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 as an authorized representative 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. • 1
(c) The information and documents an authorized representative may obtain are 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.
(g) Once CSS receives 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.
(h) CSS reserves the right to refuse to honor a designation of authorized representative. • 4
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 review.
3.Although a private collection agency's address may not be the address of record, per Oklahoma Administrative Code (OAC) 340:25-5-340, CSS staff may release to the private collection agency a record of payments when the CP designates the collection agency as an authorized representative on Form 03EN010E, Authorized Representative Designation, to receive confidential information about the Title IV-D case on behalf of the CP.The information an authorized representative may receive is limited to information the CP in the case may receive per OAC 340:25-5-67.
4.(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.