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

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

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Revised 7-1-07

(a) A custodial person, noncustodial parent, or biological parent may designate a person who is not the attorney of record as an authorized representative to:

(1) obtain child support case information and documents from the Child Support Enforcement Division (CSED) on his or her behalf; or
(2) both obtain case information and documents and, when permitted by law, to negotiate, compromise, or settle the child support case by signing releases, agreements, and documents.

(b) The information and documents an authorized representative may obtain are limited to that which the person represented may obtain under OAC 340:25-5-67.

(c) Nothing in this Section allows an authorized representative to appear before the Oklahoma Department of Human Services 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 CSED 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.

(d) The authorized representative does not have to be an attorney.

(e) A person must complete and submit to CSED Form 03EN010E, Special Power of Attorney, 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. • 1 & 2

(f) Once Form 03EN010E is received by CSED, CSED considers the designation in effect until CSED receives:

(1) a new Form 03EN010E designating another person as the authorized representative;
(2) written notice that the special power of attorney is revoked; or
(3) written notice that the designator has died.

INSTRUCTIONS TO STAFF 340:25-1-3.1

Issued 7-1-07

1. Under the Uniform Durable Power of Attorney Act, Sections 1071 through 1077 of Title 58 of the Oklahoma Statutes, if a person has a Durable Power of Attorney (DPOA) approved by the district court, then the Child Support Enforcement Division recognizes the DPOA. Child support staff obtain a copy of the DPOA for a child support attorney review.

2. Although a private collection agency's address may not be the address of record, per OAC 340:25-5-340, child support staff may release to the private collection agency a record of payments if the custodial person designates the collection agency as an authorized representative on Form 03EN010E, Special Power of Attorney, to receive confidential information about the IV-D case on behalf of the custodial person. The information an authorized representative may receive is limited to the information that the custodial person in the case may receive under OAC 340:25-5-67.

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