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01.02.11.00.htm 01.02.11.00. Title 01 EXECUTIVE DEPARTMENT Subtitle 02 SECRETARY OF STATE Chapter 11 Maryland Safe at Home Address Confidentiality Program Authority: Real Property Article, §3-114―3-120; State Government Article, §7-301―7-313; Annotated Code of Maryland
01.02.11.01.htm 01.02.11.01. 01 Purpose.. A. The purpose of the Maryland Safe at Home Address Confidentiality Program is to:. 1) Allow a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking to have a State or local government agency and private entities use a substitute address in place of an actual address;2) Enable State and local agencies to respond to requests for public records without disclosing the location of a survivor of
01.02.11.02.htm 01.02.11.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Application assistant” means an employee or volunteer:. a) Of a federal, State, or local agency, or of a nongovernmental program, that provides counseling, referral, shelter, or other services to survivors of domestic violence, sexual assault, stalking, or human trafficking; andb) Who has been designated by the respective agency or program, and trained
01.02.11.03.htm 01.02.11.03. 03 Who May Apply.. Beginning October 1, 2006, an individual may apply to participate in the Program. To be designated as a participant in the Program, the individual shall:A. Satisfy the requirements of State Government Article, §7-304, Annotated Code of Maryland;. B. Be a present or future resident of Maryland;. C. Complete and sign the following, as provided by the Secretary:. 1) Application form; and. 2) Checklist of understanding.. D. Have recently relocate
01.02.11.04.htm 01.02.11.04. 04 Motor Vehicle Administration.. To request that the Motor Vehicle Administration use the substitute address, a participant shall schedule an appointment with the Motor Vehicle Administration’s Customer Service Ombudsman or other designated contact for participants.
01.02.11.05.htm 01.02.11.05. 05 Application Assistants.. A. Before being approved as an application assistant, an individual shall:. 1) Be recommended by a federal, State, or local governmental agency or a domestic violence, sexual assault, stalking, or human trafficking prevention or assistance program, or certify that the individual is a religious, medical, or other professional actively providing services to survivors of domestic violence, sexual assault, stalking, harassment, or human trafficking;
01.02.11.06.htm 01.02.11.06. 06 Documentation.. A. The application of a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking shall be supported by documentation under State Government Article, §7-304(b)2) Annotated Code of Maryland, and facilitated by an application assistant registered with the Secretary.B. If the application is being facilitated by an individual not registered as an application assistant with the Secretary, th
01.02.11.07.htm 01.02.11.07. 07 Authorization Card.. A. Within 10 working days of receipt of a completed and signed application, the Secretary shall approve or deny the applicant as a participant.B. If an application is approved, an authorization card shall be issued within 5 working days after the application is approved. The Secretary shall issue an authorization card to each survivor or household member named on the application form. The authorization card shall include:1) The participant's name;.
01.02.11.08.htm 01.02.11.08. 08 Renewal of Application.. A. A participant may renew Program participation by filing with the Secretary the following:. 1) A copy of the participant's current authorization card or a statement that the card was lost or destroyed; and2) A completed renewal form provided by the Secretary, which shall require all of the information described in Regulation .03 of this chapter.B. The Secretary shall send notice that a participant's participation is expiring 30 days before the
01.02.11.09.htm 01.02.11.09. 09 Change of Name, Address, or Telephone Number.. A. Notification of a change of name shall:. 1) Be on a form provided by the Secretary;. 2) Include a copy of the participant's authorization card; and. 3) Be accompanied by sufficient evidence of the change.. B. Sufficient evidence of a legal name change under State Government Article, §7-306, Annotated Code of Maryland, includes, but is not limited to, a marriage certificate.C. A participant may change the participant’s addr
01.02.11.10.htm 01.02.11.10. 10 Withdrawal from Program.. A. Withdrawal from the Program is governed by State Government Article, §7-304(c)2) Annotated Code of Maryland. The participant shall make the request on a form provided by the Secretary.B. On receipt of a request for withdrawal from the Program, the Secretary may investigate whether the withdrawal is coerced by attempting to contact the participant or the domestic violence program that assisted the participant, or both.C. A participant shall ad
01.02.11.11.htm 01.02.11.11. 11 Cancellation from Program.. A. The provisions of State Government Article, §7-305 and 7-307, Annotated Code of Maryland, govern when the Secretary may cancel the participation of a participant.B. Under State Government Article, §7-307(a)4) Annotated Code of Maryland, if the Secretary forwards mail to a participant and it is returned three times in succession as undeliverable, then the Secretary shall cancel the participant from the Program.C. Under State Government
