ACP Rules, Statutes, and Compliance

ACP Laws and Rules

Address Confidentiality Program Act (§24-30-2101, et seq., C.R.S.)
Address Confidentiality Program Administrative Rules (1 CCR 103-6)
Colorado laws and administrative rules regarding the creation and operation of the Address Confidentiality Program.

Applicable State Laws

Title 18 - Article 9 - Offenses Against Public Peace, Order, and Decency (§18-9-313, C.R.S.)
Provides ACP participants with a statutory process for requesting the removal of certain information from the Internet.

Title 24 - Part 21 - Address Confidentiality Program (§24-30-2101, et seq., C.R.S.)

Title 38 - Article 12 - Tenants and Landlords (§38-12-401, C.R.S.) (§38-12-402, C.R.S.)
Allows survivors of domestic violence or abuse, unlawful sexual behavior, or stalking to break a residential rental lease agreement without incurring fines or penalties.

Applicable Federal Laws and Rules

U.S. Treasury - Financial Crimes Enforcement Network (FinCEN)

Customer Identification Program Rule - Address Confidentiality Programs (FIN-2009-R003)
A FinCEN ruling regarding the acceptance of an ACP substitute address by financial institutions.

Information for Government Agencies

State and Local Agencies

The ACP laws require state and local government agencies to accept an ACP participant's substitute address when presented with a current ACP authorization card (§24-30-2108, C.R.S.). Please contact the ACP with questions about ACP requirements and agency compliance.

Colorado Courts

The ACP laws contain provisions related to participants' rights and responsibilities when interacting with courts. The Court Provisions Fact Sheet contains some common ACP provisions. The ACP laws, in their entirety, begin at §24-30-2101, C.R.S.

Service of Process

Enrolling in the program designates the ACP as a participant's legal agent for service of process. The ACP will accept service on behalf of a certified participant and forward the served documents via First Class mail. The Service of Process Fact Sheet provides additional information regarding service of process and ACP participants.

Service of process will be accepted from 9 AM to 3 PM, Monday through Friday.

Service of Legal Documents by First Class, Registered, or Certified Mail

Participants can be served by mail, addressed to them at their substitute address. Please clearly mark any envelopes containing documents to be served by mail with "Service of Process." This will ensure that the ACP can properly notify the participant of their legal obligations and record that service was received.

Personal Service

Personal service is accepted at the Address Confidentiality Program, located at 1001 E 62nd Ave, Denver, CO 80216. ACP staff will accept personal service if the program records reflect that a certified participant is enrolled with the same legal name and apartment number as the served documents. Prior to arrival, please verify that the ACP can accept service for the person named in the documents by sending an email to acp@state.co.us with the name of the person to be served and their ACP address and apartment number. Upon arrival, tell the front desk that you are serving an ACP participant and provide the participant's information.

Law Enforcement

The ACP Law Enforcement Guide provides information, forms, and guidance for law enforcement interactions with ACP participants.

Officer Training Video

The ACP Officer Training video explains how the ACP operates in Colorado, and how the ACP laws impact law enforcement officers.

Emergency Disclosure Process

The ACP laws (§24-30-2110 (12), C.R.S.) requires the ACP to provide an expedited release process for criminal justice agencies or officials, if the information is required pursuant to a criminal justice trial, hearing, proceeding, or investigation involving a program participant. The request must be accompanied by the required documentation, signatures, and an internal process for protecting the information. This Emergency Disclosure of Participant Information form may be used to support the required documentation. More information about the release process is outlined in the ACP Law Enforcement Guide, on pages 5-6 and 11.

Schools

The ACP School Guide provides information, forms, and guidance for school interactions with ACP participants.

District Eligibility

The ACP laws require schools to accept a participant's substitute address and verify district enrollment through the ACP (§24-30-2108 (9), C.R.S.). The ACP will determine a student/participant's school district eligibility based on the participant's residential address on file and will notify the enrolling school of district eligibility in writing. Schools may send a completed Request for District Eligibility form to acp@state.co.us to confirm district eligibility. Further information on the district eligibility determination process is found in the ACP School Guide.

Record Transfers

The ACP laws (§24-30-2108 (9), C.R.S.) requires the ACP to facilitate the transfer of school records. The ACP will request and transfer student records upon receiving written authorization from the student's parent or legal guardian. The record request and transfer form is provided to ACP participants upon enrollment.

County Clerks and Assessors

ACP participants are entitled to the same property record protections as law enforcement officials (§18-9-313, C.R.S.).

Draft Property Record Confidentiality Request Form

The property record protection process requires that ACP participants submit a written request for confidentiality. The laws do not require a form, but the ACP has created a draft Property Record Confidentiality Request form for participants to use if a county clerk and/or assessor prefers.

Information for Private Businesses

The ACP laws do not require private businesses to accept a substitute address. However, because an ACP-issued substitute address is a participant's legal address for home, work and school, participants are not prohibited from using their substitute address, even when interacting with private businesses. Private businesses are encouraged to prevent the disclosure of any unique identifying information that may jeopardize a participant's safety. The ACP welcomes the partnership of private businesses in finding ways to protect participant data.

General Best Practices

The following are examples of how a private business can protect ACP participant data:

• Honor a participant's request to provide the substitute address in place of their actual address whenever possible.
• Use an alias name on accounts that include the participant's actual address.
• If applicable, discuss your business' privacy policy with the participant and consider making accommodations where appropriate.
• Avoid sharing participant information on the Internet, including but not limited to, addresses, contact information, social media links, and photos.
• Opt participants out of data-sharing agreements with partners or third parties.
• Allow a participant to provide a password for their account, and use it to verify their identity.

Automobile Dealerships

Dealers should not collect sales tax from participants or roll new vehicle taxes into a loan. Instead, dealers must forward the paperwork to the participant's actual county. ACP participants must then pay the new vehicle taxes separately at their county office of Titles and Registrations. The Colorado Automobile Dealers Association has promulgated Vehicle Sales and Titling Guidelines for handling ACP participant vehicle sales transactions.

Landlords / Property Managers

Under Colorado law, victims of domestic violence or abuse, unlawful sexual behavior, or stalking may break a residential rental lease agreement without incurring fines or penalties through the processes set forth in §38-12-401, et seq., and §38-12-503, C.R.S.