WSR 26-14-121 (26-14)

For the purposes of this chapter:

(1) (("Actual residential address" for purposes of the application means the physical location where the participant resides, for which the participant is requesting confidentiality.

(2))) "Address confidentiality program (ACP)" means ((the agency employee designated))a program designed to provide individuals certified as program participants, under chapter 40.24 RCW, with a substitute address to be used by state and local governments for the purpose of protecting the residential address of the participant. The program is run by the office of the secretary of state ((with)), which has responsibility for developing and administering the program that implements the provisions of chapter 40.24 RCW.

(((3)))(2) "Agency" means every elected or appointed state or local public office, public officer, or official, department, division, bureau, board, commission, committee, council, authority, agency, institution of higher education, or other unit of the executive, legislative, or judicial branch of the state; or any city, county, city and county, town, special district, school district, local improvement district, or other statutory unit of state or local government or any functional subdivision of that agency, or any other kind of municipal, quasi-municipal, or public corporation.

(((4)))(3) "Applicant" means an adult person, a parent or guardian acting on behalf of a minor, if the minor resides with the applicant, or a guardian acting on behalf of an incapacitated person ((as defined in RCW 11.88.010)).

(((5)))(4) "Application assistant" means an employee of a state or local agency, or of a nonprofit program that provides advocacy, counseling, referral, or shelter services to victims of domestic violence, sexual assault, ((domestic violence))stalking, or trafficking((, or stalking)) who has been designated by the respective agency, and has been accepted by the secretary of state to assist individuals with threat assessment, safety planning, and the completion and submission of the ACP application.

(((6)))(5) "Authorization card" means the official card issued by the secretary of state to a participant, which must state the participant's name, date of birth, substitute address, and certification expiration date((, and signature line for the program participant.

(7) "Authorized personnel" means an employee of a county auditor's office, a county recording office, the Washington state department of health, or the office of the secretary of state who has been designated by the chief executive officer of the respective agency, to process and have access to voter application, voting records, marriage applications and records pertaining to program participants)).

(((8)))(6) "Bona fide statutory or administrative requirement" means that without possession of an individual's ((actual)) residential address the agency is incapable of fulfilling its statutory duties and obligations.

(((9)))(7) "Certification" means that the secretary of state has determined that the application has been properly completed and meets the requirements for entering into or continuing in the program.

(((10)))(8) "Change of identity" means that the program participant has changed the participant's name and Social Security number in an attempt to sever all connections to a previous name.

(((11) "Criminal justice participant" means a criminal justice employee as defined in RCW 9A.46.020 who is a target for threats or harassment prohibited under RCW 9A.46.020 (2)(b)(iii) or (iv), and any family members residing with them.

(12) "Domestic violence" means an act as defined in RCW 10.99.020, including a threat of such acts, committed against an individual in a domestic situation, regardless of whether these acts of threats have been reported to law enforcement officers.

(13)))(9) "Cohabitant" means an adult or minor who will reside within the household of the participant (cohabitating), whose eligibility relies on the participant's certification in the program.

(10) "Mail" means first class letters and flats delivered via the United States Postal Service, including priority, express, certified, and registered mail, and excluding packages, parcels, periodicals, and catalogues, unless they ((are clearly identifiable as pharmaceuticals or)) clearly indicate they are sent by a government agency.

(((14)))(11) "Mailing address" means the residential street address to which the secretary of state will forward a participant's mail or the alternative mailing address provided by the participant.

(((15)))(12) "Minor child" means an individual who has not attained the age of 18, residing with or under the guardianship of an adult applicant or program participant.

(((16)))(13) "Participant mail box (PMB)" means the specific identifier assigned by the secretary of state to a program participant for use in sorting mail and confirming program participation ((in accordance with subsection (10) of this section)).

(((17)))(14) "Program participant" or "participant" means ((an individual accepted as))a person certified ((for the program under))into the address confidentiality program in accordance with RCW 40.24.030.

(((18)))(15) "Protected records marriage" means a program participant who has applied for and qualified ((for protected marriage records, as provided under WAC 434-840-200 and 434-840-310))to have their marriage record protected.

(((19)))(16) "Protected records voter" means a program participant who has applied and qualified ((for confidential))to have their voter registration protected, as provided under RCW 40.24.060((,))and WAC 434-840-100((, and 434-840-310)).

