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§ 7-304. Applications to participate in Program

West's Annotated Code of MarylandState GovernmentEffective: October 1, 2021

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 7. Secretary of State (Refs & Annos)
Subtitle 3. Address Confidentiality Program (Refs & Annos)
Effective: October 1, 2021
MD Code, State Government, § 7-304
§ 7-304. Applications to participate in Program
Individuals eligible to participate in Program
(a) The following individuals may apply to participate in the Program:
(1) an individual acting on the individual's own behalf;
(2) a parent or guardian acting on behalf of a minor who resides with the parent or guardian;
(3) a guardian acting on behalf of a disabled person; or
(4) an individual who resides in the same household as an eligible applicant or Program participant.
Form and contents of application
(b) An application to participate in the Program shall be in the form required by the Secretary of State and shall contain:
(1) a statement that:
(i) the applicant is a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; and
(ii) the applicant fears for the applicant's safety, or the safety of the applicant's child;
(2) evidence that the applicant is eligible for Program participation, including:
(i) certified law enforcement, court, or other federal or State agency records or files;
(ii) documentation from a domestic violence, sexual assault, or human trafficking prevention or assistance program;
(iii) documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; or
(iv) a statement from the applicant about the applicant's subjective fear;
(3) a statement that disclosure of the applicant's actual address would endanger the applicant's safety or the safety of the applicant's child;
(4) a knowing and voluntary designation of the Secretary of State as agent for purposes of service of process and receipt of first-class, certified, or registered mail;
(5) the mailing address and telephone number at which the applicant may be contacted by the Secretary of State;
(6) the actual address that the applicant requests not be disclosed by the Secretary of State because it would increase the risk of domestic violence, sexual assault, stalking, harassment, human trafficking, or other crimes;
(7) a statement as to whether there is any existing court order or pending court action involving the applicant and related to divorce proceedings, child support, child custody, or child visitation, and the identity of the court that issued the order or has jurisdiction over the action, if any;
(8) a sworn statement by the applicant that, to the best of the applicant's knowledge, all the information contained in the application is true;
(9) the signature of the applicant and the date on which the applicant signed the application; and
(10) a voluntary release and waiver of all future claims against the State that may arise from participation in the Program except for a claim based on gross negligence.
Review of application and release by Secretary of State
(c)(1)(i) On the filing of a properly completed application and release, the Secretary of State shall:
1. review the application and release; and
2. if the application and release are properly completed and accurate, designate the applicant as a Program participant.
(ii) An applicant shall be a participant for 4 years from the date of filing unless the participation is canceled or withdrawn prior to the end of the 4-year period.
(2) A Program participant may withdraw from participation by filing a signed request for withdrawal with the Secretary of State.

Credits

Added by Acts 2014, c. 344, § 1, eff. Oct. 1, 2014; Acts 2014, c. 345, § 1, eff. Oct. 1, 2014. Amended by Acts 2018, c. 423, § 2, eff. Jan. 1, 2019; Acts 2018, c. 424, § 2, eff. Jan. 1, 2019; Acts 2021, c. 124, § 2, eff. Oct. 1, 2021.
MD Code, State Government, § 7-304, MD STATE GOVT § 7-304
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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