Or. Admin. Code § 414-175-0006

Current through Register Vol. 63, No. 11, November 1, 2024

Section 414-175-0006 - Authorized Representatives

(1) Unless otherwise limited by these rules, an authorized representative may do any of the following:

(a) With the exception of the authorized representative designation form and subject to the exception in subsection (c) of this section (1): complete, sign, and submit any applications, renewals, or documents on behalf of the applicant or beneficiary.

(b) Receive copies of notices and other communications from the Department for the applicant or beneficiary.

(c) Act on behalf of the applicant or recipient by reporting information and submitting requests to the Department or the Oregon Department of Human Services.

(2) The following individuals may appoint an authorized representative on a form designated by the Department subject to the limitations listed in sections of this rule, unless the individual is included in the filing group for the purpose of determining eligibility based on tax filing status:

(a) The head of household, primary person, or primary contact of any age.

(b) Any individual age 18 and older who is included in each eligibility determination group of the head of household, primary person, or primary contact.

(c) An individual given legal guardianship or power of attorney for an individual age 18 and older who is included in each eligibility determination group of the head of household, primary person, or primary contact.

(3) The Department may accept a designation of an authorized representative via any of the following methods, which must include either a handwritten or electronic signature of both the individual designating the authorized representative and the authorized representative:

(a) The Internet.

(b) E-mail.

(c) Mail.

(d) Telephonic recording.

(e) In person.

(f) Other electronic means.

(4) The following individuals may not serve as an authorized representative:

(a) An individual serving an Intentional Program Violation, unless the Department determines no one else is available to serve as the authorized representative.

(b) A person who may cause harm to the individual.

(c) A person who may have a conflict of interest.

(d) Employees of the Department or an employee of the Department's designee or contractor involved in the certification or issuance processes for ERDC benefits, unless a designated official determined no one else is available to serve as an authorized representative and has given approval.

(5) The authorized representative must maintain the confidentiality of any information provided by the Department or the Oregon Department of Human Services regarding the represented individual.

(6) An individual or organization ceases to be an authorized representative when:

(a) A represented individual notifies the Department or the Oregon Department of Human Services that the designation is terminated;

(b) A represented individual appoints a different authorized representative;

(c) The authorized representative notifies the Department or the Oregon Department of Human Services that the designation is terminated;

(d) The Department or Oregon Department of Human Services 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 authorized representative's authority was based.

(7) An authorized representative may be subject to an overpayment (see OAR 461-195-0501 and OAR 461-195-0541) in addition to other penalties. The Oregon Department of Human Services, on behalf of the Department, may prohibit the person from serving as an authorized representative for one year.

(8) If an individual has applied for or is requesting benefits under the ERDC program, through an authorized representative for purposes of these rules, the individual must utilize the same authorized representative to apply for benefits on behalf of the individual under any other programs in Chapter 461 of the Oregon Administrative Rules, in accordance with OAR 461-115-0090.

Or. Admin. Code § 414-175-0006

ELD 11-2023, adopt filed 06/28/2023, effective 7/1/2023

Statutory/Other Authority: ORS 329A.500

Statutes/Other Implemented: ORS 329A.500