§ 35.29b. Commonwealth residency.

 (a)  Domicile is the place where one intends to and does, in fact, permanently reside. In order to establish Commonwealth residency, the following presumptions shall be considered along with documentary evidence or statements from disinterested persons, or both:

   (1)  Continuous residence in this Commonwealth for a period of 12 months prior to registration as a student. A student may rebut this presumption by convincing evidence.

   (2)  A noncitizen shall have taken formal action toward becoming a citizen or shall have been admitted to the United States on an Immigrant Visa.

   (3)  A minor, under the age of 18, shall be presumed to have the domicile of parents or guardian. A minor may prove emancipation and independent domicile through convincing evidence.

   (4)  A United States government employe or a member of the armed forces who was domiciled in this Commonwealth immediately preceding entry into government service, and who continuously maintained legal residence in this Commonwealth, shall be presumed to have domicile. Others in government service may, by convincing evidence, establish domicile.

 (b)  Domicile may not be established for a student receiving a scholarship or grant dependent upon domicile from another state.

 (c)  Examples of factors which may provide convincing evidence include the following:

   (1)  Lease or purchase of a permanent independent residence.

   (2)  Payment of appropriate State and local taxes. Special attention shall be given to payment of Commonwealth taxes on income earned during periods of temporary absence from this Commonwealth.

   (3)  Transfer of bank accounts, stock, automobile and other registered property to this Commonwealth.

   (4)  Pennsylvania driver’s license.

   (5)  Agreement for permanent full-time employment in this Commonwealth.

   (6)  Membership in Commonwealth social, civic, political, athletic and religious organizations.

   (7)  Registration to vote in this Commonwealth.

   (8)  Statement of intention to reside indefinitely in this Commonwealth.

   (9)  Statement from the parents or guardian of a minor setting forth facts to establish the financial independence and separate residence of the minor.

 (d)  Cases shall be decided on the basis of facts submitted, with qualitative rather than quantitative emphasis. No given number of factors may be required for domicile, since the determination in each case is one of the subjective intention of the student to reside indefinitely in this Commonwealth.

 (e)  A student may challenge his residency classification by filing a written petition with the officer or committee designated to consider such challenges at the college.

 (f)  If the student is not satisfied with the decision made by the officer or committee in response to the challenge, the student may take a written appeal to the office of the Secretary of Education, 333 Market Street, Harrisburg, Pennsylvania 17126-0333. The decision of the Secretary on the challenge is final.

Authority

   The provisions of this §  35.29b amended under sections 1317 and 1319(c) of The Administrative Code of 1929 (71 P. S. § §  367 and 369(c)); and Article XIX-A of the Public School Code of 1949 (24 P. S. § §  19-1901-A—19-1913-A).

Source

   The provisions of this §  35.29b adopted June 10, 1977, effective June 11, 1977, 7 Pa.B. 1577; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5323. Immediately preceding text appears at serial pages (34896) to (34898).



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