Or. Admin. Code § 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
caretaker.
(b) Receive copies of
notices and other communications from the Department for the applicant or
caretaker.
(c) Act on behalf of the
applicant or caretaker 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 caretaker.
(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 the head of household, primary
person, or caretaker included in each eligibility determination
group.
(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.
Notes
Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
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