29- 250 C.M.R. ch. 900, § 7

Current through 2024-51, December 18, 2024

Section 250-900-7 - Agency Exemption Request

A. An agency requesting an exemption under 5 MRSA §90-B(5)(B), must provide in writing to the Secretary of State:

1. identification of the statute or administrative rule which demonstrates the agency's bona fide requirement and authority for the use of the actual address of an individual;

2. identification and description of the specific record or record series for which the exemption is requested;

3. identification of the individuals who will have access to the record;

4. an explanation of why the agency cannot meet its statutory or administrative obligations by a change in its internal procedures.

B. The Secretary of State shall file and review an agency's request for an exemption.

C. During the review and evaluation or reconsideration of an agency's exemption request, the agency shall accept the use of a program participant's designated address.

D. The Secretary of State's determination to grant or deny a requested exemption shall be based on, but not limited to, an evaluation of the information provided under 29-250 Chapter 900 §7(A)in conformance with the statutory standard of a bona fidestatutory or administrative requirement for the use of a program participant's actual address.

E. If the Secretary of State determines that an agency has a bona fide statutory or administrative requirement for the use of a program participant's actual address information and that the actual address information will be used only for those statutory and administrative purposes, the Secretary may issue a written exemption for the agency. When granting an exemption, the Secretary may include:

1. any obligations for the agency to maintain the confidentiality of a program participant's address information;

2. any limitations on use and access to that address information;

3. any term during which the exemption is authorized for the agency;

4. any designation of the record format on which the address information may be maintained;

5. any designation of an address information disposition date after which the agency may no longer maintain a record of the address information; and,

6. any other provisions and qualifications determined appropriate by the Secretary of State.

F. When a program participant requests use of the designated address in a record, and the agency has received an exemption for that record, the agency shall immediately provide a copy of the written exemption to the requesting program participant. The agency shall notify the address confidentiality program manager of the occurrence and denial of the program participant's request.

G. The Secretary of State's denial of an agency exemption request shall be made in writing and include a statement of the specific reasons therefor.

H. An agency may seek reconsideration of the denial of its request by resubmitting its written request within 60 days of the issuance of a denial. The request may be accompanied by additional information and an explanation of corrective action taken to alleviate concerns and considerations included in the Secretary of State's denial determination. Final administrative determination shall be made by the Secretary of State.

29- 250 C.M.R. ch. 900, § 7