Current through Register Vol. 63, No. 9, September 1, 2024
(1)
With the exception of individuals who are included in the EDG solely because
they are part of a tax-filers tax group (see OAR
410-200-0305) and except as
limited in sections (3), (4), and (5) of this rule, the following individuals
may appoint an authorized representative on a form designated by the Agency:
(a) The primary contact;
(b) An individual age 18 or older who is
included in the EDG with the primary contact, head of household (see OAR
461-001-0015), or primary person
(see OAR 461-001-0000), for all programs
with which the primary contact, head of household, or primary person
participates;
(c) An individual
given legal guardianship or power of attorney for an individual age 18 and
older.
(2) The Agency
shall accept an applicant or beneficiary's designation of an authorized
representative via any of the following methods that must include either a
handwritten or electronic signature of both the applicant or beneficiary and
designated authorized representative:
(a) The
Internet;
(b) E-mail;
(c) Mail;
(d) Telephonic recording;
(e) In person; or
(f) Other electronic means.
(3) An authorized representative
designated for one program is the authorized representative for all programs
and benefits of the primary contact, head of household (see OAR
461-001-0015), or primary person
(see OAR 461-001-0000), excluding
Temporary Assistance for Domestic Violence Survivors (see OAR
461-135-1200) and long-term care
services (see OAR 461-001-0000).
(4) Unless limited elsewhere in this rule,
the authorized representative:
(a) May, with
the exception of the Authorized Representative designation form and subject to
the exception in subsection (b) of this section, complete, sign, and submit an
application, renewal, or documents on the applicant's or beneficiary's
behalf;
(b) May act on behalf of
the applicant or recipient by reporting information and submitting requests to
the Agency, except an individual's long-term care (see OAR
461-001-0000) services provider
cannot serve as the individual's designated representative (see OAR
411-004-0010) or representative
(see OAR 411-028-0010 and
411-030-0020) for long-term care
services; and
(c) May receive
copies of the applicant or beneficiary's notices and other communications from
the Agency.
(5) The
following may not serve as an authorized representative:
(a) An individual serving an Intentional
Program Violation (see OAR
461-195-0601), unless the Agency
determines no one else is available to serve as the authorized
representative;
(b) Homeless meal
providers for homeless SNAP recipients;
(c) An individual who presents a risk of harm
to case individuals;
(d) An
individual who presents a conflict of interest;
(e) An agency employee or an employee of a
contractor who is involved in the certification or issuance processes for
Agency program benefits may not act as an authorized representative without the
specific written approval of a designated Agency official, and only if that
official determines that no one else is available to serve as an authorized
representative;
(f) Retailers who
are authorized to accept Department Electronic Benefit Transfer (EBT) cards may
not act as an authorized representative without the specific written approval
of a designated Agency official, and only if that official determines that no
one else is available to serve as an authorized representative.
(6) The authorized representative
must maintain the confidentiality of any information provided by the Agency
regarding the represented individuals.
(7) An individual ceases to be an authorized
representative when:
(a) The represented
individual notifies the Agency that the designation is terminated;
(b) The represented individual appoints a
different authorized representative;
(c) The authorized representative informs the
Agency that the designation is terminated;
(d) The Agency determines the authorized
representative is no longer permitted to be the authorized representative;
or
(e) There is a change in the
legal authority upon which the individual or organization's authority was
based.
(8) An authorized
representative may be subject to overpayments (see OAR
461-195-0501 and
461-195-0541) in addition to
other penalties:
(a) In group living (see OAR
461-001-0015) arrangements or
substance use disorder (SUD) treatment centers, the facility may be prosecuted
under applicable federal or state law;
(b) For other authorized representatives not
covered by subsection (a) of this part, the Agency may prohibit the person from
serving as a representative for one year.
(9) Conditions and requirements related to
the designation and administration of authorized representatives described in
OAR 461-115-0090 also apply to HSD
Medical Programs.
Statutory/Other Authority: ORS
411.402,
411.404,
413.042 &
414.534
Statutes/Other Implemented: ORS
411.402,
411.404,
414.534, ORS
411.400,
411.406,
411.439,
411.443,
413.032,
413.038,
414.025,
414.231, 414.447,
414.536 &
414.706
