Deatherage v. Pernsteiner, 239 Or. App. 161

Petitioner, a student, sought Oregon resident status for tuition at Portland State University; the board denied residency and petitioner sought judicial review.
The circuit court reversed the chancellor’s denial and remanded; petitioner then sought attorney fees, which the circuit court denied.
Oregon residency rules at issue require 12 consecutive months of domicile in Oregon and being primarily engaged in activities other than being a college student.
A presumption exists that full‑time students are in Oregon primarily for educational purposes, potentially disqualifying them from residency.
The chancellor found petitioner had not given up her Oklahoma residence, thus not establishing an Oregon domicile, and denied resident status.
On appeal, the board argued the circuit court erred by addressing constitutional challenges; the court reviewed whether the chancellor’s factual finding was supported by substantial evidence and correctly interpreted the rules.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does OAR 580-010-0030(2)(b) create an irrebuttable presumption against residency?	Deatherage contends the rule is irrebuttable and unconstitutional.	Pernsteiner/board argues the presumption is rebuttable and constitutionally permissible.	Irrebuttable presumption issue not dispositive; court reverses on other basis but notes presumption issues.
Was the chancellor’s finding that petitioner did not establish a domicile in Oregon supported by substantial evidence?	Deatherage claims she established Oregon domicile through residency and medical needs.	Board argues petitioner remained Oklahoma domiciled and did not establish Oregon domicile.	Chancellor’s finding supported by substantial evidence; petitioner had not given up Oklahoma residence.

Vlandis v. Kline, 412 U.S. 441 (US 1973) (irrebuttable residence presumptions violate due process unless rebuttable)
Sosna v. Iowa, 419 U.S. 393 (US 1975) (describes Vlandis holding on irrebuttable presumptions for residency)
Portello v. Oregon State System of Higher Education, 122 Or. App. 314 (Or. App. 1993) (reentry on residency and domicile factors; case cited for substantial evidence standard)
Norden v. Water Resources Dept., 329 Or. 641 (Or. 2000) (limits judicial reweighing of agency factual inferences)
Tigard Sand and Gravel, Inc. v. Clackamas County, 151 Or. App. 16 (Or. App. 1997) (limits appellate reweighing of agency factual findings)