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Ms. Gabriella M. Cabanas <br /> October 4, 2005 <br /> Page 2 <br /> residence. In determining this intent, the following factors shall be <br /> considered: <br /> (1) Maintenance of a domicile or permanent place of residence in the State; <br /> (2)Absence of residency in another state; and <br /> (3) Former residence in the State. <br /> Domicile is generally defined as the place where a person has his true, fixed, and <br /> permanent home and to which, whenever he is absent, he has the intention of returning. None of <br /> the factors mentioned are required to be given more weight than any of the other factors, nor <br /> does a reading of the statute itself provide us with a compelling reason which would support a <br /> restrictive interpretation of "resident." <br /> Accordingly, any reading of this statute requires us to apply the definition given in the <br /> statute in any attempt to define"resident." This is especially true since legislative history offers <br /> no assistance. While the definition is awkward in its application, we must be mindful that since <br /> the legislature provided us with this definition, we must use it in our application to the facts of <br /> any particular case. <br /> Utilizing this definition, as well as keeping in mind that the trend in the courts is to <br /> disfavor residence requirements absent some compelling reason to require a resident <br /> requirement, the following opinion is offered to you. <br /> If a person who formerly resided in the State of Hawaii submits an application for <br /> employment, that person should be considered a resident for purposes of this statute if he had <br /> formed the intent to make Hawaii his permanent home while he was physically present in the <br /> State of Hawaii. This is true regardless of his location at the time the application is filed. I will <br /> admit that the interpretation of this statute,which is suggested, is a liberal interpretation. <br /> However in the absence of any contrary evidence that the applicant does not meet the <br /> criteria set forth in the statute, applications for employment from persons who formerly resided <br /> in this State should be accepted. <br /> YoAirs truly, <br /> Michael J. Udovic <br /> Deputy Corporation Counsel <br /> MJU:mc <br /> cc: Mr. Mike Ben <br /> s:\work 2005\oct\wrk 05-10169\recom to civil svc re residency requirements 101-05 MJUmc <br />