Title 030 | Chapter 010 | Regulation 040
SUPERSEDED
This document is no longer current.
SECRETARY OF STATE
(New Administrative Regulation)
30 KAR 10:040.Cancellation, appeal, and withdrawal.
Section 1.
Cancellation from Participation in Safe at Home Program.(1)
A program participant's certification in the Safe at Home Program shall be canceled if:(a)
The program participant fails to notify the Secretary of State of a name change;(b)
The program participant fails to notify the Secretary of State of an address change;(c)
The Secretary of State determines the program participant applied using false information;(d)
The program participant relocates outside of Kentucky;(e)
The program participant is no longer eligible;(f)
The program participant is required to register as a sex offender; or(g)
The program participant fails to submit an Application for Participation in the Safe at Home Program for renewal upon the expiration of the initial four (4) year enrollment.(2)
Upon cancellation, the Secretary of State shall send notice to the program participant of the cancellation of participation in the Safe at Home Program and include:(a)
The reasons for the cancellation;(b)
A copy of the Appeal from Cancellation of Certification in Safe at Home Program;(c)
Notification that an appeal must be received within thirty (30) days.Section 2.
Appeal from Cancellation of Certification in Safe at Home Program.(1)
A program participant or filer wishing to appeal from a cancellation of certification in the Safe at Home Program shall submit to the Secretary of State an Appeal from Cancellation of Certification in Safe at Home Program form.(2)
The Appeal from Cancellation of Certification in Safe at Home Program shall be considered timely submitted if it is date-stamped received by the Secretary of State within thirty (30) days of the date of the notice of certification cancellation.(3)
The Appeal from Cancellation of Certification in Safe at Home Program shall:(a)
Be in writing;(b)
Be in English;(c)
Be signed by the program participant or filer; and(d)
Include information as to why certification in the Safe at Home Program should not be cancelled.(4)
If an Appeal from Cancellation of Certification in Safe at Home Program is not timely submitted, cancellation of certification in the Safe at Home Program shall be effective upon the expiration of thirty (30) days after the date of the notice of certification cancellation.Section 3.
Review by the Assistant Secretary of State of an Appeal from Cancellation of Certification in Safe at Home Program.(1)
The Assistant Secretary of State shall approve or deny an Appeal from Cancellation of Certification in Safe at Home Program within five (5) business days after it is date-stamped received by the Office of the Secretary of State.(a)
The Assistant Secretary of State shall approve an Appeal from Cancellation of Certification in Safe at Home Program if he or she determines that grounds for cancellation pursuant to Ky Acts ch. 172 do not exist.(b)
The Assistant Secretary of State shall deny an Appeal from Cancellation of Certification in Safe at Home Program if he or she determines that grounds for cancellation pursuant to Ky Acts ch. 172 exist.(2)
The Assistant Secretary of State shall provide to the program participant or filer written notice of the decision regarding an Appeal from Cancellation of Certification in Safe at Home Program.(3)
If an Appeal from Cancellation of Certification in Safe at Home Program is timely submitted and denied pursuant to this section, cancellation of certification in the Safe at Home program shall be effective on the date on which the notice of denial is mailed.(4)
The decision of the Assistant Secretary of State shall conclude the appeal procedures pursuant to Ky Acts ch. 172 and this administrative regulation.Section 4.
Withdrawal from Participation in the Safe at Home Program.(1)
A program participant or filer wishing to withdraw from participation in the Safe at Home Program shall submit to the Secretary of State a Withdrawal from Participation in Safe at Home Program form.(2)
The Withdrawal from Participation in Safe at Home Program form shall be:(a)
In writing;(b)
In English;(c)
Signed by the program participant or a filer; and(d)
Notarized or signed by an Application Assistant.Section 5.
Confirmation by the Secretary of State of a Withdrawal from Participation in the Safe at Home Program.(1)
Upon receiving a Withdrawal from Participation in Safe at Home Program form, the Secretary of State shall mail to the program participant or filer a written confirmation of withdrawal.(2)
The written confirmation shall notify the program participant or filer:(a)
Of the date on which a Withdrawal from Participation in Safe at Home Program form was date stamped received by the Office of the Secretary of State; and(b)
That program participation shall be terminated ten (10) days following the date of the written confirmation of withdrawal, unless the program participant or a filer notifies the Secretary of State on or before that date that the withdrawal request was not legitimate because it was not voluntarily submitted by the program participant or a filer.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Withdrawal from Participation in Safe at Home Program", July 2023; and(b)
"Appeal from Cancellation of Certification in Safe at Home Program", July 2023.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Secretary of State's Office, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., or may be obtained at www.sos.ky.gov.MICHAEL G. ADAMS, Secretary of State
APPROVED BY AGENCY: June 27, 2023
FILED WITH LRC: June 29, 2023 at 3:00 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 26, 2023, at 10:00 a.m. EST, at Office of the Secretary of State. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until September 30, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jennifer Scutchfield, Assistant Secretary of State, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky 40601, phone (502) 782-7417, fax (502) 564-5687, email jscutchfield@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jennifer Scutchfield
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(b) The necessity of this administrative regulation:
Safe at Home Program, previously known as the Address Confidentiality Program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
In order for the Secretary of State to fulfill its duties under KRS 14.300, 14.302, 14.304, 14.306 and 14.310, this administrative regulation is necessary to establish the procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation is necessary to establish procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects citizens of the Commonwealth that are impacted by domestic violence or others facing physical or mental abuse if their address were public record. It also affects state and local agencies who have the victims address in their database or records.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Individuals identified in question (3) will have to familiarize themselves with this regulation and contact our office with questions. Our Office will also conduct outreach to increase knowledge amongst public entities.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There should be no cost to the public agencies. The Secretary of State will incur costs with the administration of this program but have funding, at least in this budget year to cover the program.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The victims of domestic violence will be protected from persons who pose them danger by not allowing those people to access their location.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The cost is minimal but will include purchase of a device to make identification cards, forwarding postal mail, training of assistance officers and contacting other agencies.
