Md. Code Regs. 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.
Notes
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