15 CSR 30-70.080 - Agency Disclosure Request
(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.
Notes
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