2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 67 - Domestic and Sexual Violence Victim Address Confidentiality
6709 - Waiver process.

     § 6709.  Waiver process.
        (a)  Request for waiver.--A State or local government agency
     requesting disclosure of a program participant's actual address
     pursuant to this section shall make such a request in writing on
     agency letterhead and shall provide the Office of Victim
     Advocate with the following information:
            (1)  The name of the program participant for whom the
        agency seeks disclosure of the actual address.
            (2)  A statement, with explanation, setting forth the
        reason or reasons that the agency needs the program
        participant's actual address and a statement that the agency
        cannot meet its statutory or administrative obligations
        without disclosure of the program participant's actual
        address.
            (3)  A particular statement of facts showing that other
        methods to locate the program participant or the program
        participant's actual address have been tried and have failed
        or that the methods reasonably appear to be unlikely to
        succeed.
            (4)  A statement that the agency has adopted a procedure
        setting forth the steps the agency will take to protect the
        confidentiality of the program participant's actual address.
        (b)  Notice to program participant.--
            (1)  Except as provided in paragraph (3), the Office of
        Victim Advocate shall provide the program participant with
        notice of a request for waiver received pursuant to
        subsection (a), and, to the extent possible, the program
        participant shall be afforded an opportunity to be heard
        regarding the request.
            (2)  Except as provided in paragraph (3), the Office of
        Victim Advocate shall provide the program participant with
        written notification whenever a waiver has been granted or
        denied pursuant to this section.
            (3)  No notice or opportunity to be heard shall be given
        to the program participant when the request for disclosure is
        made by a State or local law enforcement agency conducting a
        criminal investigation involving alleged criminal conduct by
        the program participant or when providing notice to the
        program participant would jeopardize an ongoing criminal
        investigation or the safety of law enforcement personnel.
        (c)  Review of request for waiver.--The Office of Victim
     Advocate shall promptly conduct a review of all requests
     received pursuant to this section. In conducting a review, the
     Office of Victim Advocate shall consider all information
     received pursuant to subsections (a) and (b) and any other
     appropriate information that the Office of Victim Advocate may
     require.
        (d)  Criteria for granting a request for waiver.--The Office
     of Victim Advocate shall grant a State or local government
     agency's request for waiver and release a program participant's
     actual address pursuant to this section if:
            (1)  the agency has a bona fide statutory or
        administrative need for the actual address;
            (2)  the actual address will only be used for the purpose
        stated in the request;
            (3)  other methods to locate the program participant or
        the program participant's actual address have been tried and
        have failed or such methods reasonably appear to be unlikely
        to succeed; and
            (4)  the agency has adopted a procedure for protecting
        the confidentiality of the actual address of the program
        participant.
        (e)  Form of waiver.--Upon granting a request for waiver
     pursuant to this section, the Office of Victim Advocate shall
     provide the State or local government agency receiving the
     waiver with a form containing:
            (1)  the program participant's actual address;
            (2)  a statement setting forth the permitted use of the
        actual address and the names or classes of persons permitted
        to have access to and use of the actual address;
            (3)  a statement that the agency receiving the waiver is
        required to limit access to and use of the actual address to
        the permitted use and persons set forth in the waiver; and
            (4)  the date on which the waiver expires if the
        permitted use makes the expiration appropriate, after which
        the agency may no longer maintain, use or have access to the
        actual address.
        (f)  Requirements of a State and local government agency
     receiving a waiver.--A State or local government agency granted
     a waiver by the Office of Victim Advocate pursuant to this
     section shall:
            (1)  limit the use of the program participant's actual
        address to the purposes set forth in the waiver;
            (2)  limit the access to the program participant's actual
        address to the persons or classes of persons set forth in the
        waiver;
            (3)  cease to use and dispose of the program
        participant's actual address upon the expiration of the
        waiver; and
            (4)  except as otherwise set forth in the waiver,
        maintain the confidentiality of a program participant's
        actual address.
        (g)  Denial of request for waiver.--Upon denial of a State or
     local government agency's request for waiver, the Office of
     Victim Advocate shall provide prompt written notification to the
     agency stating that the agency's request has been denied and
     setting forth the specific reasons for the denial.
        (h)  Filing of exceptions.--A State or local government
     agency may file written exceptions with the Office of Victim
     Advocate no more than 15 days after written notification is
     provided pursuant to subsection (g). The exceptions shall
     restate the information contained in the request for waiver,
     state the grounds upon which the agency asserts that the request
     for waiver should be granted and specifically respond to the
     Office of Victim Advocate's specific reasons for denial.
        (i)  Review of exceptions and determination.--Unless the
     State or local government agency filing exceptions agrees
     otherwise, the Office of Victim Advocate shall make a final
     determination regarding the exceptions within 30 days after the
     filing of exceptions pursuant to subsection (h). Prior to making
     a final determination regarding the exceptions, the Office of
     Victim Advocate may request additional information from the
     agency or the program participant and conduct a hearing. If the
     final determination of the Office of Victim Advocate is that the
     denial of the agency's request for waiver was properly denied,
     the Office of Victim Advocate shall provide the agency with
     written notification of this final determination stating that
     the agency's request has again been denied and setting forth the
     specific reasons for the denial. If the final determination of
     the Office of Victim Advocate is that the denial of the agency's
     request for waiver has been improperly denied, the Office of
     Victim Advocate shall grant the agency's request for waiver in
     accordance with this section. The final determination of the
     Office of Victim Advocate shall be the final order of the Office
     of Victim Advocate.
        (j)  Agency appeal of final determination.--Within 30 days
     after notification that the Office of Victim Advocate has made a
     final determination affirming the denial of a State or local
     government agency's request for waiver, an agency may file a
     petition for review or any such other document as permitted or
     required by general court rules. The Office of Victim Advocate
     shall be given notice of any action commenced in accordance with
     this subsection or general rule and shall be afforded an
     opportunity to respond as permitted or required by general court
     rules.
        (k)  Record on appeal.--The record before any court hearing
     an agency appeal pursuant to subsection (j) shall consist of the
     State or local government agency's request for waiver, the
     Office of Victim Advocate's written response, the agency's
     exceptions, the hearing transcript, if any, and the Office of
     Victim Advocate's final determination.
        (l)  Use of substitute address during certain periods.--
     During any period of review, evaluation or appeal, the agency
     shall, to the extent possible, accept and use the program
     participant's substitute address.
        (m)  Waiver.--Nothing in this section shall be construed to
     prevent the Office of Victim Advocate from granting a waiver to
     a State or local government agency pursuant to this section upon
     receipt of a program participant's written consent to do so.

        Cross References.  Section 6709 is referred to in sections
     6707, 6708 of this title.