Section 1360-11-01-.03 - PARTICIPANT RESPONSIBILITIES(1) Program participants must provide the substitute address to all governmental and private entities to ensure the confidentiality of the program participant's confidential address. Program participants must also provide the substitute address to all governmental and private entities in matters relating to the participant's minor children to ensure the confidentiality of the program participant's confidential address.(2) Program participants are not permitted to use their substitute address for the following purposes, and must instead use their confidential address:(a) For purposes of listing, appraising, or assessing property taxes and collecting property taxes; or(b) On any document related to real property recorded with a county clerk and recorder.(3) If a program participant obtains a legal name change, the participant must provide evidence of the legal name change to the Office of the Secretary of State within ten (10) days of the date of the legal name change.(4) Program participants must notify the Office of the Secretary of State of any change in the participant's residential address and/or application information in writing within thirty (30) days after any change has occurred by submitting a Notice of Change Form to the Office of Secretary of State. This Notice of Change must be notarized; if the Notice of Change is not properly notarized, the Participant's information cannot be updated and the Participant may become subject to cancellation.(a) Program participants will be required to provide documentation to verify any change in the program participant's residential address to the satisfaction of the Office of the Secretary of State. Such documentation may include, but is not limited to, a rental agreement or a utility service agreement, executed within thirty (30) days of the date of the reported change.(b) In the event that the participant moves to a new residential address, or the participant's contact information otherwise changes, and the participant does not provide notification of such to the Office of the Secretary of State, any materials received at the participant's substitute address may not be received by the participant upon forwarding of the materials by the Office of the Secretary of State and the program participant may be prevented from voting in any precinct other than the precinct established by the program participant's application. Any materials which cannot be delivered to the program participant will be maintained by the Office of the Secretary of State for a period of twenty (20) business days and will then be destroyed if unclaimed.(c) In the event that a program participant moves to a new residential address outside of the State of Tennessee, the program participant may submit a Change of Address form showing the new, out-of-state address and the Office of the Secretary of State will forward program participant mail received at the substitute address for up to sixty (60) days or until the program participant enrolls in the state's address confidentiality program, if available. Participants who enroll in an address confidentiality program in another state should withdraw their program participation in Tennessee. If the program participant does not withdraw their program participation in Tennessee and does not return to Tennessee within the sixty (60) day forwarding period, program participation will be cancelled.(5) Program participants must request that any public record created within thirty (30) days prior to the date of the participant's application for participation and which contains the participant's confidential address be treated as confidential by the governmental entity holding the public record and/or that the confidential address be substituted with the substitute address, and must provide proof of program participation to the governmental entity.(6) Program participants must abide by all applicable voter registration and absentee deadlines, as well as any procedures established by the coordinator of elections for the submission and processing of absentee ballots by program participants.(7) Program participants must provide the substitute address and evidence of program participation to public schools for purposes of enrollment for themselves or their minor children in order to ensure the confidentiality of the program participant's confidential address. Public school officials must then contact the Office of the Secretary of State in order to obtain verification of eligibility for enrollment, if residential verification is required. The Office of the Secretary of State shall then provide confirmation or denial of enrollment eligibility based on the most recent information provided to the Office of the Secretary of State by the program participant.(8) Program participants may be required to provide their confidential residential address to a utility service provider for the purposes of obtaining utility services. Program participants must also provide the utility service provider with evidence of program participation and request that the utility service provider treat their residential address as confidential. The program participant may also request that the utility service provider use the substitute address as the program participant's official mailing address.(9) Program participation certification shall be valid for four (4) years following the date of filing of the application by the Office of the Secretary of State, unless participation is otherwise withdrawn or invalidated prior to the end of the four year term. A program participant who wishes to renew their participation beyond the current four (4) year term may do so by submitting a renewal application to the Office of the Secretary of State within the ninety (90) days prior to the termination of the current four (4) year term. The renewal application must contain all of the information required by Rule 1360-11-01-.02(c).(10) Program participants are exempt from selection for state and municipal jury duty. In the event that the program participant receives a jury summons for either a state or municipal jury, it shall be the responsibility of the program participant to notify the summoning court of the participant's participation in the program and exempt status. Program participants may not fail to respond to a jury summons.(11) If an individual ceases to be a program participant, by reason of either cancellation or withdrawal, it shall be the responsibility of such individual to notify persons and entities that use of the substitute address is no longer valid.Tenn. Comp. R. & Regs. 1360-11-01-.03
Emergency rules filed October 30, 2018; effective through April 28, 2019. Emergency rules expired effective April 29, 2019. Original rules filed November 21, 2019; effective February 19, 2020. Emergency rules filed June 2, 2020; effective through November 29, 2020. Emergency rules expired effective November 30, 2020, and the rules reverted to their previous statuses. Amendments filed September 9, 2020; effective 12/8/2020.Authority: T.C.A. §§ 40-38-601, et seq; and Public Chapter 577, enacted March 19, 2020.