HAWAII ADMINISTRATIVE RULES, TITLE 20, UNIVERSITY OF HAWAII, CHAPTER 4
DETERMINATION OF RESIDENCY AS APPLIED TO TUITION PAYMENTS AND ADMISSION
This is an abridged version. Full document available at http://hilo.hawaii.edu/studentaffairs/admissions/residency.php
§20-4-6 Residence criteria. The university's definition of "resident" for tuition purposes may be different from the definitions
developed by other non-university agencies. The university does not necessarily recognize declarations of resident status
made by other agencies. Thus, a person who is a Hawaii resident for tax or voting purposes, for example, is not necessarily a
resident for University of Hawaii tuition and admission purposes. To qualify for the resident tuition fee, the following criteria
shall be met:
(1) The adult student, or in the case of a minor student, the student's parents or guardians, has been a bona fide
resident of this state for at least twelve consecutive months next preceding the student's residence determination
date; and
(2) The adult or minor student has not been claimed as a dependent for tax purposes for at least twelve months next
preceding the residency determination date by his parents or guardians who are not legal residents of the State;
provided that this provision shall not apply in cases where the parent claiming the student as a dependent is entitled
to do so under a child support order or agreement issued or entered into in conjunction with a divorce proceeding or
legal separation agreement, and the other parent and the student meet the criteria set forth in paragraph (1);
§20-4-7 Evidence of residence. The determination of residence for tuition purposes requires a finding of subjective fact
(intent to establish domicile in Hawaii while relinquishing any prior domicile) as well as of objective fact (physical presence).
The following evidences of a person's intent to establish domicile in Hawaii shall be considered. No single evidence shall be
decisive. The residency officer will look primarily at the following evidences:
(1) Voting, or voter registration, or both, in Hawaii.
(2) Filing of Hawaii resident personal income tax return.
In addition, the residency officer may consider other evidence, such as:
(1) Ownership of residential property or continuous rental of a dwelling on a lease basis in Hawaii.
(2) Carrying on of a business or the holding of an employment position in Hawaii.
(3) Presence of parent(s), spouse, children, and other close relatives in Hawaii.
(4) Any other clear and compelling evidence, as determined by the residency officer.
§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 residence 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 or 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 a bona fide
domicile of one year in Hawaii. A student may rebut this presumption of nonresidence 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, shall be considered in determining bona fide domicile 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) Location and duration of any checking accounts, saving accounts, and safety deposit boxes for the previous
year that documents financial independence. Reliance upon non-Hawaii, nonfederal resources for financial
support infers domicile in a state other than Hawaii. This includes trust 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 toward the physical presence
requirement for Hawaii residency.
This is an abridged version. Full document available at http://hilo.hawaii.edu/studentaffairs/admissions/residency.php July 2006