29- 250 C.M.R. ch. 900, § 8

Current through 2024-51, December 18, 2024

Section 250-900-8 - Disclosure To Law Enforcement

A. A law enforcement officer requesting a program participant's address under 5 MRSA §90-B(5)(A), must provide the request to the Secretary of State or the Secretary's designee. The Secretary or designee may accept a verbal request or may require a request to be in writing. The request must contain:

1. the reason the address is required by that law enforcement officer or agency;

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 law enforcement agency cannot meet its obligations by a change in its internal procedures.

5. identification of the requesting individual's direct supervisor and contact information for that supervisor.

B. The Secretary of State or the Secretary's designee shall review the request.

C. 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 §8(A).

D. If the Secretary of State determines that a law enforcement officer or agency has a bona fide requirement for the use of a program participant's actual address information and that the actual address information will be used only for the purpose of satisfying that requirement, the Secretary may issue a written or verbal exemption for the law enforcement agency. When granting an exemption, the Secretary may include:

1. any obligation for the law enforcement 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.

E. When a program participant requests use of the designated address in a record, and the law enforcement officer or agency has received an exemption for that record, the law enforcement officer or agency shall immediately provide a copy of the written exemption to the requesting program participant. The law enforcement officer or agency shall notify the Address Confidentiality Program manager of the occurrence and denial of the program participant's request.

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

G. A law enforcement agency may seek reconsideration of the denial of its request by resubmitting its 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, § 8