Current through Register Vol. 49, No. 2, February 2024
RESIDENT -
A. A natural person whose domicile currently
is in Arkansas and has been for at least 60 consecutive days qualifies as a
"resident" under this Code. "Domicile" means the one and only place where a
person has physically established a true, fixed and permanent home, and to
where, whenever the person is briefly and temporarily absent, the person
intends to return. Children younger than 18 are presumed to have the same
resident status as their parent or legal guardian. A person is not considered a
"resident" under this Code if the person:
1.
Resides in the state only for a special or temporary purpose, but not limited
to, engaging in hunting, fishing, or trapping, or
2. Has been issued any resident license,
permit, or tag (except ones that are designated as non-expiring) to hunt, fish
or trap in another state or country that is still valid in that state or
country.
B. The following
natural persons also qualify as a "resident" under this Code for so long as
they meet the listed criteria:
1. Persons who
are enrolled as a full-time student at a college or university outside of
Arkansas, provided they qualified as an Arkansas resident at the time of
enrollment.
2. Nonresidents who are
enrolled as a full-time student at a college or university in Arkansas and who
reside in the state during the school year.
3. Nonresident foreign exchange students
attending school in Arkansas.
4.
Resident foreign exchange students attending school outside of
Arkansas.
5. Active-duty military
personnel assigned to duty stations in Arkansas.
6. Active-duty military personnel who were
Arkansas residents at the time of entering service, regardless of where
currently stationed.
7. Members of
the National Guard who are assigned to an Arkansas Guard Unit.
8. Nonresidents residing and working at least
60 consecutive days in Arkansas pursuant to a written commitment as full-time
employees or volunteers of a nonprofit charitable organization (other than one
established principally for the recreational benefit of its stockholders or
members) that (a) is registered and in good standing with the Arkansas
Secretary of State, and (b) has received a 501(c)(3) designation from the
United States Internal Revenue Service.
C. Applicants for Commission-issued resident,
licenses, permits, and tags have the burden of proving they qualify as a
"resident" under this Code. Facts that may be considered in establishing proof
of current Arkansas residency for the purpose of purchasing Commission-issued
resident licenses, permits, and tags include, but are not limited to:
1. Possession of a valid Arkansas driver's
license or official, state-issued Arkansas identification card;*
2. Possession of a valid Arkansas vehicle
registration in the applicant's name and display of current Arkansas license
tags on the applicant's vehicle;*
3. Two documents bearing the applicant's
current name and address, not issued by himself or herself, including but not
limited to:
i. Arkansas voter registration
card,* and
ii. Income tax returns
issued by the Internal Revenue Service and/or the State of
Arkansas.
4. Documentation
from a college or university in Arkansas verifying that the applicant currently
is enrolled as a full-time student;
5. Documentation from any branch of the
United States Military or the duty station or unit in Arkansas; and
6. In the case of a child under 18,
identification from a parent or legal guardian proving the parent or legal
guardian qualifies as a "resident" under this Code.
*Items marked with a * must have been issued at least 60 days
prior to the license, permit, or tag application.
D. In addition to qualifying as a "resident"
under one or more of the above criteria, to be eligible to be issued any of the
following resident licenses, permits, or tags, an applicant must provide proof
that his or her domicile is currently in Arkansas and has been for at least the
past 1 continuous year:
1. All Non-Expiring
Lifetime Licenses and Permits (Addendum D1.01);
2. Resident Special Guide License (Code
03.14);
3. Alligator Farmer/Dealer
Permit (Code 33.01);
4. Alligator
Snapping Turtle Breeder/Dealer Permit (Code 34.02);
5. Commercial Fisherman's Permit &
Sportfishing License (Code 30.01);
6. Commercial Fisherman's Helper Permit (Code
30.01);
7. Junior/Senior Commercial
Fishing Permit (Code 31.01);
8.
Resident Shell Taker/Seller's License (Code 31.01);
9. Shell Taker Helper Permit (Code
31.01);
10. Shell Buyer's License
(Code 31.01);
11. Resident Fish
Dealer License (Code 31.01);
12.
Resident Roe Taker/Seller Permit (Code 30.17);
13. Resident Roe Taker/Helper Permit (Code
30.17); and
14. Resident Roe
Buyer/Exporter Permit (Code 30.18).
E. The Commission's director or his or her
representative shall make the final determination as to whether a license,
permit, or tag applicant qualifies as a "resident" under this
Code.
