Md. Code Regs. 01.02.11.18

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

Section 01.02.11.18 - 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 the following as long as they state the requirements of the Program and that the individual is a participant:

(1) Notice of ACP Participation;

(2) Current and valid authorization card;

(3) A copy of the welcome letter issued to the participant on designation as a participant; or

(4) Written communication from the Secretary identifying an individual as a participant.

C. The Notice of ACP Participation shall be on the form that the Secretary prescribes and shall include the:

(1) Full legal name of the participant;

(2) Participant's ACP number;

(3) Substitute address designated by the Secretary as the participant's address;

(4) Program requirements in accordance with State Government Article, § 7 - 311(c)(1), Annotated Code of Maryland;

(5) Telephone number of the Program; and

(6) Signature of the participant.

D. The Notice of ACP Participation satisfies the request that a bank, a credit union, any other depository institution, or any other financial institution within the meaning of Financial Institutions Article, §1-101, Annotated Code of Maryland, may require under State Government Article, §7-308(b)(2), Annotated Code of Maryland.

E. An agency or person who receives notification of Program participation in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland, may not knowingly disclose the participant's name, home address, work address, or school address unless the:

(1) Person to whom the address is disclosed also lives, works, or goes to school at the disclosed address; or

(2) Participant has provided written consent to the disclosure of the participant's name, home address, work address, or school address for the purpose for which the disclosure will be made.

F. An agency or person on notice and authorized to disclose the name, home address, work address, or school address of a participant by the participant's consent under State Government Article, §7-311(c)(1)(ii), Annotated Code of Maryland, shall limit disclosure to only those disclosures that are necessary for the purpose for which the consent is provided.

G. On disclosure under State Government Article, §7-311(c), Annotated Code of Maryland, an agency or person on notice shall forward the notification of Program participation to the agency or person to whom the disclosure is made in order to put that agency or person on notice.

H. An agency or person on notice is presumed to have specific knowledge that the address and other identity information belongs to a participant.

I. An agency or person on notice shall use the participant's substitute address for mailed correspondence.

J. Consent of the participant as set forth in State Government Article, §7-311(c), Annotated Code of Maryland, is required before an agency or person on notice may use the participant's actual address on internal records or electronic databases that may be sold, transferred, or shared with third parties.

Md. Code Regs. 01.02.11.18

Regulation .18 adopted effective 46:1 Md. R. 11, eff. 1/14/2019; amended effective 48:24 Md. R.1025, eff. 11/29/2021