Notice2022-16587
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 3, 2022
Effective
September 2, 2022
Issuing agencies
Homeland Security Department
Abstract
In accordance with the Privacy Act of 1974, the U.S. Department of Homeland Security (DHS) proposes to establish a new DHS system of records titled, "DHS/Federal Emergency Management Agency (FEMA)-017 Individuals and Households Program Equity Analysis Records System of Records." This system of records allows DHS/FEMA to collect from and maintain records on applicants for its disaster assistance programs, which provide financial and other tangible assistance to survivors of presidentially declared disasters or emergencies, to assess and ensure that access to and participation in the Individuals and Households Program (IHP) is accomplished in an equitable and impartial manner.
Full Text
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<title>Federal Register, Volume 87 Issue 148 (Wednesday, August 3, 2022)</title>
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[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Notices]
[Pages 47439-47443]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16587]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. FEMA-2022-0021]
Privacy Act of 1974; System of Records
AGENCY: Federal Emergency Management Agency, U.S. Department of
Homeland Security.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Homeland Security (DHS) proposes to establish a new DHS
system of records titled, ``DHS/Federal Emergency Management Agency
(FEMA)-017 Individuals and Households Program Equity Analysis Records
System of Records.'' This system of records allows DHS/FEMA to collect
from and maintain records on applicants for its disaster assistance
programs, which provide financial and other tangible assistance to
survivors of presidentially declared disasters or emergencies, to
assess and ensure that access to and participation in the Individuals
and Households Program (IHP) is accomplished in an equitable and
impartial manner.
DATES: Submit comments on or before September 2, 2022. This new system
will be effective upon publication. Routine uses will be effective
September 2, 2022.
ADDRESSES: You may submit comments, identified by docket number FEMA-
2022-0021, by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 202-343-4010.
<bullet> Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
Instructions: All submissions received must include the agency name
and docket number FEMA-2022-0021. All comments received will be posted
without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a> including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Tammi Hines, (202) 212-5100, <a href="/cdn-cgi/l/email-protection#dd9b98909cf08dafb4abbcbea49dbbb8b0bcf3b9b5aef3bab2ab"><span class="__cf_email__" data-cfemail="da9c9f979bf78aa8b3acbbb9a39abcbfb7bbf4beb2a9f4bdb5ac">[email protected]</span></a>, Senior Director
for Information Management, Federal Emergency Management Agency,
Washington, DC 20472-0001. For
[[Page 47440]]
privacy questions, please contact: Lynn Parker Dupree, (202) 343-1717,
<a href="/cdn-cgi/l/email-protection#59092b302f383a20193128773d312a773e362f"><span class="__cf_email__" data-cfemail="6a3a18031c0b09132a021b440e0219440d051c">[email protected]</span></a>, Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to section 408 of the Stafford Act (42 U.S.C. 5174), FEMA
provides assistance to individuals and households following a
presidentially declared disaster or emergency. Section 308(a) of the
Stafford Act (and its implementing regulation at 44 CFR 206.11)
requires that FEMA disaster assistance including ``the distribution of
supplies, the processing of applications, and other relief and
assistance activities'' by FEMA and recipients of FEMA financial
assistance ``be accomplished in an equitable and impartial manner,
without discrimination on the grounds of race, color, religion,
nationality, sex, age, disability, English proficiency, or economic
status.''
This system of records notice allows FEMA to collect demographic
information during the registration process and combine it with
assistance records and customer satisfaction survey response records to
measure the effectiveness and outcomes of benefits and services FEMA
provides through the Individuals and Households Program. The purpose of
collecting this information is to allow FEMA to assess its compliance
with civil rights, nondiscrimination, and equity requirements and
obligations as outlined in the Stafford Act and other federal civil
rights laws. For example, title VI of the Civil Rights Act of 1964
prohibits discrimination on the basis of race, color, or national
origin in any program or activity that receives federal funds or other
federal financial assistance, and section 504 of the Rehabilitation Act
of 1973 requires that individuals with disabilities shall not be
excluded from, denied the benefits of, or be subjected to
discrimination under any program or activity that receives federal
financial assistance or is conducted by a federal agency.
FEMA will conduct statistical analysis to examine the relationships
between demographic data and program outcomes. This will help gain
insight about any potential disparities in disaster assistance
delivery. Analyses will be conducted throughout the lifecycle of the
application process. In the initial stages of the application process,
the data will inform FEMA about registration rates compared to
community demographics, indicating if further outreach is needed. After
inspection and decision, the data will be used to inform FEMA about
eligibility and demographics. After the application process, the data
will indicate differences in appeal rates and outcomes. And then much
later, Disaster outcomes can be compared to one another.