(((20)))(17) "Public record" means any paper, correspondence, completed form, bound record book, photograph, film, sound recording, map drawing, machine-readable material, compact disc meeting current industry ISO specifications, or other document, regardless of physical form or characteristics, and including such copies thereof, that have been made by or received by any state or local governmental agency of the state of Washington in connection with the transaction of public business, and legislative records as described in RCW 40.14.100.

(((21) "Sexual assault" means an act as defined in RCW 70.125.030 and includes an attempt to commit such acts against an individual, regardless of whether these acts, attempts, or threats have been reported to law enforcement officers.

(22) "Stalking" means an act as defined in RCW 9A.46.110 and includes threats of such acts committed against an individual, regardless of whether these acts or threats have been reported to law enforcement officers.

(23)))(18) "Residential address" means the physical location where the participant resides, for which the participant is requesting confidentiality.

(19) "Substitute address" means an address designated by the secretary, including the identification number that is used by a participant to receive mail, instead of providing their ((actual residence))residential address.

(((24) "Trafficking" means an act as defined in RCW 9A.40.100 or an act recognized as a severe form of trafficking under 22 U.S.C. Sec. 7102(8) as it existed on June 12, 2008, or such subsequent date as may be provided by the secretary of state by rule, consistent with the purposes of this subsection, regardless of whether the act has been reported to law enforcement.))

(1) ((The secretary of state shall certify an applicant as a program participant when the secretary of state receives an application that contains:

(a) The full legal name and date of birth of the applicant(s);

(b) A listing of all minor children residing at the residential address, each minor child's full legal name, and each minor child's date of birth, and each minor child's relationship to the applicant;

(c) A listing of all adults residing at the residential address requesting participation, each adult's full legal name, date of birth, and relationship to the applicant;

(d) The applicant's actual Washington state residential address;

(e) The telephone number of the applicant(s);

(f) The address to which mail should be sent, this may be the same as the residential address;

(g) A sworn statement, under penalty of perjury, by the applicant, that the applicant has good reason to believe either:

(i) That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, trafficking, or stalking, and that the applicant fears for their safety or the safety of their children, or the safety of any minor children or incapacitated person on whose behalf the application is made; or

(ii) That the applicant, as a criminal justice participant as defined in RCW 9A.46.020, is a target for threats or harassment prohibited under RCW 9A.46.020.

(h) The state of Washington personnel number, if the applicant or any of the persons covered by the application is a Washington state employee;

(i) The applicant's signature;

(j) The date on which the applicant signed the application;

(k) The signature, printed name, and phone number of the application assistant designated by the secretary of state under RCW 40.24.080 who assisted in preparation of the application;

(l) A designation of the secretary of state to act as legal agent for purposes of service of process and for the purpose of receipt of mail.

(2) The completed application and any additional materials shall be submitted to the secretary of state; and

(3) If the completed application does not meet the requirements of this part))The address confidentiality program (ACP) shall certify an applicant as a program participant when the secretary of state receives a completed application as outlined in RCW 40.24.030 and containing:

(a) Names of all persons cohabiting with the applicant that are to be enrolled in ACP along with their date of birth; and

(b) An acknowledgment that services ACP provides cannot protect the applicant's residential address, if perpetrator already knows where they are residing or is already associated with the applicant in public records.

(2) If the application is incomplete, the secretary of state will contact the applicant to obtain missing information. The applicant shall be certified only if the required missing information is provided.

(3) Adults cohabiting with the applicant who wants to participate in the program must sign an application, providing their name, date of birth, and designating ACP as the agent for purposes of service of process and for the purpose of receipt of mail. The application must be also signed by the primary applicant/participant acknowledging the eligibility of the household member.

(1) The secretary of state shall certify an applicant, minor children, and adults residing at the residential address for whom a properly completed application or renewal is ((filed as a program participant))received and processed declaring the applicant and cohabitants are participants in the program. The effective date will be the date the application is processed and certified.

(2) Upon certification of the applicant, the secretary of state will issue, and mail, an address confidentiality program participant authorization card to the applicant's mailing address with instructions on how to use the address confidentiality program card. ((For participants under age 18, the card must be signed by the adult responsible for the participant.)) The authorization card will include the program participant's name, authorization code, substitute mailing address, and certification expiration date((, and a signature line for the applicant.

(3) A properly completed application will be effective within two business days of receipt by the address confidentiality program)).

(((4)))(3) The term of a program participant's certification shall be four years ((following the effective date of her or his application)), unless the certification is withdrawn or invalidated before that date.

