(1) A state or local government agency
requesting disclosure of a program participant's actual address pursuant to this
section shall make such a request in writing on agency letterhead and shall provide
the executive director or his or her designee with the following information:
(a) The name of the program participant for whom the agency seeks
disclosure of the actual address;
(b) A statement, with explanation, setting forth the reason or reasons that
the agency needs the program participant's actual address and a statement that
the agency cannot meet its statutory or administrative obligations without
disclosure of the participant's actual address;
(c) A particular statement of facts showing that other methods to locate the
program participant or the participant's actual address have been tried and have
failed or that the methods reasonably appear to be unlikely to succeed;
(d) A statement that the agency has adopted a procedure setting forth the
steps the agency will take to protect the confidentiality of the program
participant's actual address; and
(e) Any other information as the executive director or his or her designee
may reasonably request in order to identify the program participant in the records
of the executive director or his or her designee.
(2) (a) The executive director or his or her designee shall provide the
program participant with notice of a request for disclosure received pursuant to
subsection (1) of this section, and, to the extent possible, the participant shall be
afforded an opportunity to be heard regarding the request.
(b) Except as otherwise provided in paragraph (c) of this subsection (2), the
executive director or his or her designee shall provide the program participant with
written notification whenever a request for a disclosure has been granted or denied
pursuant to this section.
(c) No notice or opportunity to be heard shall be given to the program
participant when the request for disclosure is made by a state or local law
enforcement agency conducting a criminal investigation involving alleged criminal
conduct by the participant or when providing notice to the participant would
jeopardize an ongoing criminal investigation or the safety of law enforcement
personnel.
(3) The executive director or his or her designee shall promptly conduct a
review of all requests received pursuant to this section. In conducting a review, the
executive director or his or her designee shall consider all information received
pursuant to subsections (1) and (2) of this section and any other appropriate
information that the executive director or his or her designee may require.
(4) The executive director or his or her designee shall grant a state or local
government agency's request for disclosure and disclose a program participant's
actual address pursuant to this section if:
(a) The agency has a bona fide statutory or administrative need for the
actual address.
(b) The actual address will only be used for the purpose stated in the
request.
(c) Other methods to locate the program participant or the participant's
actual address have been tried and have failed or such methods reasonably appear
to be unlikely to succeed.
(d) The agency has adopted a procedure for protecting the confidentiality of
the actual address of the program participant.
(5) Upon granting a request for disclosure pursuant to this section, the
executive director or his or her designee shall provide the state or local government
agency with the disclosure that contains:
(a) The program participant's actual address;
(b) A statement setting forth the permitted use of the actual address and the
names or classes of persons permitted to have access to and use of the actual
address;
(c) A statement that the agency is required to limit access to and use of the
actual address to the permitted use and persons set forth in the disclosure; and
(d) The date on which the permitted use expires, if expiration is appropriate,
after which the agency may no longer maintain, use, or have access to the actual
address.
(6) A state or local government agency whose request is granted by the
executive director or his or her designee pursuant to this section shall:
(a) Limit the use of the program participant's actual address to the purposes
set forth in the disclosure;
(b) Limit the access to the program participant's actual address to the
persons or classes of persons set forth in the disclosure;
(c) Cease to use and dispose of the program participant's actual address
upon the expiration of the permitted use, if applicable; and
(d) Except as otherwise set forth in the disclosure, maintain the
confidentiality of a program participant's actual address.
(7) Upon denial of a state or local government agency's request for
disclosure, the executive director or his or her designee shall provide prompt
written notification to the agency stating that the agency's request has been
denied and setting forth the specific reasons for the denial.
(8) A state or local government agency may file written exceptions with the
executive director or his or her designee no more than fifteen days after written
notification is provided pursuant to subsection (7) of this section. The exceptions
shall restate the information contained in the request for disclosure, state the
grounds upon which the agency asserts that the request for disclosure should be
granted and specifically respond to the executive director's or his or her designee's
specific reasons for denial.
(9) Unless the state or local government agency filing exceptions agrees
otherwise, the executive director or his or her designee shall make a final
determination regarding the exceptions within thirty days after the filing of
exceptions pursuant to subsection (8) of this section. Prior to making a final
determination regarding the exceptions, the executive director or his or her
designee may request additional information from the agency or the program
participant and conduct a hearing. If the final determination of the executive
director or his or her designee is that the denial of the agency's request for
disclosure was properly denied, the executive director or his or her designee shall
provide the agency with written notification of this final determination stating that
the agency's request has again been denied and setting forth the specific reasons
for the denial. If the final determination of the executive director or his or her
designee is that the denial of the agency's request for disclosure has been
improperly denied, the executive director or his or her designee shall grant the
agency's request for disclosure in accordance with this section. The final
determination of the executive director or his or her designee shall constitute final
agency action.
(10) The record before any judicial review of a final agency action pursuant to
subsection (9) of this section shall consist of the state or local government
agency's request for disclosure, the executive director's or his or her designee's
written response, the agency's exceptions, the hearing transcript, if any, and the
executive director's or his or her designee's final determination.
(11) During any period of review, evaluation, or appeal, the agency shall, to
the extent possible, accept and use the program participant's substitute address.
(12) Notwithstanding any other provision of this section, the executive
director or his or her designee shall establish an expedited process for disclosure to
be used by a criminal justice official or agency for situations where disclosure is
required pursuant to a criminal justice trial, hearing, proceeding, or investigation
involving a program participant. An official or agency receiving information
pursuant to this subsection (12) shall certify to the executive director or his or her
designee that the official or agency has a system in place to protect the
confidentiality of a participant's actual address from the public and from personnel
who are not involved in the trial, hearing, proceeding, or investigation.
(13) Nothing in this section shall be construed to prevent the executive
director or his or her designee from granting a request for disclosure to a state or
local government agency pursuant to this section upon receipt of a program
participant's written consent to do so.