Although FEMA may combine registration, appeal, and survey
information with demographic responses for equity analysis, FEMA will
not use these datasets or an individual's answers compiled from
Individual Assistance demographic questions to make disaster assistance
eligibility determinations for that individual. For example, FEMA will
use statistical analysis to determine:
<bullet> Differences between demographic groups and Individuals and
Households Program outcomes. This may include:
[cir] Program referral rates
[cir] Insured rates
[cir] Eligibility rates
[cir] Eligibility amounts
[cir] Assistance denial reasons
[cir] Appeals rates and/or types
<bullet> Appeal outcomes between different demographic groups. If
certain demographic groups have a higher rate of appeals, FEMA will
examine the stated reasons for appeals to determine why the differences
may exist.
<bullet> Relationships between demographic data and registration
damage self-assessment questions, or the accuracy of the self-
assessment compared to FEMA inspector damage determinations. More
inaccuracies associated with a particular demographic group may
indicate that the self-assessment needs revision. For example, people
who speak English as a second language may struggle more with
understanding how to evaluate their damage, and perhaps the
instructions need modification.
<bullet> If specific policies, procedures, guidelines, or employee/
contractor behavior attribute to any disparities in program outcomes.
<bullet> The impact of proposed changes in policy, law,
regulations, and procedure on small, vulnerable populations. Such
analysis will aid with future planning and identify deficiencies in
current FEMA processes that may need modification to be fairer and more
equitable.
Example Use Cases:
Demographic data in Individuals and Households Program will be used
in the following ways to help improve operational outcomes for
vulnerable communities:
<bullet> Prioritize the placement of Disaster Recovery Centers and
Disaster Survivor Assistance Teams in communities where vulnerable
applicants are applying.
<bullet> Compare registration data to Census data in the community
to identify areas where vulnerable people live but are not applying for
assistance to improve outreach and messaging in those communities.
<bullet> Prioritize Transitional Sheltering Assistance (TSA), non-
congregate sheltering, or direct housing programs in the most impacted
areas and develop resource plans to provide the additional support
needed for vulnerable populations.
<bullet> Understand whether cultural differences require different
operational procedures to best meet the needs of vulnerable survivors.
DHS/FEMA may share information with appropriate federal, state,
local, tribal, territorial, foreign, or international government
agencies consistent with the routine uses set forth in this system of
records notice. However, FEMA will only share aggregate, anonymized
data unless approved by the DHS Privacy Office.
This newly established system will be included in DHS's inventory
of record systems.
II. Privacy Act
The fair information practice principles found in the Privacy Act
underpin statutory framework governing the means by which federal
government agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to information that is
maintained in a ``system of records.'' A ``system of records'' is a
group of any records under the control of an agency from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. In the Privacy Act, an individual is defined to
encompass U.S. citizens and lawful permanent residents. Additionally,
the Judicial Redress Act (JRA) provides covered persons with a
statutory right to make requests for access and amendment to covered
records, as defined by the Judicial Redress Act, along with judicial
review for denials of such requests. In addition, the Judicial Redress
Act prohibits disclosures of covered records, except as otherwise
permitted by the Privacy Act.
Below is the description of the DHS/FEMA-017 Individuals and
Households
[[Page 47441]]
Program Equity Analysis Records System of Records.
In accordance with 5 U.S.C. sec 552a(r), DHS has provided a report
of this system of records to the Office of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
U.S. Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA)-017 Individuals and Households Program Equity
Analysis Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained in FEMA IT systems and at the FEMA
Headquarters in Washington, DC, and the FEMA data centers.
SYSTEM MANAGER(S):
Division Director, Individual Assistance Division, Office of
Response and Recovery, <a href="/cdn-cgi/l/email-protection#7432313935592611171b0211060d592011171c1a1b181b130d593517001d1b1a3b12121d17110634121119155a101c075a131b02"><span class="__cf_email__" data-cfemail="0442414945295661676b7261767d295061676c6a6b686b637d294567706d6b6a4b62626d67617644626169652a606c772a636b72">[email protected]</span></a>, 500 C Street Southwest, Washington, DC
20472.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended, 42 U.S.C. 5174; 44 CFR 206.110-206.191
(implementing section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act); Title VI of the Civil Rights Act of 1964, 42
U.S.C. 2000d et seq.; 44 CFR part 7 (implementing Title VI for FEMA-
assisted program. See specifically 7.10, which allows data collection
to ascertain compliance); section 308(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5151; 44 CFR
206.11 (implementing section 308 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act); section 504 of the Rehabilitation
Act of 1973, 29 U.S.C. 794; Age Discrimination Act of 1975, 42 U.S.C.