(b) On a continuing basis:
As the program grows, the cost of the program will increase, especially for mailing costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The legislature provided funding for the Safe at Home Program.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding will not be necessary, at least initially.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation neither establishes nor increases any fees.
(9) TIERING: Is tiering applied?
Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This regulation will impact local and state agencies who hold addresses for victims of domestic violence.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
This regulation is necessary because of 2023 RS SB 79 (2023 Regular Session Senate Bill 79) which creates the Safe at Home Program.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
There will be minimal costs to state and local government agencies for the first full year the regulation would be in effect. The Office of the Secretary of State will have expenditures for mailing costs, card maker and creation of the Program.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None
(c) How much will it cost to administer this program for the first year?
The actual cost is unknown, but after reviewing other programs around the country, the funds that are set aside for the Program by the legislature should cover the initial implementation of the Program. An estimate of first year costs are $15,000.00.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer the Program will depend on how many participants. An estimate of subsequent year costs are $10,000.00 a year.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None
Expenditures (+/-):
estimate $15,000.00
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
The regulation will increase the expenditures of the Secretary of State but it is anticipated the fund created by the legislature will accommodate the costs.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None
(c) How much will it cost the regulated entities for the first year?
Approximately $15,000.00
(d) How much will it cost the regulated entities for subsequent years?
Approximately $15,000.00
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate as determined by the promulgating administrative bodies [KRS 13A.010(13)]. This administrative regulation will not have a major economic impact.
SECRETARY OF STATE
(New Administrative Regulation)
30 KAR 10:040.Cancellation, appeal, and withdrawal.
Section 1.
Cancellation from Participation in Safe at Home Program.(1)
A program participant's certification in the Safe at Home Program shall be canceled if:(a)
The program participant fails to notify the Secretary of State of a name change;(b)
The program participant fails to notify the Secretary of State of an address change;(c)
The Secretary of State determines the program participant applied using false information;(d)
The program participant relocates outside of Kentucky;(e)
The program participant is no longer eligible;(f)
The program participant is required to register as a sex offender; or(g)
The program participant fails to submit an Application for Participation in the Safe at Home Program for renewal upon the expiration of the initial four (4) year enrollment.(2)
Upon cancellation, the Secretary of State shall send notice to the program participant of the cancellation of participation in the Safe at Home Program and include:(a)
The reasons for the cancellation;(b)
A copy of the Appeal from Cancellation of Certification in Safe at Home Program;(c)
Notification that an appeal must be received within thirty (30) days.Section 2.
Appeal from Cancellation of Certification in Safe at Home Program.(1)
A program participant or filer wishing to appeal from a cancellation of certification in the Safe at Home Program shall submit to the Secretary of State an Appeal from Cancellation of Certification in Safe at Home Program form.(2)
The Appeal from Cancellation of Certification in Safe at Home Program shall be considered timely submitted if it is date-stamped received by the Secretary of State within thirty (30) days of the date of the notice of certification cancellation.(3)
The Appeal from Cancellation of Certification in Safe at Home Program shall:(a)
Be in writing;(b)
Be in English;(c)
Be signed by the program participant or filer; and(d)
Include information as to why certification in the Safe at Home Program should not be cancelled.(4)
If an Appeal from Cancellation of Certification in Safe at Home Program is not timely submitted, cancellation of certification in the Safe at Home Program shall be effective upon the expiration of thirty (30) days after the date of the notice of certification cancellation.Section 3.
