1. A. 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:

   1. (1) An up-to-date voter's registration card, in the name of the veteran;
   2. (2) 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;
   3. (3) 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
   4. (4) 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.

2. B. 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:

   1. (1) Records of tax payments: personal or property, or both;
   2. (2) A continuous voting record;
   3. (3) Hospital records: governmental or private, or both;
   4. (4) Personal knowledge of reputable citizens of Maryland, or State, county, or city officials;
   5. (5) Records of recognized fraternal, civic, or veterans' organizations; or
   6. (6) Any other substantial evidence that may establish the required residency.

3. C. 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:

   1. (1) The veteran has had ties of relationship and friendship to permanent residents of Maryland for a substantial period;
   2. (2) There is evidence that equal or greater ties of the veteran to residents of another state do not exist; or
   3. (3) The evidence in support of this waiver is compelling, or of such nature and weight as to warrant an affirmative decision.

4. D. 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:

   1. (1) Military records, such as a DD Form 214;
   2. (2) A document establishing honorable military service; or
   3. (3) Draft board records, or State records establishing legal residence at a time of entrance into military service.

Authority: State Government Article, §§9-901, 9-902, 9-904, and 9-905, Annotated Code of Maryland

Effective date: August 11, 2008 (35:16 Md. R. 1392)

Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335)

Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335); August 5, 2024 (51:15 Md. R. 712)

Regulation .05 adopted effective August 5, 2024 (51:15 Md. R. 712)