Section 802.31. Agency request for waiver

(a) A Commonwealth or local government agency requesting disclosure of an ACP participant’s actual address will provide OVA with the information set forth in 23 Pa.C.S. § 6709(a) (relating to waiver process), which is incorporated by reference, and specify in the written statement what persons shall have access to the actual address information, where the actual address information shall be maintained and how the actual address information shall be maintained.

(b) The completed request for a waiver shall be sent to OVA by means of certified mail.

(c) Upon receipt of an agency waiver request, OVA will contact the ACP participant in accordance with 23 Pa.C.S. § 6709(b), which is incorporated by reference.

(d) Whenever possible, the ACP participant may be given the opportunity to be heard by the Victim Advocate or Victim Advocate’s designee regarding the waiver request. Notice and the opportunity to be heard regarding disclosure of an ACP participant’s actual address may not be provided to an ACP participant if the requirements of 23 Pa.C.S. § 6709(b)(3) are met, which are incorporated by reference.

(e) The OVA may grant the waiver request of Commonwealth and local government agencies if the ACP participant provides written consent to OVA to disclose the ACP participant’s actual address.

Notation

Cross References

This section cited in 37 Pa. Code § 802.32 (relating to waiver review).