Md. Code Regs. 01.02.11.13

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.02.11.13 - 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;

(2) Identification of the specific participant for which the waiver is requested;

(3) Identification of the individuals and agencies that will have access to the record;

(4) The name and telephone number of an individual to contact regarding the request; and

(5) An explanation of how the agency's acceptance of a substitute address will prevent the agency from meeting its obligations under the statute or regulation listed in §B(1) of this regulation.

C. During review of the agency's request for a waiver, the agency shall use the participant's substitute address for any record that is the subject of the waiver request.

D. Before granting a waiver, the Secretary shall:

(1) Notify the participant of the waiver request; and

(2) Inform the participant of the agency requesting the waiver and the reasons for the request.

Md. Code Regs. 01.02.11.13

Regulations .13 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); amended effective 48:24 Md. R.1025, eff. 11/29/2021