Haw. Code R. § 20-4-8 - Rules of construction

The following rules of construction shall be applied in all cases:

(1) The twelve months begin on the date upon which the first overt action (see evidences in section 20-4-7) is taken to make Hawaii the permanent residence. While residence shall be lost if it is interrupted during the twelve months immediately preceding the residency determination date, resident status derived from two or more successive sources may be tacked together to compute the twelve-month period.

(2) Residence in Hawaii and residence in another place cannot be held simultaneously.

(3) Presence in Hawaii primarily to attend an institution of higher learning shall not create resident status. A nonresident student enrolled for six credits or more per term shall be presumed to be in Hawaii primarily for educational purposes. Such period of enrollment shall not be counted toward the establishment of bona fide residence in Hawaii for twelve consecutive months immediately preceding the residency determination date. A student may rebut this presumption of nonresident status if clear and convincing evidence is provided that the student has abandoned the student's previous residence and has established a bona fide residence in Hawaii primarily for purposes other than educational. The following evidences, in addition to the evidences of residence cited in section 20-4-7, may be considered in determining bona fide residence in Hawaii. No single evidence is decisive.

(A) Location and duration of driver's license for the previous year.

(B) Resident status in all postsecondary schools attended outside of Hawaii.

(C) Evidence of ability to be self-supporting (e.g., proof of full-time employment), and location and duration of any locally based financial accounts for the previous year. Reliance upon non-Hawaii, non-federal resources for financial support infers residence in a state other than Hawaii. This includes trust funds, college savings funds, or other accounts available to the student.

(D) Continuous presence in Hawaii during periods when not enrolled in school.

(4) Resident status, once acquired, shall be lost by future voluntary actions of the resident inconsistent with that status. However, Hawaii residence shall not be lost solely because of the absence from the State while serving in the United States armed forces, while engaged in navigation, or while a student at any institution of learning, provided Hawaii is claimed and maintained as the student's residence.

(5) Time spent incarcerated in city, state, or federal jails or prisons shall not be counted in determining Hawaii residency for tuition purposes.

Notes

Haw. Code R. § 20-4-8

[Eff 6/22/81; am 3/12/84; am and com JUL15 2006] (Auth: HRS § 304-4) (Imp: HRS § 304-4)
Section 20-4-8(1) is based substantially on section 20-4-4. [Eff 6/22/81; R 3/12/84] (Auth: HRS § 304-4) (Imp: HRS § 304-4) [Am and comp 10/13/2022] (Auth: HRS § 304A-402) (Imp: HRS § 304A-402)