- (a) A program participant or enrolling agency may withdraw from the Safe at Home program by submitting a signed and dated written request to the Safe at Home program. Upon receipt of the program participant's or enrolling agency's request for withdrawal, Safe at Home shall send written confirmation of withdrawal and in addition shall request the program participant return the Identification Card(s) issued by Safe at Home, and the program participant or enrolling agency shall be terminated from the Safe at Home program.
(b) If the Safe at Home program determines that termination of a program participant's enrollment with the Safe at Home program is warranted, the Safe at Home program shall send a termination notice to the program participant at the most recent mailing and/or residential address on file with Safe at Home. Termination of a program participant's enrollment with Safe at Home is warranted if:
- (1) The program participant's mail that has been forwarded to the program participant by Safe at Home is returned to Safe at Home as undeliverable to that program participant;
- (2) The program participant's four-year term of enrollment has expired, and the program participant has not renewed their enrollment pursuant to Section 22100.3;
- (3) Safe at Home is informed by another state agency that has determined false information was used in the application process or participation is being used to avoid detection of illegal or criminal activity or apprehension by law enforcement as described in section 6215.4, subdivision (b)(2) of the Government Code;
- (4) The program participant no longer resides at the most recent residential address provided to Safe at Home and has not provided notice of their current address within 30 days; or
- (5) Program participant abandons their domicile in California and have not met the conditions pursuant to subdivision (c) of Government Code Section 6215.4.
(c) If the Safe at Home program determines that termination of an enrolling agency's designation is warranted, the Safe at Home program shall send a termination notice to the enrolling agency. Termination of an enrolling agency's designation is warranted if:
- (1) The enrolling agency does not satisfy the definition provided in Section 22100.1, subdivision (a);
- (2) The enrolling agency does not renew their Enrolling Agency Designation Agreement every four years; or
- (3) The Secretary of State finds that the enrolling agency is not fulfilling its obligations and responsibilities under this chapter and Chapter 3.2 (commencing with Section 6215) of Division 7 of Title 1 of the Government Code.
- (d) Notification of termination shall be sent to program participants and enrolling agencies by mail. The notification of termination shall include the grounds for termination, the date in which termination shall be effective, and the appeal procedures.
- (e) A program participant or enrolling agency shall have five (5) business days from date of receipt of the notification of termination to provide the Secretary of State with a statement signed by the program participant or authorized representative of the enrolling agency appealing the termination. The statement shall include arguments and facts as to why the Secretary of State should not terminate the certification or designation. Any evidence, including supporting declarations, shall be submitted with the signed statement. The Secretary of State shall have ten (10) business days from the date of receipt to review the appeal, issue a decision, and send by mail the decision to the program participant or enrolling agency.
- (f) If the appeal process for a program participant extends beyond the termination date identified in the notification of termination, the Secretary of State shall continue to act as though the certification is valid until the Secretary of State issues a decision. If the decision is to terminate the program participant's certification, the termination shall be effective three (3) business days after the decision is mailed to the program participant. The decision shall also state the date in which the program participant's certification shall be terminated.
- (g) If the appeal process for an enrolling agency extends beyond the termination date identified in the notification of termination, the community-based assistance organization shall not represent itself as an enrolling agency, unless and until such time as the Secretary of State reinstates the designation as an enrolling agency.
- (h) Upon the effective date of the termination, the community-based assistance organization shall not represent itself as an enrolling agency and shall return any Safe at Home applications and materials to the Secretary of State within three (3) business days.
Note: Authority cited: Section 6215.9, Government Code. Reference: Sections 6215.3, 6215.4 and 6215.8, Government Code.
History
1. Certificate of Compliance as to 12-1-2003 order, including renumbering of former section 22130 to new section 22100.4 and amendment of Note, transmitted to OAL 3-29-2004 and filed 5-11-2004 (Register 2004, No. 20).
2. Amendment of section heading filed 3-3-2020; operative 3-3-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 10).
3. Amendment of section heading and section filed 1-9-2025; operative 4-1-2025 (Register 2025, No. 2).