002.01.23 Ark. Code R. 001

Current through Register Vol. 49, No. 9, September, 2024

Rule 002.01.23-001 - 01.00-C - Definition Of Terms

RESIDENT -

A. A natural person whose domicile currently is in Arkansas and has been for at least 60 consecutive days qualifies as a "resident" under this Code. "Domicile" means the one and only place where a person has physically established a true, fixed and permanent home, and to where, whenever the person is briefly and temporarily absent, the person intends to return. Children younger than 18 are presumed to have the same resident status as their parent or legal guardian. A person is not considered a "resident" under this Code if the person:

1. Resides in the state only for a special or temporary purpose, but not limited to, engaging in hunting, fishing, or trapping, or

2. Has been issued any resident license, permit, or tag (except ones that are designated as non-expiring) to hunt, fish or trap in another state or country that is still valid in that state or country.

B. The following natural persons also qualify as a "resident" under this Code for so long as they meet the listed criteria:

1. Persons who are enrolled as a full-time student at a college or university outside of Arkansas, provided they qualified as an Arkansas resident at the time of enrollment.

2. Nonresidents who are enrolled as a full-time student at a college or university in Arkansas and who reside in the state during the school year.

3. Nonresident foreign exchange students attending school in Arkansas.

4. Resident foreign exchange students attending school outside of Arkansas.

5. Active-duty military personnel assigned to duty stations in Arkansas.

6. Active-duty military personnel who were Arkansas residents at the time of entering service, regardless of where currently stationed.

7. Members of the National Guard who are assigned to an Arkansas Guard Unit.

8. Nonresidents residing and working at least 60 consecutive days in Arkansas pursuant to a written commitment as full-time employees or volunteers of a nonprofit charitable organization (other than one established principally for the recreational benefit of its stockholders or members) that (a) is registered and in good standing with the Arkansas Secretary of State, and (b) has received a 501(c)(3) designation from the United States Internal Revenue Service.

C. Applicants for Commission-issued resident, licenses, permits, and tags have the burden of proving they qualify as a "resident" under this Code. Facts that may be considered in establishing proof of current Arkansas residency for the purpose of purchasing Commission-issued resident licenses, permits, and tags include, but are not limited to:

1. Possession of a valid Arkansas driver's license or official, state-issued Arkansas identification card;*

2. Possession of a valid Arkansas vehicle registration in the applicant's name and display of current Arkansas license tags on the applicant's vehicle;*

3. Two documents bearing the applicant's current name and address, not issued by himself or herself, including but not limited to:

i. Arkansas voter registration card,* and

ii. Income tax returns issued by the Internal Revenue Service and/or the State of Arkansas.

4. Documentation from a college or university in Arkansas verifying that the applicant currently is enrolled as a full-time student;

5. Documentation from any branch of the United States Military or the duty station or unit in Arkansas; and

6. In the case of a child under 18, identification from a parent or legal guardian proving the parent or legal guardian qualifies as a "resident" under this Code.

*Items marked with a * must have been issued at least 60 days prior to the license, permit, or tag application.

D. In addition to qualifying as a "resident" under one or more of the above criteria, to be eligible to be issued any of the following resident licenses, permits, or tags, an applicant must provide proof that his or her domicile is currently in Arkansas and has been for at least the past 1 continuous year:

1. All Non-Expiring Lifetime Licenses and Permits (Addendum D1.01);

2. Resident Special Guide License (Code 03.14);

3. Alligator Farmer/Dealer Permit (Code 33.01);

4. Alligator Snapping Turtle Breeder/Dealer Permit (Code 34.02);

5. Commercial Fisherman's Permit & Sportfishing License (Code 30.01);

6. Commercial Fisherman's Helper Permit (Code 30.01);

7. Junior/Senior Commercial Fishing Permit (Code 31.01);

8. Resident Shell Taker/Seller's License (Code 31.01);

9. Shell Taker Helper Permit (Code 31.01);

10. Shell Buyer's License (Code 31.01);

11. Resident Fish Dealer License (Code 31.01);

12. Resident Roe Taker/Seller Permit (Code 30.17);

13. Resident Roe Taker/Helper Permit (Code 30.17); and

14. Resident Roe Buyer/Exporter Permit (Code 30.18).

E. The Commission's director or his or her representative shall make the final determination as to whether a license, permit, or tag applicant qualifies as a "resident" under this Code.

002.01.23 Ark. Code R. 001

Adopted by Arkansas Register Volume 48, Number 05, Effective 5/1/2023