Agency Disclosure Request

PURPOSE: This rule facilitates the administration of the Safe at Home Program in accordance with sections 589.660–589.681, RSMo. This rule describes the manner and process for agency disclosure requests. (1) The director or equivalency of a government agency or the designee of the director or equivalency requesting disclosure of a program participant’s address under sections 589.669 and 589.672, RSMo, must— (A) Provide the following information in writing to the secretary: 1. Identification of the statute or administrative rule which demonstrates the agency’s bona fide requirement and authority for the use of the address and mailing address of an individual or individuals; 2. Identification of the specific program participant whose address is requested; 3. Identification of the individuals who will have access to the record or records; and 4. An explanation of why the agency cannot meet its statutory or administrative obligations by changing its procedures or rules; or (B) Submit the request on a form prescribed by the secretary. (2) The secretary shall review an agency’s request for disclosure. The secretary shall attempt to notify the program participant of the request for disclosure using the last known contact information of the participant. (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. (4) The secretary’s determination to grant or deny a disclosure request shall be based on, but not limited to, an evaluation of the information provided under this rule in conformance with the statutory standard of a bona fide statutory or administrative requirement for the use of a program participant’s address and mailing address. (5) If the secretary determines that an agency has a bona fide statutory or administrative requirement for the use of a program participant’s address and that the address will be used only for those statutory and administrative purposes, the secretary may issue a written disclosure order for the agency. The secretary shall inform the program participant of the disposition of the request for disclosure using the last known contact information. When granting disclosure, the secretary may include: (A) Any obligations for the agency to maintain the confidentiality of a program participant’s address information; (B) Any limitations on use and access to that address information; (C) Any term during which the disclosure is authorized for the agency; (D) Any designation of the record format on which the address information may be maintained; (E) Any designation of an address information disposition date after which the agency may no longer maintain a record of the address information. The agency shall notify the secretary in writing of the disposition; and (F) Any other provisions and qualifications determined appropriate by the secretary. (6) When a program participant requests use of the designated address in a record, and the agency has received a disclosure order for that record from the secretary— (A) The agency shall immediately provide a copy of the written order to the requesting program participant; and (B) The agency shall notify the program manager of the occurrence and denial of the program participant’s request. (7) The secretary’s denial of an agency disclosure request shall be made in writing and include a statement of the specific reasons therefore. (8) An agency may seek reconsideration of the denial of its request by resubmitting its written request within sixty (60) days of the issuance of a denial. The request shall be accompanied by additional information and an explanation of corrective action taken to alleviate concerns and considerations included in the secretary’s denial determination. Final administrative determination shall be made by the secretary. AUTHORITY: section 589.681, RSMo 2016.* Emergency rule filed Aug. 17, 2007, effective Aug. 28, 2007, expired Feb. 28, 2008. Original rule filed Aug. 17, 2007, effective Feb. 29, 2008. Emergency amendment filed Aug. 23, 2018, effective Sept. 2, 2018, expired Feb 28, 2019. Amended: Filed Aug. 23, 2018, effective Feb. 28, 2019. *Original authority: 589.681, RSMo 2007.