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Library: Policy

340:25-1-3.1. Designation of an authorized representative

Revised 9-15-15

(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.

(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) 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

Revised 9-15-15

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.

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