Okla. Admin. Code § 75:20-1-14

Current through Vol. 42, No. 4, November 1, 2024

Section 75:20-1-14 - Agency exemption

(a) An agency requesting an exemption under 22 O.S. § 60.14(F) must provide in writing to the Office of Attorney General the following:

(1) Identification of the statute or administrative rule that demonstrates the agency's bona fide requirement and authority for the use of the actual address of the participant;

(2) Identification and description of the specific record for which the exemption is requested;

(3) Identification of the individual(s) who will have access to the record;

(4) An explanation of how the acceptance of a substitute address will prevent the agency from meeting its obligations under the statute or rule identified above; and

(5) An explanation of why the agency cannot meet its statutory or administrative obligations by a change in its internal procedures.

(b) The determination of the Office of Attorney General to grant or deny a request for exemption will be based on, but not limited to, an evaluation of the information provided under this Section.

(c) If the Office of Attorney General determines that an agency has a bona fide statutory or administrative requirement for the use of a program participant's actual address and that the address will be used only for those statutory and administrative purposes, the Office of Attorney General may issue a written exemption for the agency. The written exemption may include:

(1) An agency's obligation to maintain the confidentiality of a program participant's address;

(2) Limitations on the use and access to the address;

(3) Term during which the exemption is authorized for the agency;

(4) Designation of the record format on which the address information may be maintained;

(5) Designation of an address information disposition date after which the agency may no longer maintain a record of the address information.

(6) Any provisions and qualifications determined appropriate by the Office of Attorney General.

(d) The denial by the Office of Attorney General of an agency exemption request shall be made in writing and include a statement of the specific reasons therefore.

(e) The Office of Attorney General shall keep a record of all exemptions and all documentation relating to requests for exemption.

Okla. Admin. Code § 75:20-1-14

Transferred from 655:30-1-14 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 26 Ok Reg 2434, eff 7-11-09

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016