(((5)))(4) At the time of certification, the secretary of state will send a voter registration application to the ((applicant))participant accompanied by information related to participating in voting as a protected records voter.

(((6)))(5) Secretary of state staff members must first verify the identity of an application assistant, program applicant, or program participant prior to any discussion of any data related to any applicant or participant or their certification.

(1) Program participants may use the substitute address provided by the secretary of state when interacting with any state or local agency on all forms or applications that require an address.

(2) Every state or local government agency, or office, shall accept the substitute address issued by the secretary of state as the only address for all program participants when the participant provides the ((address and)) authorization card ((and authorization number)), unless the agency has an exemption pursuant to RCW 40.24.050 and WAC 434-840-070. Program participants are not required to respond to any question regarding the details or circumstances of the person's inclusion in the program. The public agency may contact the secretary of state to verify program participation and for additional program information.

(3) The agency official creating a new record may make a file photocopy of the authorization card and will immediately return the authorization card to the program participant.

(4) The agency official may call the program to verify an individual's participation status in the program and to confirm the participant's authorization number (PMB).

(5) The secretary of state is the agent for receipt of all mail sent to program participants at the substitute address.

(6) All first class, certified, or registered mail specifically addressed to the program participant at the substitute address will be forwarded ((at least every second business day)) to each participant's mailing address, using "return service requested" designation on the envelope. The secretary of state is not required to forward mail that is not specifically addressed to the participant.

(7) The secretary of state may hold a participant's mail for up to five business days upon verbal request of the participant. The hold may be up to three weeks if the participant's request is written and signed and provides a contact telephone number for the hold period. The secretary of state must compare the signature on the hold request with that on file for the participant prior to holding the mail. In the absence of a specific hold date from the participant, the hold date is the date of receipt by the secretary of state.

When the secretary of state becomes aware that a minor child ((has reached))will reach the age of 18, the secretary of state will inform the minor child and participant of options related to continued participation in the address confidentiality program. These options include leaving the program, applying for continuation in the program, ((and))if cohabitating with the participant, or reapplying on their own behalf.

(1) ((In anticipation of the minor child participant's 18th birthday,))The secretary of state will send ((an))a cohabitating adult application ((packet))along with the options via first class mail to the ((participant's substitute address. The packet))participant and minor child 30 days prior to their 18th birthday. The application will include instructions on actions to be taken by age 18((. The packet will include))and a notice that if the participant does not ((respond within 30 days they will be removed from the program, and mail forwarding will stop. If 30 days passes without contact from the participant, the secretary of state will mail a final notice that the participant's certification will be canceled if the participant fails to submit the certification of continuance within 10 days))complete an application before turning 18 years old, they will be canceled from the program. The notice should include that failure to complete and return the application will result in their mail not being forwarded.

(2) The packet will include the application form and information about voter registration, including information about how to register to vote as a protected records voter.

(3) The secretary of state shall renew the certification of a ((participant))cohabitant upon receipt of a properly completed application form.

(((4) A participant who reaches age 18 and changes residence may reapply through an application assistant, or withdraw.

(5) Program participants that have reached age 18 who have withdrawn, or allowed certification to expire, may reapply on their own behalf by contacting an application assistant.))

(1) Participants and applicants shall send ((signed,))a written notification of any change in mailing or ((actual))residential address, telephone number, legal name, or permanent contact data to the secretary of state on a designated form.

(2) In order to add minor children to the residence of a program participant, the participant must send a ((signed)) written notification to the secretary of state on a designated form. The notification must clearly state the ((relationship to the participant,))name of the minor and the child's date of birth((, and that the participant is responsible for the minor children)). The secretary of state ((must))will certify the minor children as ((participants))cohabitants and issue program authorization cards to each minor child.

(3) If a participant changes their legal name, they must send a ((signed)) written notification to the secretary of state accompanied by a copy of the court order or other formal document indicating the legal name change. ((At the same time the participant must return their authorization card or a signed statement documenting the loss of the authorization card.)) The secretary of state shall ((verify the change, by signature comparison, and)) send a new authorization card with the participant's new legal name ((within two business days of receiving the notice)).

(4) Prior to making any change in participant information, the secretary of state must ((compare the signature on the original application, or other documents on file, and conclude that the signatures are the same))establish a means to validate the participant is the one making the request.

(5) ((On or before the effective date))Within five days of a change in identity, a program participant must ((withdraw from the program. The participant may)) apply for ((recertification))certification in the address confidentiality program under their new identity, canceling their previous certification.

(6) Participants are restricted to five aliases.

