§ 9617 — Waiver process

(a) A federal, state or local government agency may request disclosure of a program participant’s actual address pursuant to this section. The Department of Justice shall have the authority to promulgate appropriate policies and procedures regarding the waiver process.

(b) The Department of Justice shall promptly conduct a review of all requests received pursuant to this section. In conducting a review, the Program shall notify the program participant of the request and consider all information received and any other appropriate information that the Program may require to make a determination.

(c) Any government agency granted a waiver by the Program pursuant to this section shall be permitted to use the actual address in the manner authorized by the Department of Justice.

(d) Upon denial of a federal, state or local government agency’s request for waiver, the Program 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.

(e) Within 15 days after notification that the Program has denied the federal, state or local government agency’s request for waiver, the agency may file a request for review of the decision by the Attorney General.

(f) Nothing in this section shall be construed to prevent the Program from granting a waiver to a federal, state or local government agency pursuant to this section upon receipt of a program participant’s written consent to do so.

Legislative History

78 Del. Laws, c. 28, § 1