COLORADO SECRETARY OF STATE
[8 CCR 1505-13]
Address Confidentiality Program Rules

Preliminary Draft of Proposed Rules

June 29, 2011

Disclaimer: This draft is not necessarily final. The proposed changes to be considered at the public rulemaking hearing may be different than the proposed changes in this draft. This draft is submitted to the Department of Regulatory Agencies for the purpose of complying with section 24‑4‑103(2.5), C.R.S., which requires that a draft be submitted to the Department at the time that a notice of proposed rulemaking is filed with the Secretary of State.

If revisions to this draft are made prior to the rulemaking hearing, a revised copy of the proposed rule changes will be available to the public no later than August 3, 2011, and a copy will be posted on the Department of State’s web site, in compliance with the requirement of section 24‑4‑103(4)(a), C.R.S., that “[a]ny proposed rule or revised proposed rule by an agency which is to be considered at the public hearing…shall be made available to any person at least five days prior to said hearing.”
Proposed additions to the current rules are reflected in small caps. Proposed deletions from current rules are shown in stricken type. Annotations may be included.
8 CCR 1505-13 would be repealed in whole as follows:
DEPARTMENT OF STATE
Secretary of State
ADDRESS CONFIDENTIALITY PROGRAM RULES
8 CCR 1505-13
Repealed.
[Repeal would be effective on the date that the Executive Director of the Department of Personnel and Administration adopts Address Confidentiality Program Rules in accordance with section 24‑30‑2113, C.R.S., but no later than January 1, 2012] 
1.0  Introduction
1.1  Authority
These regulations are adopted pursuant to the authority in §24-21-201, et seq., C.R.S., (the “Address Confidentiality Program Act” ) and are intended to be consistent with the requirements of the State Administrative Procedure Act, §24-4-101, et seq. (the “APA” ).
1.2  Scope and Purpose
These rules are intended to clarify and carry out the provisions of the Address Confidentiality Program Act [ §24-21-201, et seq.].
1.3  Specific Authority
Specific authority for rule-making is provided by §24-21-213, C.R.S.
2.0  Definitions
2.1	“Other Family Member” as used in §24-21-205(3)(j),” other family member” means a person who resides with the victim and defines himself or herself as a family member regardless of any blood or marital relationship.
3.0  Application Assistant Designation
3.1	The Application Assistant training and registration process consists of:
a)	Attending an in-person training conducted by or on behalf of the Address Confidentiality Program or completing the online training provided on the Address Confidentiality Program website and;
b)	Submitting a signed and completed Application Assistant Agreement.
3.2	The Application Assistant designation is valid for a two-year period, and may be renewed by submitting a new Application Assistant Agreement prior to the end of the two-year term.
3.3	Application Assistants must provide the Address Confidentiality Program with current employer and contact information.
3.4	Application Assistants who change employment may retain their designation as long as they continue to meet the statutory criteria for an Application Assistant.
3.5	The Address Confidentiality Program will notify Application Assistants in writing prior to the expiration of their designation using the employment contact information on record with the program.
3.6	An Application Assistant designation will expire if the notice to renew the designation is returned as undeliverable.
3.7	An Application Assistant may cancel his or her designation at any time by submitting a notice of resignation, in writing, to the address confidentiality program.
4.0  Participant Telephone Number and Address Changes
4.1	Participants must notify the Address Confidentiality Program of any changes in address or telephone number in writing. Participants may use the “Change of Information Form” provided by the program or any other written format, so long as the notification contains the signature of the participant (or the parent or guardian of the participant) requesting the change.
5.0  Expedited release of Participant Information to Criminal Justice Officials or Agencies
5.1	Expedited release of participant information shall be granted in response to a written request setting forth the reason(s) requiring the expedited release of information to the criminal justice agency. The request must be on agency letterhead and signed by the employee of the criminal justice agency requesting such information and his or her direct supervisor, or acting supervisor if the employee’s direct supervisor is unavailable.
5.2	In accordance with §24-21-210(12), C.R.S., the request must be accompanied by a notarized statement certifying that the information requested is required pursuant to a criminal justice trial, hearing, proceeding, or investigation involving a program participant, and that the participant’s actual address will be protected from the public and personnel who are not involved in the trial, hearing, proceeding or investigation. In lieu of the statement, a criminal justice agency or official may submit a notarized “Emergency Disclosure of Information” form available on the address confidentiality program website.
6.0  Public School Enrollment and Record Transfers
6.1	At the request of an enrolling school, the Address Confidentiality Program will determine the student/participant’s school district and eligible schools based on the residential address on record with the program.
6.2	The Address Confidentiality Program will notify the enrolling school of its findings in writing.
6.3	The Address Confidentiality Program will request a student’s records for the purpose of transferring such records from one school to another upon receiving the written request and authorization from the student’s parent or legal guardian.