HAR §17-647-30. Authorized representatives

(a) The head of a household, spouse, or any other responsible member of a household may designate an authorized representative to act on behalf of a household when filing the application. (b) When the head of a household or the spouse is unable to file an application, another household member may file an application. An adult nonhousehold member may be designated as the authorized representative and may file an application on behalf of a household wishing to apply for food stamps. (c) Although another household member or an authorized representative may be interviewed, the head of a household or the spouse shall prepare and review the application whenever possible. (d) The branch shall emphasize to the household that it will be held liable for any overpayment which results from erroneous information given by the authorized representative, except for alcoholic and drug addiction treatment centers and group living arrangements and as specified in chapter 17-604.1. Responsible adults who are nonhousehold members may be designated as authorized representatives only where: (1) The uthorized representative has been designated in writing by the head of a household, the spouse, or another responsible member of the household; and (2) The authorized representative is an adult who is sufficiently aware of relevant household circumstances. (e) An authorized representative may be designated for purposes of obtaining coupons. The designation shall be made at the time the application is completed. §17-647-30 647-24 (1) Any authorized representative shall be named on the ID card. (2) An authorized representative for coupon issuance may be the same individual designated to make application for the household or may be another individual. (3) Even if the household members are able to make application and obtain coupons, the household shall be encouraged to name an authorized representative for obtaining coupons in case of illness or other circumstances which may result in an inability to obtain coupons. (4) The household may also designate an emergency authorized representative at a later date in accordance with the procedures detailed on the ID card. An emergency authorized representative shall be an individual not when neither already listed on the ID card who obtains coupons a household member nor the authorized representative is able to obtain the coupons because of unforeseen circumstances. (f) When an authorized representative is cashing the household's ATP card, it must first obtain the signature of the payee on the back of the ATP card. A signature by any other person or by an "attorney in fact" will not be valid, except when the payee is unable to sign the card due to a physically disabling condition, such as, a comatose state, paralysis, or amputation. Alcoholism, drug abuse, and mental illness are not conditions which are considered disabling for this requirement. (g) An authorized representative may use coupons to purchase food for a household, provided the authorized representative has the household's ID card with the full knowledge and consent of the household. (h) In the event that the only adult member of a household is classified as a nonhousehold member, as defined in chapter 17-655, the individual may be §17-647-30 647-25 designated as the authorized representative for the minor household members. (i) The following restrictions or controls shall be placed on the use of authorized representatives: (1) Retailers which are authorized to accept food coupons or employees of the department may not act as authorized representatives without the specific written approval of PD-IM(FS) after a determination has been made by the branch that no one else is available to serve; (2) Persons disqualified for fraud shall not act as an authorized representative unless the provisions of subsection (g) apply. The branch shall separately determine whether these individuals are needed to apply on behalf of the household, to obtain coupons, and to use the coupons to obtain food for the household; and (3) Homeless meal providers, as defined in chapter 17-663, shall not act as authorized representatives for homeless food stamp recipients. (j) The branch shall assure that authorized representatives are properly designated. Limits shall not be placed on the number of households an authorized representative may represent. The name of an authorized representative shall be maintained as part of the household's permanent case file. The branch shall exercise caution to assure that: (1) The household has freely requested the assistance of the authorized representative; (2) The household's circumstances are correctly represented and the household is receiving the correct amount of benefits; and (3) The authorized representative is properly using the coupons. Branches which suspect authorized representatives are not properly using coupons shall report the circumstances to PD-IM for forwarding to FNS. §17-647-30 647-26 (k) If the branch has obtained evidence that an authorized representative has misrepresented a household's circumstances and has knowingly provided false information pertaining to the household, or has made improper use of coupons, it may disqualify that authorized representative from participating in the food stamp program for up to one year. The branch shall send written notification to the affected household(s) and authorized representative thirty days prior to the date of disqualification. The notification shall include: (1) The proposed action; (2) The reason for the proposed action; (3) The household's right to request a hearing; (4) The telephone number of the food stamp office; and (5) If possible, the name of the person to contact for additional information. (l) Drug and alcoholic treatment facilities and those group homes which act as authorized representa- tives for their residents shall not be affected by subsection (j). [Eff 3/19/93 ] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.1(f)(1)(4))