W. Va. Code R. § 153-37-10

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-37-10 - Agency Disclosure Request

10.1. An agency requesting a disclosure of the program participant's residential or mailing address under W. Va. Code § 48-28A-106(a)(2), must provide in writing to the Secretary of State:

10.1.1. Identification of the statute or administrative rule which demonstrates the agency's bona fide requirement and authority for the use of the residential address of an individual;

10.1.2. Identification and description of the specific record or record series for which the disclosure is requested; and

10.1.3. Identification of the individuals who will have access to the record.

10.2. The Secretary of State shall review an agency's request for a disclosure.

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

10.4. The Secretary of State's determination to grant or deny a disclosure request shall be based on, but not limited to, an evaluation of the information provided by the agency in conformance with the statutory standard of a bona fidestatutory or administrative requirement for the use of a program participant's residential address.

10.5. 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 residential or mailing address information which will only be used for those statutory and administrative purposes, the Secretary may issue the granted disclosure in writing. When granting a disclosure request, the Secretary may include:

10.5.1. Any obligations for the agency to maintain the confidentiality of a program participant's residential or mailing address;

10.5.2. Any limitations on use and access to the residential or mailing address;

10.5.3. Any term during which the granted disclosure is authorized for the agency;

10.5.4. Any designation of the record format on which the residential or mailing address may be maintained;

10.5.5. A date by which an agency may no longer maintain a record of the residential or mailing address; and

10.5.6. Any other provisions and qualifications determined appropriate by the Secretary of State including addressing any particular provisions pertinent to the requesting agency.

10.5.7. If an agency request is based on the safety and welfare of a minor or an incapacitated person, then the Secretary of State shall respond to such request in an expedited manner.

10.6. The Secretary of State's denial of an agency's disclosure request shall be made in writing and include a statement of the specific reasons therefore.

10.7. 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.

W. Va. Code R. § 153-37-10