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<regulation prefix="Regulation" num=".04" citation="COMAR 35.01.01.04" title_num="35" subtitle_num="01" chapter_num="01" heading="Legal Residence Within the State of Maryland.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>An up-to-date voter's registration card, in the name of the veteran;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Records of tax payments: personal or property, or both;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A continuous voting record;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Hospital records: governmental or private, or both;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Personal knowledge of reputable citizens of Maryland, or State, county, or city officials;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Records of recognized fraternal, civic, or veterans' organizations; or</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Any other substantial evidence that may establish the required residency.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The veteran has had ties of relationship and friendship to permanent residents of Maryland for a substantial period;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>There is evidence that equal or greater ties of the veteran to residents of another state do not exist; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The evidence in support of this waiver is compelling, or of such nature and weight as to warrant an affirmative decision.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Military records, such as a DD Form 214;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A document establishing honorable military service; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Draft board records, or State records establishing legal residence at a time of entrance into military service.</text>
    </paragraph>
  </paragraph>
</regulation>