Section 6-A421. EFFECT OF DISPUTE RESOLUTION PROCEDURE ON NOTIFICATION  


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    421.1If the Agency provides to the Department information on a person who has provided to the Agency in conformity with section 5(a)(2)(A) of the Act notice of intent to seek review of the determination that the person must register, the Department shall not release registration information on the person to the public unless and until the Agency informs the Department that the Court has certified that the person must register, the person has failed to file a timely motion, or the person's motion has been withdrawn or dismissed.

     

    421.2If the Agency informs the Department that a person has provided in conformity with section 5(a)(2)(A) of the Act a notice of intent to seek review which does not dispute the Agency's determination that the person must register, but which raises an issue affecting the person's classification as a Class A or Class B offender, the Department shall not release information on the person on the basis of the disputed classification unless and until the Agency informs the Department that the Court has resolved the issue against the person, the person has failed to file a timely motion, or the person's motion has been withdrawn or dismissed. Notification on such a person may be made, in any event, as for a Class C offender, and as for a Class B offender if it is not disputed that the person is required to register for an offense against a minor, ward, patient, or client.

     

    421.3If a person seeks review of an Agency determination by filing a motion under section 5(a)(3) of the Act, the release and dissemination of information concerning the person, including community notification, shall proceed during the pendency of the motion before the Court.

     

source

Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).