Kentucky Administrative Regulations
Title 30 - SECRETARY OF STATE
Chapter 10 - Safe at Home Program
Section 30 KAR 10:020 - Application and certification
Universal Citation: 30 KY Admin Regs Service 10:020
Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS 14.302
NECESSITY, FUNCTION, AND CONFORMITY: KRS 14.318 authorizes the Secretary of State to promulgate administrative regulations implementing the Safe at Home Program. This administrative regulation establishes the application and certification requirements for the Safe at Home Program.
Section 1. Requirements for Application for Certification to Participate in the Safe at Home Program.
(1) Application
for certification to participate in the Safe at Home Program shall be made to
the Secretary of State by submitting a completed Application for Certification
to Participate in Safe at Home Program, which shall contain:
(a) The applicant's full legal
name;
(b) The applicant's date of
birth;
(c) Any other names that may
appear on the applicant's mail;
(d)
The applicant's county of residence;
(e) The applicant's residential
address;
(f) The applicant's phone
number;
(g) The applicant's email
address; and
(h) The applicant's
dependent's legal names and identifying information (if
applicable).
(2) The
application shall include a sworn statement and acknowledge the following:
(a) I am an adult survivor of domestic
violence, sexual assault, stalking, or human trafficking, or I am the parent of
a child, or guardian of an adult individual, who is such a survivor, or I am a
household member of such a survivor;
(b) I am not applying to participate in the
Safe at Home Program to avoid prosecution of any kind. I confirm that I am not
a sexually violent predator;
(c) I
give permission to the Secretary of State's Office to verify my participation
in the Safe at Home Program to state or local agencies when
requested;
(d) I designate the
Secretary of State as my agent for service of process and for the purpose of
receipt of mail. If the Secretary of State accepts legal documents or certified
mail addressed to me, it is as if I received them;
(e) I understand that my participation in the
Safe at Home Program may be cancelled if:
1. I
change my legal name and do not notify the Secretary of State's Office in
writing prior to the change;
2.
Mail forwarded by the Secretary of State's Office is returned as undeliverable
by the United States Postal Service;
3. The Secretary of State accepts service of
process on my behalf and I do not acknowledge it; or
4. My application contains false
information;
(f) I
understand that it is my responsibility to notify family, friends, businesses,
and government agencies of my Safe at Home Program designated address. I
recognize that if I share my confidential address, the Safe at Home Program
cannot control its distribution;
(g) I realize that my mailing address may
include an apartment number and that without this apartment number my mail may
be delayed or may never reach me. I understand that the Safe at Home Program
shall forward only first-class, legal, and certified mail, as well as packages
of prescriptions;
(h) I understand
that I am enrolled in the Safe at Home Program for a four (4) year term. At the
end of this term, I realize that I am required to renew my enrollment or be
cancelled from the program;
(i) I
authorize the Safe at Home Program to notify the State Board of Elections to
remove my physical and mailing address from voter registration documents that
may be viewed by the public but maintain my physical address for the purpose of
remaining registered and populated in the correct precinct.
(j) I realize that if I purchase or sell real
estate, my information shall appear on public records;
(k) I understand that I am required to notify
the Safe at Home Program if any of the information on my original application
changes within fourteen (14) days;
(l) I understand that once I am enrolled in
the Safe at Home Program, my actual address shall be confidential unless an
agency has a bona fide statutory or administrative requirement for use of my
address; and
(m) I understand that
my children under the age of eighteen (18) may be enrolled with me as
dependents and that individuals over the age of eighteen (18) are required to
enroll separately. I realize that minors who turn eighteen (18) during
participation in the program shall complete a renewal form at that time to
continue Safe at Home Program participation.
(3) The Application for Certification to
Participate in Safe at Home shall be:
(a)
Notarized; and
(b) In
English.
Section 2. Certification in the Safe at Home Program.
(1) The Secretary of State shall approve an
Application for Certification to Participate in Safe at Home Program and
certify the applicant as a program participant if the applicant and the
Application for Certification to Participate in Safe at Home Program meet the
requirements established in
KRS
14.304 and this administrative
regulation.
(2) The Secretary of
State shall notify the applicant or filer whether the Application for
Certification to Participate in Safe at Home Program was denied, or the
applicant was certified as a program participant.
(a) If an Application for Certification to
Participate in Safe at Home Program is denied, the Secretary of State shall
inform the applicant or filer of the reason for the denial.
(b) If an applicant is certified as a program
participant, the Secretary of State shall:
1.
Assign to the program participant a participant number and designated
address;
2. Issue to the program
participant a Safe at Home Program Participant Card;
3. Provide information about the Safe at Home
Program with instructions, frequently asked question and answers, and other
information deemed necessary; and
4. Provide a general letter from the
Secretary of State that the participant can provide to agencies.
(3) If an applicant is
certified as a program participant, participation in the Safe at Home program
shall be effective as of the date of the notification of
certification.
Section 3. Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Application for Certification to Participate in Safe at Home Program", July
2023;
(b) "Address Confidentiality
Program Participant Card", July 2023;
(c) "Safe at Home Program Participant Change
of Information Form", July 2023;
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Secretary of State's
Office, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m., or may be obtained at
sos.ky.gov.
STATUTORY AUTHORITY: KRS 14.304, 14.318
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