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Originally Posted by nickrego
Why not ?
The moment you touch the base, you are occupying it. There is no rule that says how soon you have to vacate the base. There was no impending play from another runner, so he could stay put until he is sure of the umpire's call. If there was an impending play, then the runner would have to vacate the area of the next play. But it is an interesting concept...The occupation of Home Plate. I don't recall that ever being discussed here.
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The rule you mention applies to a runner who has achieved (or stayed on) a base and needs the protection of that base in order to prevent being tagged out. This is why a runner OCCUPIES the base - he can't leave without putting himself in jeopardy. None of this is true about home plate.
The runner in this sitch TOUCHED home plate, but doesn't occupy home plate. If you could occupy home plate, we'd have sitches here described as: 1 out, 1-1 count, R1 on Home, R2 on 2nd. Home plate is not a safe haven like a base is (in most cases). Similarly, if you find 2 runners on a base, one can be tagged out, as only 1 can OCCUPY that base legally. But two runners on the plate is nothing.