Title 2 . Administration

Chapter 40 . Public Information

Section 40. Proof of residence

2 AAC 40.040. Proof of residence

(a) For the purposes of this chapter, a resident of the state is a person who

(1) maintained his or her principal place of abode in the state during the entire eligibility period;

(2) except for absences allowed under 2 AAC 40.045, was physically present in the state during the entire eligibility period;

(3) demonstrated at all times during an absence an intent to return to Alaska and remain a resident of Alaska;

(4) did not claim residency outside the state or obtain benefits of residency of another state or nation during the eligibility period; and

(5) is a United States citizen or an alien with resident alien or refugee status.

(b) The administrator's determination of an applicant's residency will be based on the totality of relevant circumstances. Physical presence in Alaska is not sufficient to establish state residency. Intent is demonstrated by establishing and maintaining customary ties indicative of Alaska residency. Acts that are required by law or contract or that are routinely performed by temporary residents of the state are not sufficient to demonstrate residency. The administrator will determine the intent of a person on the basis of relevant evidence, including

(1) the applicant's written or oral statements at the time in question, including statements made to obtain a license to drive, fish, hunt, or engage in another activity regulated by a government entity;

(2) the affidavits of other persons who had reason to know of the applicant's intent;

(3) voter registration and voting records;

(4) the location of residences owned or rented by the applicant;

(5) the location of the applicant's household goods;

(6) the location of businesses owned or operated by the applicant;

(7) the residence of the applicant's spouse and minor children;

(8) the duration of continuous residence in the state;

(9) employment and unemployment records;

(10) government records;

(11) travel records;

(12) financial records; and

(13) other information that the administrator considers relevant.

History: Eff. 9/13/81, Register 79; am 12/1/90, Register 117

Authority: AS 47.45.010

AS 47.45.100 (1)

AS 47.45.150 (2)