6101 et seq.; 44 CFR 7.910-7.949 (implementing regulations for the Age
Discrimination Act of 1975); Executive Order 13166--Improving Access to
Services for Persons with Limited English Proficiency; Executive Order
13985--Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government; Executive Order 13995--Ensuring an
Equitable Pandemic Response and Recovery; and Executive Order 13988--
Preventing and Combating Discrimination on the Basis of Gender Identity
or Sexual Orientation.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to allow FEMA to collect and use
demographic information to assess whether and to what extent its
policies and programs for providing disaster assistance to individuals
and households are carried out in an equitable and impartial manner,
without discrimination on the grounds of race, color, religion,
nationality, sex, age, or economic status.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by the system include applicants
for and recipients of FEMA assistance (i.e., disaster survivors).
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in the system include:
<bullet> FEMA equity analysis demographics records:
[cir] Race
[cir] Ethnicity
[cir] Tribal membership status
[cir] Gender/gender identity
[cir] Education level
[cir] Marital status
<bullet> FEMA disaster assistance registration and assistance
records:
[cir] Disaster number
[cir] FEMA registration ID and occupant ID
[cir] Applicant/co-applicant information:
[ssquf] Full name
[ssquf] Social Security number or A-number
[ssquf] Date of birth
[ssquf] Phone numbers
[ssquf] Email addresses
[ssquf] Mailing addresses
[ssquf] Language(s) spoken
[ssquf] Number of dependents claimed
[cir] Damaged dwelling:
[ssquf] Addresses of the damaged dwelling and the applicant's
current location (if other than the damaged dwelling)
[ssquf] County
[ssquf] Geospatial location of dwelling
[ssquf] Phone numbers
[ssquf] Information related to residence (accessibility, type, own/
rent, damage sustained)
[cir] Disaster-related expenses
[cir] Emergency needs (e.g., food, clothing, shelter)
[cir] Disability-related needs and accommodations (e.g., sign
language interpreter, assistive listening device, braille,
wheelchair access, mobility, mental, hearing, vision, or other needs
and accommodations)
[cir] Occupant and household information (for all occupants at the
time of disaster):
[ssquf] Name (first name, middle initial, last name)
[ssquf] Age
[ssquf] Relationship to applicant
[ssquf] Dependent? (Yes/No)
[ssquf] Sex
[ssquf] Pre- and post-disaster income information of occupants 18
years of age or older
[ssquf] Tribal membership status
[cir] Business damage:
[ssquf] Self-employment is primary income? (Yes/No)
[ssquf] Business or rental property affected? (Yes/No)
[cir] Authorization for electronic funds transfer of benefits:
[ssquf] Prefers electronic funds transfer (Yes/No)
[cir] Comments and correspondence from the applicant
[cir] Public records information for identity verification
[cir] Disaster loan status (i.e., rejected, approved, declined,
verified, cancelled)
[cir] Information related to determining eligibility for assistance
including date of the disaster, application status, insurance
information, types and amount of damage to the dwelling, types of
supporting documentation (e.g., death certificates, invoices, or
receipts, and documentation to supporting accommodations or access
and functional need requests and repairs), and results of the home
inspection (including inspector's notes and determination) and types
of documentation supporting identity, occupancy, or ownership
[cir] Correspondence and documentation related to determining
eligibility and appropriate housing unit size, type, and location
for temporary housing assistance including general correspondence;
complaints; requests for disbursement of payments; inquiries from
tenants and landlords; information related to household access and
functional needs; general administrative and fiscal information;
payment schedules and forms; termination notices; information shared
with the temporary housing program staff from other agencies;
leases; contracts; specifications for repair of disaster damaged
residences; reasons for revocation or denial of aid; sales
information related to occupant purchase of housing units; and the
status or disposition of housing applications
[cir] Recoupment, appeals, and/or arbitration (oral hearings) of
such determinations
[cir] Notice of Potential Debt Letter
[cir] Notations and reports of decisions for disaster or similar
financial awards and assistance from other FEMA programs, federal
and state agencies, insurance companies, employers, banks,
financial, power/utility companies, health care providers, safety/
rescue services, and public or private entities as they relate to
determinations of applicants' eligibility for Individuals and
Households Program disaster assistance
[cir] Inspection Reports:
[ssquf] Inspection reports contain applicants' personally
identifiable information (as outlined above) and results of
assessments of damaged real property; personal property; and goods,
which may include descriptions and photographic images of an
applicant's home and personal items; video and/or audio of the
inspection conducted on the home; and notations of cleaning,
sanitizing, and debris removal by contractors and partnering
agencies. Inspection reports may also include Inspector ID
[cir] Assistance from Other Sources:
[ssquf] Other files independently kept by the state, territory,
tribe, local government, voluntary agency, or other sources of
assistance that
[[Page 47442]]
contain records of persons who request disaster aid including
administrative files and reports required by FEMA for Other Needs
