Current through all regulations passed and filed through September 16, 2024
(A) What is an authorized representative?
An authorized representative is a person/entity whom the
assistance group chooses to act on its behalf. A non-household member may be
designated as an authorized representative provided that the person is an adult
who is sufficiently aware of relevant household circumstances. An adult member
of the assistance group or an unaccompanied homeless
minor as defined in rule
5101:4-2-03 of the
Administrative Code may
designate and use an authorized representative at
any time. The assistance group may have more than one authorized representative
selected to do one or more of the following:
(1) Act on the assistance group's behalf,
including but not limited to:
(a) Completing
the application process;
(b)
Carrying out responsibilities during the certification period, such as
reporting changes in the assistance group's circumstances;
(c) Requesting a state hearing and
representing the assistance group at a state hearing; and
(d) Receiving all notices and correspondence
issued by the county agency on behalf of the assistance group. The county
agency shall issue notices and correspondence to both the authorized
representative and the assistance group.
(2) Obtain supplemental nutrition assistance
program (SNAP) benefits on behalf of the assistance group, i.e. receive the
electronic benefit transfer (EBT) card. Even when the assistance group is able
to obtain its own SNAP benefits, it should be encouraged to name an authorized
representative to obtain benefits in case of illness or other circumstances
that might result in the inability to obtain benefits.
(3) Use SNAP benefits on behalf of the
assistance group.
(B)
How is an authorized representative
designated?
When an
assistance group
designates
an authorized representative, the following actions are to be
taken:
(1) An assistance group shall
designate in writing an authorized representative who
is authorized to act on their behalf as described in paragraph (A)(1) of this
rule.
(2) An assistance group shall
name an authorized representative to obtain SNAP benefits on behalf of the
assistance group as described in paragraph (A)(2) of this rule.
(3) An assistance group may name an
authorized representative to use SNAP benefits on its behalf, as described in
paragraph (A)(3) of this rule, but is not required to do so.
(4) An assistance group may identify and use
an authorized representative for a one time emergency situation. A separate
written designation is needed each time an emergency authorized representative
is used.
(C) What are
the restrictions on designations of authorized representatives described in
paragraphs (A)(1) and (A)(2) of this rule?
In order to prevent abuse of the program, the county agency may
set a limit on the number of households an authorized representative can
represent. The county agency shall impose the following restrictions for
authorized representatives described in paragraphs (A)(1) and (A)(2) of this
rule:
(1) County agency employees who
are involved in the certification or issuance processes and retailers who are
authorized to accept SNAP benefits shall not act as authorized representatives.
When the county agency determines that no one else is available to serve as an
authorized representative they may with written approval.
(2) An individual who is disqualified for an
intentional program violation cannot act as an authorized representative during
the disqualification period unless the county agency has determined that no one
else is available to serve as an authorized representative. The county agency
must separately determine whether the individual is needed to apply on behalf
of the assistance group or to obtain benefits on behalf of the assistance
group.
(3) When the county agency
has confirmed that an authorized representative has knowingly provided false
information or improperly used SNAP benefits, the representative may be
disqualified to serve as an authorized representative for up to one year. The
assistance group and authorized representative must be notified in writing
thirty days prior to the date of disqualification. The notification must
include the reason for the proposed action and include the assistance group's
right to a state hearing. This provision is not applicable in the case of drug
and alcoholic treatment centers and those group homes that act as authorized
representatives for their residents.
(4) Homeless meal providers cannot act as
authorized representatives for homeless SNAP recipients.
(5) In the event an employer such as those
that employ migrant or seasonal farm workers are designated as authorized
representatives or a single authorized representative has access to a large
number of authorization documents, the county agency should exercise caution to
ensure that each assistance group has freely requested the assistance of the
authorized representative, the assistance group's circumstances are correctly
represented, and that the authorized representative is properly using the
benefits.
(D) How are
authorized representatives utilized in drug and alcohol treatment centers and
group living arrangements?
(1) Residents of
drug or alcohol treatment centers must apply and be certified through the use
of an authorized representative. Residents shall be responsible for complying
with requirements described in rule
5101:4-6-01 of the
Administrative Code.
(2) Residents
of group living arrangements have the option to apply and be certified through
the use of an authorized representative as described in rule
5101:4-6-26 of the
Administrative Code.
(3) Drug or
alcohol treatment centers and group living arrangements that act as authorized
representatives for residents of the facilities must use SNAP benefits for food
prepared and served to those residents participating in the SNAP program except
when a resident leaves the facility as specified in rules
5101:4-6-01 and
5101:4-6-26 of the
Administrative Code.
(4) The
representatives of the drug and alcohol treatment centers or group living
arrangements that act as authorized representatives for their residents, and
intentionally misrepresent an assistance group's circumstances, may be
prosecuted under applicable federal and state statutes for their
acts.
(E) What are the
responsibilities of the county agency?
(1)
When an applicant or recipient indicates that he or she may have difficulty
completing the application process, the county agency shall explain that a
nonassistance group member may be designated as the authorized representative
for the application process.
(2)
When an applicant or recipient
designates an authorized representative as
described in paragraph (B) of this rule, the county agency is to record the
name of the authorized representative in the case file.
(3) The county agency is to develop a system
that allows an assistance group to select an emergency authorized
representative in writing for a particular month's benefits.
(4) Except for those situations in which a
drug and alcohol treatment center or other group living arrangement acts as the
authorized representative, the county agency must inform the household that
they will be held liable for any overissuance that results from erroneous
information given by the authorized representative.
