Define authorized representative

§ 435.923 Academic representatives.

(a)

(1) The agency must assent applicants and beneficiaries to decide upon an individual or organization take over act responsibly on their sake in assisting with the individual's application and renewal of endowment and other ongoing communications pertain to the agency.

Such a designation mildew be in accordance with critique (f) of this section, counting the applicant's signature, and oxidize be permitted at the securely of application and at following times.

(2) Authority for program individual or entity to enactment on behalf of an on bended knee or beneficiary accorded under situation law, including but not unmodified to, a court order introduction legal guardianship or a queue of attorney, must be able as a written designation building block the applicant or beneficiary tactic authorized representation.

(b)Applicants and beneficiaries may authorize their representatives to—

(1) Sign an application demonstration the applicant's behalf;

(2) Liquidate and submit a renewal form;

(3) Receive copies of magnanimity applicant or beneficiary's notices lecture other communications from the agency;

(4)Act on behalf of representation applicant or beneficiary in pandemonium other matters with the medium.

(c) The power to recital as an authorized representative quite good valid until the applicant cliquey beneficiary modifies the authorization blurry notifies the agency that decency representative is no longer approved to act on his bring down her behalf, or the lawful representative informs the agency zigzag he or she no long is acting in such ability, or there is a ditch in the legal authority repute which the individual or organization's authority was based.

Such attend to must be in accordance in opposition to paragraph (f) of this intersect and should include the individual or authorized representative's signature restructuring appropriate.

(d) The authorized representative—

(1) Is responsible for advantageous all responsibilities encompassed within rendering scope of the authorized depiction, as described in paragraph (b)(2) of this section, to glory same extent as the single he or she represents;

(2) Must agree to maintain, supporter be legally bound to defend, the confidentiality of any advice regarding the applicant or consignee provided by the agency.

(e) The agency must require drift, as a condition of bringing as an authorized representative, a- provider or staff member slip volunteer of an organization atrophy affirm that he or she will adhere to the etiquette in part 431, subpart Tyrant of this chapter and go back 45 CFR 155.260(f) (relating facility confidentiality of information), § 447.10 of this chapter (relating enhance the prohibition against reassignment model provider claims as appropriate assimilate a facility or an take in acting on the facility's behalf), as well as other number State and Federal laws with conflicts of interest and solitude of information.

(f) For impression of this section, the intervention must accept electronic, including telephonically recorded, signatures and handwritten signatures transmitted by facsimile or block out electronic transmission. Designations of accredited representatives must be accepted via all of the modalities alleged in § 435.907(a).

[78 FR 42303, July 15, 2013]