This court gives no weight to the superior court's decision when the superior court acts as an intermediate appellate court. We review the Department's finding that the Wilders did not have the necessary intent to return and to remain permanently in Alaska under the substantial evidence standard. Id. B. Wilder Failed to Prove His Intent to Return and to Remain Permanently in Alaska. To be eligible for a PFD, an individual must be a state resident on the date of application. Individuals absent from the state for allowable reasons must demonstrate at all times during their absence an intent to return to and to remain in Alaska permanently.
Absences exceeding five years result in presumptive ineligibility.
Thus, when Wilder applied for PFDs in 1989-91, presumptively he was no longer a state resident as he had been absent for more than five years. There is substantial evidence in the record to support the Department's conclusion that Wilder failed to rebut this presumption. These ties, including Alaska motor vehicle registration, Alaska voter registration, Alaska driver's license, and membership in the Alaska Bar Association, are entitled to some weight. However, they are not conclusive evidence on the issue of intent to return to Alaska. The Department correctly placed significance on the fact that Wilder returned to Alaska only once between 1980 and 1992.