01.02.11.12.htm 01.02.11.12. 12 Appeal of Cancellation.. If the Secretary cancels participation of a participant under, State Government Article, §7-305 or 7-307, Annotated Code of Maryland, the participant may appeal the decision by completing and filing an appeal form provided by the Secretary. The form shall require that the participant explain the circumstances that caused the violation of State Government Article, §7-305 or 7-307, Annotated Code of Maryland. The Secretary may speak to the particip
01.02.11.13.htm 01.02.11.13. 13 Waiver.. A. A State or local agency may request a waiver under State Government Article, §7-308(d) Annotated Code of Maryland, from the requirements of the Program for specific individual participants.B. The waiver request shall be in writing on a form provided by the Secretary and contain:. 1) Identification of the statutory, regulatory, or administrative requirements that demonstrate the agency's bona fide purpose for the use of the actual address of a participant;
01.02.11.14.htm 01.02.11.14. 14 Board of Elections.. Under State Government Article, §7-309, Annotated Code of Maryland, a participant’s residential address must be used for voter registration purposes. The local board may not disclose a participant’s address except as described in State Government Article, §7-309, Annotated Code of Maryland. A participant may request a local board of elections or the State Board of Elections to keep the address confidential under COMAR 33.04.02.02C. To register to
01.02.11.15.htm 01.02.11.15. 15 Disclosure.. A. The Secretary may not disclose any records regarding a participant without a court order.. B. The Secretary may verify the participation of a participant and may provide the substitute address in accordance with State Government Article, §7-310(b)2) and (c) Annotated Code of Maryland, or at the request of the participant.C. The Secretary shall provide immediate notification to the participant of any disclosure of the participant's actual address.
01.02.11.16.htm 01.02.11.16. 16 Service of Process.. A. Under State Government Article, §7-312(b) Annotated Code of Maryland, service of process on a participant, by a person or an agency that has received notice that the individual is a participant, shall be made:1) In person on the participant; or. 2) By mail on the Secretary.. B. On receipt of service of process by mail, the Secretary shall:. 1) Notify the participant; and. 2) Forward process by mail to the participant..
01.02.11.17.htm 01.02.11.17. 17 State Income Tax.. If a participant uses the substitute address when filing a State income tax return, the participant shall disclose the actual Maryland county and actual city, town, or taxing area.
01.02.11.18.htm 01.02.11.18. 18 Obligation on Receipt of Notice of Program Participation.. A. An agency or person who receives notification of Program participation in accordance with State Government Article, §7-311(c)1) Annotated Code of Maryland, shall adhere to the requirements under Regulation .07 of this chapter.B. Written notification acceptable as a form to put an agency or a person on notice under State Government Article, §7-311(c)1) Annotated Code of Maryland, includes any one of
01.02.11.19.htm 01.02.11.19. 19 Procedure to Request Shielding of Real Property Records.. A. To request the shielding of real property records, a participant shall notify the Secretary of initial consideration to purchase property before applying for financing or initiating the transaction, or, if the property was acquired without financing, immediately after acquiring an ownership interest in the real property.B. On request for shielding, the Secretary shall provide the following forms to the participant:.
01.02.11.20.htm 01.02.11.20. 20 Obligation on Receipt of Real Property ACP Notice.. A. On receipt of a Real Property ACP Notice:. 1) State and local agencies shall follow the established procedure in accordance with Real Property Article, §3-115 and 3-117, Annotated Code of Maryland; and2) A clerk of the circuit court shall provide a copy of any Real Property ACP Notice received under Real Property Article, §3-115, Annotated Code of Maryland, to both the:a) State Department of Assessments and Taxation; and.
01.02.11.21.htm 01.02.11.21. 21 Termination of Shielding on Program Cancellation.. If an individual who has requested the shielding of property records in accordance with Real Property Article, §3-115, Annotated Code of Maryland, ceases to be a participant;A. The Secretary shall give written notice to the clerk of the appropriate circuit court and the Maryland State Archives within 30 days after the individual ceases to participate in the Program; andB. The clerk of the circuit court and the Maryland
01.02.11.22.htm 01.02.11.22. 22 Authorized Disclosure for Title Examination.. A. On request, the Secretary may authorize the disclosure of real property records that have been shielded under Real Property Article, §3-116, Annotated Code of Maryland, for the purpose of performing a bona fide title examination.B. A request under Real Property Article, §3-118, Annotated Code of Maryland, shall include:. 1) The name, title, address, and affiliated organization, if applicable, of the individual requestin
01.02.11.9999.htm 01.02.11.9999. Administrative History Effective date:. Regulations .01―15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793) adopted permanently effective January 29, 2007 (34:2 Md. R. 137)Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025). Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11). Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11) November 29, 2021 (48:24 Md. R. 1025)
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