Application for participation shall be made in the name of
the household, by the head of the household, the spouse, another household
member, or an authorized representative.
4.203.1
Designating a Head of
Household
A. The local office shall
allow a household to select an adult parent of children (of any age) living in
the household, or an adult who has parental control over children (under 18
years of age) living in the household, as the head of household provided that
all adult members agree to the selection. The household may make this
designation each time the household is certified for participation but may not
change the designation during a certification period unless there is a change
in the composition of the household.
B. The local office shall not use the head of
household designation to impose special requirements on the household, such as
requiring that the head of household, rather than another responsible member of
the household, appear at the local office to apply for benefits. If the
household is not able to select its head of household, or an eligible household
does not choose to select its head of household, the local office may make a
reasonable determination of the head of household with an understanding that
the head of household is usually the household member who has the most
knowledge of the household's financial circumstances. If the only adult living
in the home is not eligible for SNAP nor required to be included in the
household, they can be designated as the head of household and apply on behalf
of the unemancipated minors in the home.
4.203.2
Designating Authorized
Representatives
A. The head of the
household, spouse, or any other responsible household member may designate in
writing someone to act on behalf of the household to apply, obtain an EBT card,
and/or use the EBT card to purchase food for the household. In instances where
a household needs an authorized representative but is unable to obtain one, the
local office will assist such a household in finding one. The local office will
assure that authorized representatives are properly designated; that is, the
name of the authorized representative and the justification for appointing a
person outside the household shall be maintained as part of the household's
permanent case record.
1. Submitting an
Application
The authorized representative must be a person who is
sufficiently aware of relevant household circumstances. Whenever possible, the
head of the household or spouse should prepare or review the application even
though another household member or an authorized representative is the person
interviewed.
The local office shall inform the household that the
household will be held liable for any over-issuance which results from
erroneous information given by the authorized representative.
2. Obtaining an EBT Card
An authorized representative may be designated to obtain an
EBT card for the household at the time the household applies for participation.
The authorized representative responsible for obtaining an EBT card may be the
same individual designated to apply for the household or may be another
individual. Even if a household member can apply and obtain an EBT card, the
household should be encouraged to name an authorized representative responsible
for obtaining an EBT card in case of illness or other circumstances which might
result in an inability to obtain SNAP benefits.
3. Using an EBT Card
The authorized representative may use the household's EBT
card to purchase food for the household's consumption provided the authorized
representative is acting with the full knowledge and consent of the
household.
4. Restrictions
An authorized representative may act on behalf of more than
one household and limits shall not be placed on the number of households an
authorized representative may represent, but such an arrangement should be
approved only if there is a bona fide need. In determining such need,
consideration shall be given to the proximity of the households to one another,
the distance to the certification or issuance office, the availability of
transportation, and the health of the household members involved. In the event
employers, such as those that employ migrants, are designated as authorized
representatives or that a single authorized representative has access to
multiple EBT cards, the certification office should make certain that:
a. The household has freely requested the
assistance of the authorized representative;
b The household's circumstances are correctly
stated and the household is receiving the correct amount of benefits;
and,
c. The authorized
representative is properly using the EBT card.
B. In the event the only adult living with a
household is classified as a non-household member, that individual may be the
authorized representative for the minor household members.
4.203.21
Individuals Who Cannot Be an
Authorized Representative
The following individuals cannot be an authorized
representative unless otherwise stated:
A. Local office employees who are involved in
Program eligibility determination and/or issuance processes, or the supervisors
of such workers, unless the local office determines that no other
representative is available.
B.
Employees of FNS-authorized retailers and meal services that are authorized to
accept SNAP benefits, unless the local office determines that no other
representative is available.
C. An
individual disqualified for IPV/fraud shall not be an authorized representative
during the period of disqualification unless the individual is the only adult
in the household and the office is unable to arrange for another authorized
representative. Local offices shall determine whether these disqualified
individuals are needed to apply on behalf of the household, to obtain SNAP
benefits for the household, and to use the household's SNAP benefits to
purchase food.
D. In no event may
an authorized meal provider for persons experiencing homeless act as an
authorized representative.
4.203.22
Disqualification of an
Authorized Representative
An authorized or emergency authorized representative (section
4.203.3, below) may be disqualified from representing a household in SNAP for
up to one (1) year if the local office has obtained evidence that the
representative has misrepresented a household's circumstances and has knowingly
provided false information pertaining to the household or has made improper use
of SNAP benefits. The local office shall send written notification to the
affected household(s) and to the representative thirty (30) calendar days prior
to the date of disqualification. The notification shall include the proposed
action, the reason for the proposed action, the household's right to request a
fair hearing, the telephone number of the office, and, if possible, the name of
the person to contact for additional information.
This provision is not applicable in the case of drug and
alcohol treatment centers or to the heads of group living arrangements that act
as authorized representatives for their residents. However, drug and alcohol
treatment centers and the heads of group living arrangements that act as
authorized representatives for their residents, and that intentionally
misrepresent households' circumstances, may be prosecuted under applicable
state fraud statutes for their acts.
4.203.3
Emergency Authorized
Representatives
The household may designate an emergency authorized
representative during the certification period should the need arise. Such a
person obtains the EBT Card for the household when neither a household member
nor the previously designated authorized representative is able to obtain the
EBT Card because of unforeseen circumstances. An emergency authorized
representative must be designated in writing by the head of the household,
spouse, or other responsible household member.
Local offices shall develop a system by which a household may
designate an emergency authorized representative to obtain the household's
benefits for a particular month. Households shall not be required to travel to
a local office to designate an emergency authorized
representative.
Notes
10 CCR 2506-1-4.203
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