Assistance under the Individuals and Households Program. The states,
territories, tribes, local governments, voluntary agencies, and
other sources of assistance keep the same type of information about
individuals as described under registration, inspection, and
temporary housing assistance records
[cir] Records of assistance from the FEMA National Flood Insurance
Program (name, address, disaster assistance coverage required code,
policy number, policy number, policy effective date, policy coverage
building, policy coverage contents, new policy date, and expiration
date)
[cir] Customer service survey responses
[ssquf] Demographic information (race, ethnicity, religion, gender,
sex, nationality, age, disability, English proficiency, economic
status, income level, marital status)
[cir] Responses to customer service and customer satisfaction survey
questions
[cir] Investigation results that may contain the name and address of
the applicants (initially collected to support recoupment, appeals,
oral hearings, or other legal proceedings in order to recover
disaster assistance)
RECORD SOURCE CATEGORIES:
FEMA may obtain records from disaster survivors (i.e., applicants)
through disaster assistance registration (OMB 1660-0002/FEMA Forms 009-
0-1 and 009-0-2), through the demographic survey collection (OMB 1660-
NW133 Generic Clearance for Civil Rights and Equity), and from FEMA
customer satisfaction/customer service survey responses (OMB 1660-0143/
FEMA Forms 519-0-36, 519-0-37, 519-0-38, 519-0-39, 519-0-40, and 519-0-
41; and OMB 1660-0145/FEMA Forms 519-0-44, 519-0-45, 519-0-46, 519-0-
47, 519-0-48, 519-0-49, 519-0-50, and 519-0-51).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agencies conducting litigation or proceedings
before any court, adjudicative, or administrative body, when it is
relevant and necessary to the litigation and one of the following is a
party to the litigation or has an interest in such litigation:
1. DHS or any component thereof
2. Any employee or former employee of DHS in his/her official
capacity
3. Any employee or former employee of DHS in his/her individual
capacity, only when DOJ or DHS has agreed to represent the employee
4. The United States or any agency thereof
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. secs. 2904
and 2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when (1) DHS
suspects or has confirmed that there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with DHS's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
F. To another federal agency or federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
G. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/FEMA stores records in this system electronically or on paper
in secure facilities in a locked drawer behind a locked door. The
records may be stored on magnetic disc, tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
DHS/FEMA may retrieve records by any of the demographic
characteristics, FEMA registration ID, name, disaster number, and
geographic information (county, city, zip code, Census geography).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records pertaining to disaster assistance will be placed in
inactive storage two years after FEMA receives the application and will
be destroyed when they are six years and three months old, in
accordance with NARA Authority N1-311-86-1, item 4C10a.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/FEMA safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. DHS/FEMA has imposed strict controls to
minimize the risk of compromising the information that is being stored.
Access to the computer systems containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
RECORD ACCESS PROCEDURES:
Individuals seeking access to and notification of any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the Chief Privacy Officer and the
FEMA Freedom of Information Act (FOIA) Officer, whose contact
information can be found at <a href="http://www.dhs.gov/foia">http://www.dhs.gov/foia</a> under ``Contact
Information.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her, the individual may
submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, U.S. Department of Homeland Security,
Washington, DC 20528-0655 or electronically at <a href="https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form">https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form</a>. Even if neither the Privacy
Act nor the Judicial Redress Act provide a right of access, certain
records about you may be available under the Freedom of Information
Act.
[[Page 47443]]
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and the individual's signature must either be notarized or
submitted under 28 U.S.C. 1746, a law that permits statements to be
made under penalty of perjury as a substitute for notarization. In
addition, the individual should:
<bullet> Explain why he or she believes the Department would have
the information being requested
<bullet> Identify which component(s) of the Department he or she
believes may have the information
<bullet> Specify when the individual believes the records would
have been created; and
<bullet> Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
If the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requester.
Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should state that and be addressed to each component that maintains a
system of records containing the record. For records covered by the
Privacy Act or covered Judicial Redress Act records, see ``Records
Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
* * * * *
Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2022-16587 Filed 8-2-22; 8:45 am]
BILLING CODE 4410-10-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.