340:25-1-3.1. Designation of an authorized representative
(a) A custodial person, noncustodial parent, or biological parent may designate a person as an authorized representative to:
(1) obtain child support case information and documents from Oklahoma Department of Human Services (DHS) Child Support Services (CSS) on his or her behalf; or
(2) provide information and documents to CSS on his or her behalf.
(b) CSS does not honor requests to designate a person who has a conflict of interest that would result in the release of information he or she is otherwise not entitled to receive as an authorized representative. • 1
(c) An authorized representative may obtain information and documents limited to those items the person represented may obtain per Oklahoma Administrative Code 340:25-5-67.
(d) This Section does not allow an authorized representative to appear before the DHS Office of Administrative Hearings: Child Support or the district court on behalf of the person represented unless specifically allowed by law. Further, nothing in this Section prevents CSS from requesting the court to enter a default order based on the person's failure to appear, even when the person's authorized representative is present.
(e) The authorized representative does not have to be an attorney.
(f) A person must complete and submit Form 03EN010E, Authorized Representative Designation, to CSS before the representative may act or receive information orally or in writing on behalf of the person represented. A person may have only one authorized representative at any time. • 2 & 3
(g) When CSS receives Form 03EN010E, CSS verifies the identity of the individual completing Form 03EN010E. CSS considers the designation in effect until CSS receives:
(1) a new Form 03EN010E designating another person as the authorized representative;
(2) written notice that the designation of an authorized representative is revoked; or
(3) written notice that the designator is deceased. • 4
(h) CSS reserves the right to refuse to honor a designation of authorized representative. • 5
INSTRUCTIONS TO STAFF 340:25-1-3.1
1. For example, when a noncustodial person (NCP) has multiple cases, custodial person (CP) 1 cannot be designated as the NCP's authorized representative because it would result in an unauthorized release of information to CP 1 regarding the cases of CP 2 and CP 3.
2. Per the Uniform Durable Power of Attorney Act, Sections 1071 through 1077 of Title 58 of the Oklahoma Statutes, when a person has a Power of Attorney (POA) or a legally sufficient written release of information, Oklahoma Department of Human Services Child Support Services (CSS) recognizes the POA. CSS staff obtains a copy of the POA for the CSS state's attorney's review.
3. A private collection agency's address may not be the address of record per Oklahoma Administrative Code (OAC) 340:25-5-340. When the CP designates the collection agency as an authorized representative on Form 03EN010E, Authorized Representative Designation, CSS staff may release to the private collection agency, the information described in OAC 340:25-5-67(b)(2).
4. CSS staff verifies the identity of the CP or NCP designating an authorized representative prior to honoring the designation. CSS may verify identity by:
(1) requesting a photocopy of the CP's or NCP's government-issued identification;
(2) verifying the CP's or NCP's identity through direct contact in person or by phone;
(3) comparing the CP's or NCP's signature on a court order or other verified document; or
(4) requiring the person designated as the authorized representative to provide information about the CP or NCP, including the person's address, Social Security Number, and the names of the other parties to the case.
5. (a) CSS staff may refuse to honor a designation of authorized representative when the authorized representative is disruptive to case processes including, but not limited to:
(1) knowingly providing false information;
(2) disrupting court proceedings or office appointments; or
(3) threatening violence against CSS staff or other parties to a case.
(b) When CSS disallows a designation on a case under this Section, the individual is prohibited from being designated as an authorized representative for one year.