Or. Admin. Code § 735-016-0030

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-016-0030 - Domicile - Establishing Intent to Remain or Return

(1) In order to be domiciled in Oregon, a person whose place of abode is in Oregon must intend to remain in this state or if absent from the state must intend to return to it.

(2) DMV may require proof that the person intends to remain in Oregon. Acceptable proof, under this section, includes, but is not limited to:

(a) Ownership of the person's residence in Oregon, or a lease or rental agreement of 12 months or more in duration;

(b) Permanent employment in Oregon;

(c) A true copy of the Oregon income tax return filed with the Oregon Department of Revenue for the previous tax year, showing the person is a permanent or part-year Oregon resident. For purposes of this subsection, the proof must:

(A) Include a certification by the person that the original return was filed; and

(B) Show the person was an Oregon resident at the end of the tax year if the person was a part-year Oregon resident; or

(d) Payment of residence tuition fees at institutions of higher education in Oregon.

(3) A person who is absent from Oregon but claims to be domiciled in this state may be required to provide proof to DMV that shows the person intends to return to Oregon. Acceptable proof, under this section, must show:

(a) The person has continuously maintained an Oregon residence while absent from Oregon;

(b) The person owns a residence in Oregon;

(c) The person is temporarily residing outside of Oregon (e.g., payment of non-resident tuition while attending a school outside of Oregon, temporary transfer of employment to another state or country, temporary care of a family member out of state). The person may be required to show they have maintained ties with Oregon, including but not limited to voter registration or maintenance of an Oregon bank account;

(d) The person is a member of the United States Armed Forces, or the member's spouse, partner in a domestic partnership, or a dependent who resides with the member, who lists Oregon residence in his or her military records; or

(e) The person filed an Oregon income tax return with the Oregon Department of Revenue for the previous tax year that shows the person is a permanent or part-year Oregon resident. Acceptable proof under this subsection must:

(A) Be a true copy of the Oregon income tax return filed with the Oregon Department of Revenue and must include a certification by the person that the original return was filed; and

(B) Show the person was an Oregon resident at the end of the tax year if the person was a part-year Oregon resident.

(4) A person who claims to reside at the address of a service provider in Oregon, as defined in OAR 735-010-0008, for purposes of vehicle registration, driver licensing or obtaining an identification card must provide proof as described in section (2) or (3) of this rule.

Or. Admin. Code § 735-016-0030

DMV 7-1999, f. & cert. ef. 12-17-99; DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02; DMV 5-2008, f. & cert. ef. 2-4-08; DMV 9-2009, f. 5-22-09, cert. ef. 6-1-09

Stat. Auth.: ORS 184.616, 184.619, 803.350, 803.370, 807.050, 807.062 & 821.080, Sec. 3, Ch. 99, OL 2007

Stats. Implemented: ORS 802.500, 802.520, 803.200, 803.300, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010, 807.040807.045, 807.050, 807.062, 807.400, 821.080 & 826.033