(7) Participants may designate a safe label name that is not offensive.

(1) ((At least 30 days prior to the expiration of a certification, the secretary of state will inform a program participant, of the option of renewing certification in the program by sending a renewal form to the participant's mailing address. The notice will provide instructions on actions the participant must take upon expiration of certification, if the participant chooses to leave the program. These include notifying senders of the former participant's actual address and notifying that the substitute address is no longer valid for the former participant. Ten days prior to expiration of certification, the secretary of state will mail a second notice to the participant unless the participant has responded with a renewal or communication indicating intent to withdraw from the program))The secretary of state will send a renewal application via first class mail to the participant 30 days prior to their certification expiration. The renewal application will include a notice that if the participant does not complete the renewal application before the expiration of their certification, they will be canceled from the program and mail forwarding will stop.

(2) Information about voter registration should be provided to the participant as part of the notification process.

(3) ((A program participant may renew her or his program certification by filing with the address confidentiality program by first class mail, a properly completed renewal application.

(4) If the completed renewal does not meet the requirements of this part))If a renewal is received and is not properly completed, the secretary of state will contact the participant to correct or obtain the missing information.

(((5)))(4) For a program participant who has properly ((filed a)) completed and returned renewal application, the address confidentiality program shall: (a) Certify a program participant to participate in the program for an additional four year term unless the certification is withdrawn or invalidated before that date; (b) issue to the program participant a new authorization card which includes the participant's name, authorization code, substitute mailing address, and certification expiration date((, and signature line)).

(((6)))(5) A properly completed renewal application, postmarked on or before the expiration date, is effective on the day it is reviewed and certified by the secretary of state.

(1) The address confidentiality program shall terminate a ((participant's))participant and cohabitant(s) certification(s) and invalidate ((that participant's))issued authorization card(s) if:

(a) The participant's certification term has expired and renewal of certification is not completed;

(b) The address confidentiality program has determined that false information was used in the application process; ((or))

(c) Any first class or certified mailing, or service of process document forwarded by the program is returned as refused;

(d) The participant obtains a legal change of identity; or

(e) The participant has died.

(2) The address confidentiality program may terminate a ((participant's))participant and cohabitant(s) certification(s) and invalidate ((that participant's))issued authorization card(s) if:

(a) The participant no longer resides at the residential address on file, and ((has not provided at least two days prior notice in writing of a change of address))participant has not given written notice at least three days after they have moved;

(b) Any first class or certified mailing, or service of process document forwarded by the program is returned as nondeliverable((, refused,)) or unclaimed; or

(c) The participant fails to respond to the program's request for verification of the participant's residential address within 20 days of the date of the request.

(3) The address confidentiality program will send written notification of ((the pending)) termination to the participant's last known mailing or residential address. The participant shall have ((10 business days in which to appeal the termination under procedures developed by the secretary of state))20 days from the date of the notification on which to address the reasons for termination. Manager review may be requested by the participant prior to termination.

(4) After the ((secretary of state))address confidentiality program has provided notice as required in subsection (3) of this section the participant's certification is considered to be in pending status. While in this status, the ((secretary of state))address confidentiality program will hold the participant's mail without forwarding to the participant. Pending status ends after 10 business days, or upon the participant's compliance with this section, whichever occurs first. This does not prevent the ((secretary of state))address confidentiality program from forwarding correspondence marked "service of process."

(5) If the participant's pending cancellation status expires, the ((secretary of state))address confidentiality program will cancel the certification of the program participant.

(6) The address confidentiality program will notify authorized election officials and authorized Washington state department of health personnel if the participant is registered to vote or has a protected records marriage license when a participant's authorization has been terminated from the program. ((The authorized elections department personnel will transmit to the address confidentiality program all appropriate administrative records pertaining to the participant.))

(7) If the certification of a participant is canceled, mail addressed to the program participant will be returned to sender.

(1) A program participant ((or applicant)) may withdraw from program participation by submitting to the address confidentiality program((: Written notification of withdrawal and the names of any minor children who are being withdrawn and their current authorization card(s)))a notification to cancel. The participant and all cohabitants will be withdrawn.

(2) The program participant ((or applicant)) may include an effective date on which the participant ((or applicant)) would like the withdrawal to be effective. In absence of a specific date, certification shall be terminated on the date of receipt of this notification. ((If the program participant requests cancellation but does not return their current authorization card and/or does not submit written notification of the request, the secretary of state may, at his/her))The staff of the address confidentiality program may, at their discretion, cancel program participation based solely on the verbal request upon validating the requester is the participant.

