Wash. Admin. Code § 250-18-030

Current through Register Vol. 24-23, December 1, 2024

Section 250-18-030 - Establishment of a domicile

The domicile of any person shall be determined according to the individual's overall situation and circumstances and is not determined on the basis of a single factor; nor is a predetermined number of factors required. Institutions shall require evidence of a Washington domicile that is of sufficient quantity and quality to negate the existence of a domicile in a state other than Washington.

A nonresident student who is enrolled for more than six hours per semester or quarter shall be presumed to be in the state of Washington for primarily educational purposes. Such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has, in fact, established a bona fide domicile in this state primarily for purposes other than educational. The burden of proof that a person has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

To aid the institutions in determining whether a person has established a bona fide domicile in the state of Washington primarily for purposes other than educational, factors such as those listed in subsections (1) through (14) of this section are to be considered . The weight assigned to any given factor should depend on the ease with which it might be established and the degree to which it demonstrates commitment to domicile as a matter of common sense and as part of the individual's overall circumstances. Factors include, but are not limited to:

(1) Location and duration of registration or payment of taxes or fees on any motor vehicle, mobile home, travel trailer, boat, or any other item or personal property owned or used by the person;

(2) State and duration of any driver's license for the previous one year;

(3) Location and duration of any continuous full-time employment of the previous one year;

(4) Address and other pertinent facts listed on a true and correct copy of federal and state income tax returns for the calendar year prior to the year in which application is made;

(5) Location and duration of any voter registration for the previous one year;

(6) Location and duration of primary residence, evidenced by title, lease agreement, or monthly rental receipts for the previous one year;

(7) Residence status in all secondary and postsecondary schools attended outside the state of Washington;

(8) Location and duration of any checking accounts, savings accounts, and/or safety deposit boxes for the previous one year;

(9) Address listed on selective service registration;

(10) Location of membership in professional, business, civic or other organizations;

(11) Receipt of benefits under a public assistance pro-gram;

(12) State claimed as residence for obtaining eligibility to hold a public office or for judicial actions;

(13) State claimed as residence for obtaining state hunting or fishing licenses;

(14) State in which a custodial parent or legal guardian has a child attending public schools.

Wash. Admin. Code § 250-18-030

Amended by WSR 17-05-060, Filed 2/10/2017, effective 3/13/2017

Statutory Authority: RCW 28B.15.015. 03-13-056, § 250-18-030, filed 6/13/03, effective 7/14/03. Statutory Authority: 1982 1st ex.s. c 37 § 4. 83-13-092 (Order 2-83, Resolution No. 83-65), § 250-18-030, filed 6/17/83; 82-19-015 (Order 10-82, Resolution No. 83-1), § 250-18-030, filed 9/8/82.