate students, and shall specify the institutions of higher education that will be affected by the agreement.
(1)(c) The board shall establish policy guidelines for the administration by the affected institutions of any tuition waivers authorized under this section, for evaluating applicants for such waivers, and for reporting the results of the reciprocal waiver programs authorized by this section.
(1)(d) A report and financial analysis of any waivers of tuition authorized under this section shall be submitted annually to the general session of the Legislature as part of the budget recommendations of the board for the system of higher education.
(2) (2)(a) Utah Tech University may offer a good neighbor full waiver of the nonresident differential in tuition rates charged to undergraduate students:
(2)(a)(i) pursuant to reciprocal agreements with other states; or
(2)(a)(ii) to a resident of a county that has a portion of the county located within 70 miles of the main campus of Utah Tech University.
(2)(b) (2)(b)(i) A student who attends Utah Tech University under a good neighbor tuition waiver shall pay a surcharge per credit hour in addition to the regular resident tuition and fees of Utah Tech University.
(2)(b)(ii) The surcharge per credit hour shall be based on a percentage of the approved resident tuition per credit hour each academic year.
(2)(b)(iii) The percentage assessed as a surcharge per credit hour shall be set by the board.
(2)(c) Utah Tech University may restrict the number of good neighbor tuition waivers awarded.
(2)(d) A student who attends Utah Tech University on a good neighbor tuition waiver may not count the time during which the waiver is received towards establishing resident student status in Utah.