(3) It is the responsibility of the program participant to notify all persons of a new mailing address at which the participant and cohabitants can be contacted.

(4) The program participant may request continued mail forwarding up to ((thirty))21 days immediately following the date on which withdrawal is effective and may provide an address on record. The secretary of state may only forward mail to addresses within the United States. Mail received for the participant after 21 days of cancellation will be returned to sender.

(((5) Mail received at the designated address for the participant other than mail designated as "Do Not Forward," "Return Service Requested," "Service of Process" or similarly designated, must be forwarded to the program participant for thirty days after the effective date of withdrawal unless the participant or applicant has designated a shorter period. After thirty days mail must be returned to sender.

(6) A program participant whose certification is withdrawn may reapply or have an application assistant reapply on the program participant's behalf.))

(1) An agency requesting an exemption under RCW 40.24.050, must provide in writing to the secretary of state:

(a) Identification of the statute or administrative rule which demonstrates the agency's bona fide requirement and authority for the use of the ((actual))residential address of an individual;

(b) Identification and description of the specific record or record series for which the exemption is requested;

(d) Explanation of how the agency's acceptance of a substitute address will prevent the agency from meeting its obligations under the statute or rule identified above; and

(e)(i) Explanation of why the agency cannot meet its statutory or administrative obligations by a change in its internal procedures; and, where appropriate;

(ii) Description of any agency procedural change(s) that could be made that would allow it to accept the substitute address and meet its statutory or administrative obligations and an estimate of implementation time needed.

(2) The secretary of state shall file and review an agency's request for an exemption.

(3) During the review, evaluation and appeal of an agency's exemption request, the agency shall accept the use of a program participant's substitute address.

(4) The secretary of state's determination to grant or withhold a requested exemption shall be based on, but not limited to, an evaluation of the information provided under subsection (1) of this section in conformance with the statutory standard of a bona fide statutory or administrative requirement for the use of a program participant's ((actual))residential address.

(5) If the secretary of state determines that an agency has a bona fide statutory or administrative requirement for the use of a program participant's ((actual))residential address information and that the ((actual))residential address information will be used only for those statutory and administrative purposes, the secretary may issue a written exemption for the agency. When granting an exemption, the secretary may include:

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

(b) Limitations on use and access to that address information;

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

(e) Designation of an address information disposition date after which the agency may no longer maintain a record of the address information; and

(f) Any other provisions and qualifications determined appropriate by the secretary of state.

(6) When a program participant requests use of the substitute address in a record, and the agency has received an exemption for that record, the agency shall immediately provide a copy of the written exemption to the requesting program participant. The agency shall notify the address confidentiality program of the occurrence and denial of the program participant's request.

(7) The secretary of state's denial of an agency exemption request shall be made in writing and include a statement of the specific reasons therefore.

(8) An agency may appeal the denial of its request by resubmitting its written request together with additional data, information, and an explanation of corrective action taken to alleviate concerns and considerations included in the secretary of state's denial determination.

(1) When a program participant requests confidentiality for marriage records, ((both the program participant and her or his intended spouse shall sign and date a statement provided by the secretary of state, that describes access limitations on confidential marriage records))the participant must present their ACP authorization card to the appropriate county official and request a protected records marriage.

(2) When a program participant requests confidentiality for voting records, she or he shall ((sign a statement))submit a protected records voter application provided by the secretary of state that documents the date of this request and all information required for voter registration under RCW 29A.08.010 and 29A.08.107. The program participant shall disclose their residential address on the protected records voter application only for the purpose of determining the proper precinct and taxing districts. The secretary of state will provide the registrant with information related to voting participation as a protected records voter using the address confidentiality program substitute mailing address and the county auditor will ensure the ACP has knowledge of or receives a digital or physical copy of the form if collected in person.

(3) The ((authorized personnel))county officials and ACP personnel shall receive ((the original copy of this))copies of these signed statements and acknowledgments((, the address confidentiality program shall have one copy and the program participant shall have one copy)).

(4) County officials will be informed of a participant's cancellation in ACP.

WAC 434-840-063	Issuance of a court order for address confidentiality program participant information.
WAC 434-840-200	Notification for marriage record confidentiality.
WAC 434-840-210	Marriage application.
WAC 434-840-220	Marriage record filing.
WAC 434-840-230	Marriage record transmission to department of health.
WAC 434-840-310	Protected records voter status.