Md. Code Regs. 35.01.01.04

Current through Register Vol. 51, No. 18, September 6, 2024

Section 35.01.01.04 - Legal Residence Within the State of Maryland

A. A veteran's legal residence within the State, for the purpose of establishing eligibility for State benefits, shall be established by reasonable and substantial evidence. That evidence may include:

(1) An up-to-date voter's registration card, in the name of the veteran;

(2) A certified copy of a Maryland income tax report form, filed by the veteran immediately preceding the death of the veteran or the veteran's next of kin;

(3) A certified copy of a notice of tax assessment or tax bill on property located within the State, addressed to the veteran and dated within 1 year of the death of the veteran or the veteran's next of kin; or

(4) The records of a nursing home, hospital, or institution where the veteran may have been confined, to establish that at the time of admission, the veteran's legal residence was within the State.

B. When a veteran, who has been a legal resident of Maryland for a period of 2 years or more, moves to another State to establish legal residency, the Maryland residence, for the purpose of qualifying for burial in a State veterans' cemetery shall be established by one or more of the following during the period in question:

(1) Records of tax payments: personal or property, or both;

(2) A continuous voting record;

(3) Hospital records: governmental or private, or both;

(4) Personal knowledge of reputable citizens of Maryland, or State, county, or city officials;

(5) Records of recognized fraternal, civic, or veterans' organizations; or

(6) Any other substantial evidence that may establish the required residency.

C. The 2-year legal residence requirement for burial in one of Maryland's Veterans' Cemeteries, or admission to assisted living in Charlotte Hall Veterans' Home may be waived when the veteran has been a legal resident of Maryland for a substantial portion of a 2-year period, if, in the judgment of the Department or its designee, there are compelling reasons for this waiver such as the following:

(1) The veteran has had ties of relationship and friendship to permanent residents of Maryland for a substantial period;

(2) There is evidence that equal or greater ties of the veteran to residents of another state do not exist; or

(3) The evidence in support of this waiver is compelling, or of such nature and weight as to warrant an affirmative decision.

D. The evidence establishing that a veteran was a legal resident of Maryland when the veteran entered the U.S. Armed Forces of the United States shall include one or more of the following:

(1) Military records, such as a DD Form 214;

(2) A document establishing honorable military service; or

(3) Draft board records, or State records establishing legal residence at a time of entrance into military service.

Md. Code Regs. 35.01.01.04