Review by the Assistant Secretary of State of an Appeal from Cancellation of Certification in Safe at Home Program.(1)
The Assistant Secretary of State shall approve or deny an Appeal from Cancellation of Certification in Safe at Home Program within five (5) business days after it is date-stamped received by the Office of the Secretary of State.(a)
The Assistant Secretary of State shall approve an Appeal from Cancellation of Certification in Safe at Home Program if he or she determines that grounds for cancellation pursuant to Ky Acts ch. 172 do not exist.(b)
The Assistant Secretary of State shall deny an Appeal from Cancellation of Certification in Safe at Home Program if he or she determines that grounds for cancellation pursuant to Ky Acts ch. 172 exist.(2)
The Assistant Secretary of State shall provide to the program participant or filer written notice of the decision regarding an Appeal from Cancellation of Certification in Safe at Home Program.(3)
If an Appeal from Cancellation of Certification in Safe at Home Program is timely submitted and denied pursuant to this section, cancellation of certification in the Safe at Home program shall be effective on the date on which the notice of denial is mailed.(4)
The decision of the Assistant Secretary of State shall conclude the appeal procedures pursuant to Ky Acts ch. 172 and this administrative regulation.Section 4.
Withdrawal from Participation in the Safe at Home Program.(1)
A program participant or filer wishing to withdraw from participation in the Safe at Home Program shall submit to the Secretary of State a Withdrawal from Participation in Safe at Home Program form.(2)
The Withdrawal from Participation in Safe at Home Program form shall be:(a)
In writing;(b)
In English;(c)
Signed by the program participant or a filer; and(d)
Notarized or signed by an Application Assistant.Section 5.
Confirmation by the Secretary of State of a Withdrawal from Participation in the Safe at Home Program.(1)
Upon receiving a Withdrawal from Participation in Safe at Home Program form, the Secretary of State shall mail to the program participant or filer a written confirmation of withdrawal.(2)
The written confirmation shall notify the program participant or filer:(a)
Of the date on which a Withdrawal from Participation in Safe at Home Program form was date stamped received by the Office of the Secretary of State; and(b)
That program participation shall be terminated ten (10) days following the date of the written confirmation of withdrawal, unless the program participant or a filer notifies the Secretary of State on or before that date that the withdrawal request was not legitimate because it was not voluntarily submitted by the program participant or a filer.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Withdrawal from Participation in Safe at Home Program", July 2023; and(b)
"Appeal from Cancellation of Certification in Safe at Home Program", July 2023.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Secretary of State's Office, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., or may be obtained at www.sos.ky.gov.MICHAEL G. ADAMS, Secretary of State
APPROVED BY AGENCY: June 27, 2023
FILED WITH LRC: June 29, 2023 at 3:00 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 26, 2023, at 10:00 a.m. EST, at Office of the Secretary of State. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until September 30, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jennifer Scutchfield, Assistant Secretary of State, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky 40601, phone (502) 782-7417, fax (502) 564-5687, email jscutchfield@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jennifer Scutchfield
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(b) The necessity of this administrative regulation:
Safe at Home Program, previously known as the Address Confidentiality Program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
In order for the Secretary of State to fulfill its duties under KRS 14.300, 14.302, 14.304, 14.306 and 14.310, this administrative regulation is necessary to establish the procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation is necessary to establish procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects citizens of the Commonwealth that are impacted by domestic violence or others facing physical or mental abuse if their address were public record. It also affects state and local agencies who have the victims address in their database or records.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Individuals identified in question (3) will have to familiarize themselves with this regulation and contact our office with questions. Our Office will also conduct outreach to increase knowledge amongst public entities.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There should be no cost to the public agencies. The Secretary of State will incur costs with the administration of this program but have funding, at least in this budget year to cover the program.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The victims of domestic violence will be protected from persons who pose them danger by not allowing those people to access their location.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The cost is minimal but will include purchase of a device to make identification cards, forwarding postal mail, training of assistance officers and contacting other agencies.
(b) On a continuing basis:
As the program grows, the cost of the program will increase, especially for mailing costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The legislature provided funding for the Safe at Home Program.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding will not be necessary, at least initially.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation neither establishes nor increases any fees.
(9) TIERING: Is tiering applied?
Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This regulation will impact local and state agencies who hold addresses for victims of domestic violence.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
This regulation is necessary because of 2023 RS SB 79 (2023 Regular Session Senate Bill 79) which creates the Safe at Home Program.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
There will be minimal costs to state and local government agencies for the first full year the regulation would be in effect. The Office of the Secretary of State will have expenditures for mailing costs, card maker and creation of the Program.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None
(c) How much will it cost to administer this program for the first year?
The actual cost is unknown, but after reviewing other programs around the country, the funds that are set aside for the Program by the legislature should cover the initial implementation of the Program. An estimate of first year costs are $15,000.00.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer the Program will depend on how many participants. An estimate of subsequent year costs are $10,000.00 a year.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None
Expenditures (+/-):
estimate $15,000.00
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
The regulation will increase the expenditures of the Secretary of State but it is anticipated the fund created by the legislature will accommodate the costs.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None
(c) How much will it cost the regulated entities for the first year?
Approximately $15,000.00
(d) How much will it cost the regulated entities for subsequent years?
Approximately $15,000.00
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate as determined by the promulgating administrative bodies [KRS 13A.010(13)]. This administrative regulation will not have a major economic impact.