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 cancellation, appeal, and
withdrawal procedures for the Safe at Home Program.
Section 1. Cancellation from Participation in
Safe at Home Program.
(1) A program
participant's certification in the Safe at Home Program shall be canceled if:
(a) The program participant fails to notify
the Secretary of State of a name change;
(b) The program participant fails to notify
the Secretary of State of an address change;
(c) The Secretary of State determines the
program participant applied using false information;
(d) The program participant relocates outside
of Kentucky;
(e) The program
participant is no longer eligible;
(f) The program participant is required to
register as a sex offender; or
(g)
The program participant fails to submit an Application for Participation in
Safe at Home Program for renewal upon the expiration of the initial four (4)
year enrollment.
(2) Upon
cancellation, the Secretary of State shall send notice to the program
participant of the cancellation of participation in the Safe at Home Program,
which shall include:
(a) The reasons for the
cancellation;
(b) A copy of the
Appeal from Cancellation of Certification in Safe at Home Program;
and
(c) Notification that an appeal
shall be received within thirty (30) days.
Section 2. Appeal from Cancellation of
Certification in Safe at Home Program.
(1) A
program participant or filer wishing to appeal from a cancellation of
certification in the Safe at Home Program shall submit to the Secretary of
State an Appeal from Cancellation of Certification in Safe at Home Program
form.
(2) The Appeal from
Cancellation of Certification in Safe at Home Program shall be considered
timely submitted if it is date-stamped received by the Secretary of State
within thirty (30) days of the date of the notice of certification
cancellation.
(3) The Appeal from
Cancellation of Certification in Safe at Home Program shall:
(c) Be signed by the program participant or
filer; and
(d) Include information
as to why certification in the Safe at Home Program should not be
cancelled.
(4) If an
Appeal from Cancellation of Certification in Safe at Home Program is not timely
submitted, cancellation of certification in the Safe at Home Program shall be
effective upon the expiration of thirty (30) days after the date of the notice
of certification cancellation.
Section
3. Review by the Assistant Secretary of State of an Appeal from
Cancellation of Certification in Safe at Home Program.
(1) The Assistant Secretary of State shall
approve or deny an Appeal from Cancellation of Certification in Safe at Home
Program within five (5) business days after it is date-stamped received by the
Office of the Secretary of State.
(a) The
Assistant Secretary of State shall approve an Appeal from Cancellation of
Certification in Safe at Home Program if he or she determines that grounds for
cancellation pursuant to
KRS
14.306 do not exist.
(b) The Assistant Secretary of State shall
deny an Appeal from Cancellation of Certification in Safe at Home Program if he
or she determines that grounds for cancellation pursuant to
KRS
14.306 exist.
(2) The Assistant Secretary of State shall
provide to the program participant or filer written notice of the decision
regarding an Appeal from Cancellation of Certification in Safe at Home
Program.
(3) If an Appeal from
Cancellation of Certification in Safe at Home Program is timely submitted and
denied pursuant to this section, cancellation of certification in the Safe at
Home program shall be effective on the date on which the notice of denial is
mailed.
(4) The decision of the
Assistant Secretary of State shall conclude the appeal procedures pursuant to
KRS
14.306 and this administrative
regulation.
Section 4.
Withdrawal from Participation in Safe at Home Program.
(1) A program participant or filer wishing to
withdraw from participation in the Safe at Home Program shall submit to the
Secretary of State a Withdrawal from Participation in Safe at Home Program
form.
(2) The Withdrawal from
Participation in Safe at Home Program form shall be:
(c) Signed by the program participant or
filer; and
(d) Notarized or signed
by an Application Assistant.
Section 5. Confirmation by the Secretary of
State of a Withdrawal from Participation in Safe at Home Program.
(1) Upon receiving a Withdrawal from
Participation in Safe at Home Program form, the Secretary of State shall mail
to the program participant or filer a written confirmation of
withdrawal.
(2) The written
confirmation shall notify the program participant or filer:
(a) Of the date on which a Withdrawal from
Participation in Safe at Home Program form was date stamped received by the
Office of the Secretary of State; and
(b) That program participation shall be
terminated ten (10) days following the date of the written confirmation of
withdrawal, unless the program participant or filer notifies the Secretary of
State on or before that date that the withdrawal request was not legitimate
because it was not voluntarily submitted by the program participant or
filer.
Section
6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Withdrawal from Participation
in Safe at Home Program", July 2023; and
(b) "Appeal from Cancellation of
Certification in Safe at Home Program", 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
www.sos.ky.gov.
STATUTORY AUTHORITY:
KRS
14.306,
14.318