Program Residency Requirements

(a)The Administrator shall establish rules and regulations for use in determining whether an applicant is a resident of Guam or is eligible for temporarily assisted care, as provided in this Article. The rules shall require that an applicant shall be eligible for Program benefits only if the applicant is a resident of Guam and has been a resident on Guam for a period of no less than six

(6)months, and has physically resided on Guam for a period of not less than six

(6)months, except for temporary absences in the past year which cannot be reasonably construed as absences due to bona fide residency outside of Guam.

(b)In order for an applicant to prove residency, the requirements of Subsections

(a)and

(b)of this Section must be met:

(1)an applicant shall produce at least one

(1)of the following in their name in addition to a Guam rent, mortgage receipt, or utility bill in order to establish beyond a reasonable doubt proof of residency of no less than six

(6)months:

(A)a current Guam motor vehicle driver’s license;

(B)a current Guam motor vehicle registration; CH. 2 DIVISION OF PUBLIC WELFARE

(C)a document showing that the applicant is or was employed on Guam, and if currently unemployed, an applicant shall provide a document showing that the applicant has registered with a public or private employment service on Guam;

(D)evidence that the applicant has enrolled the applicant’s children in a school on Guam;

(E)evidence that the applicant is receiving public assistance on Guam; or

(F)evidence of registration to vote on Guam.

(2)The applicant signs an affidavit attesting that all of the following apply to the applicant:

(A)the applicant does not own or lease a residence outside of Guam;

(B)the applicant does not own or lease a motor vehicle registered outside of Guam;

(C)the applicant is not receiving public assistance outside of Guam; and

(D)the applicant is actively seeking employment on Guam, if the applicant is able to work and is not employed.

(3)Applicants who refuse to cooperate in the eligibility determination process pursuant to this Subsection are not eligible. Refusal to cooperate shall be construed to mean that the applicant is unwilling to obtain documentation required for eligibility determination. The Program shall maintain its own applicant file copies of the application submitted to the Program in accordance with this Subsection.

(c)An applicant denied eligibility by a program eligibility worker may appeal the determination through the established fair hearing process.