Washington Administrative Code
Title 434 - Secretary of State
Chapter 434-840 - Address confidentiality program
Section 434-840-070 - Agency exemption request

Universal Citation: WA Admin Code 434-840-070

Current through Register Vol. 22-12, June 15, 2022

(1) An agency requesting an exemption under RCW 40.24.050, must provide in writing to the secretary of state:

(a) Identification of the statute or administrative rule which demonstrates the agency's bona fide requirement and authority for the use of the actual address of an individual;

(b) Identification and description of the specific record or record series for which the exemption is requested;

(c) Identification of the individuals who will have access to the record;

(d) Explanation of how the agency's acceptance of a substitute address will prevent the agency from meeting its obligations under the statute or rule identified above; and

(i) Explanation of why the agency cannot meet its statutory or administrative obligations by a change in its internal procedures; and, where appropriate;

(ii) Description of any agency procedural change(s) that could be made that would allow it to accept the substitute address and meet its statutory or administrative obligations and an estimate of implementation time needed.

(2) The secretary of state shall file and review an agency's request for an exemption.

(3) During the review, evaluation and appeal of an agency's exemption request, the agency shall accept the use of a program participant's substitute address.

(4) The secretary of state's determination to grant or withhold a requested exemption shall be based on, but not limited to, an evaluation of the information provided under subsection (1) of this section in conformance with the statutory standard of a bona fide statutory or administrative requirement for the use of a program participant's actual address.

(5) If the secretary of state determines that an agency has a bo-na fide statutory or administrative requirement for the use of a program participant's actual address information and that the actual address information will be used only for those statutory and administrative purposes, the secretary may issue a written exemption for the agency. When granting an exemption, the secretary may include:

(a) An agency's obligation to maintain the confidentiality of a program participant's address information;

(b) Limitations on use and access to that address information;

(c) Term during which the exemption is authorized for the agency;

(d) Designation of the record format on which the address information may be maintained;

(e) Designation of an address information disposition date after which the agency may no longer maintain a record of the address information; and

(f) Any other provisions and qualifications determined appropriate by the secretary of state.

(6) When a program participant requests use of the substitute address in a record, and the agency has received an exemption for that record, the agency shall immediately provide a copy of the written exemption to the requesting program participant. The agency shall notify the address confidentiality program of the occurrence and denial of the program participant's request.

(7) The secretary of state's denial of an agency exemption request shall be made in writing and include a statement of the specific reasons therefore.

(8) An agency may appeal the denial of its request by resubmit-ting its written request together with additional data, information, and an explanation of corrective action taken to alleviate concerns and considerations included in the secretary of state's denial determination.

Amended by WSR 22-04-086, Filed 1/31/2022, effective 3/3/2022

Statutory Authority: RCW 40.24.090. 05-13-059, § 434-840-070, filed 6/9/05, effective 7/10/05; 98-19-063, § 434-840-070, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, § 434-840-070, filed 9/26/91, effective 10/27/91.

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