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(k) Restrictions on designations of authorized representatives. Social services districts must restrict the use of authorized representatives for purposes of applying for and using food stamp benefits as follows:
(1) Social services district employees who are involved in the certification or issuance processes and retailers who are authorized to accept food stamp benefits may not act as authorized representatives without the specific written approval of the local social services commissioner or his or her designee and only if that official determines that no one else is available to serve as an authorized representative.
(2) An individual disqualified for an intentional program violation cannot act as an authorized representative during the disqualification period, unless the social services district has determined that no one else is available to serve as an authorized representative. The social services district must separately determine whether the individual is needed to apply on behalf of the household or to use benefits on behalf of the household.
(3) If the social services district determines that an authorized representative has knowingly provided false information about household circumstances or has made improper use of food stamp benefits, it may disqualify that person from being an authorized representative for up to one year. The social services district must send written notification to the affected household(s) and the authorized representative 30 days prior to the date of the disqualification. The notification must specify the reason for the proposed action and the household's right to a fair hearing. Drug and alcohol treatment centers and those group homes which act as authorized representatives for their residents are not subject to disqualification under this paragraph. However, anyone, including drug and alcohol treatment centers and heads of group living arrangements, that acts as an authorized representative and intentionally misrepresents household circumstances is subject to disqualification for an intentional program violation or prosecution under applicable Federal and State statutes and regulations for their actions.
(4) Homeless meal providers may not act as authorized representatives for homeless food stamp recipients.
(5) In order to prevent abuse of the program, a social services district may set a limit on the number of households an authorized representative may represent at any given time and the total number of households an authorized representative may represent within a specific time period for purposes of applying for food stamp benefits and for reporting changes in household circumstances during the certification period. The limit on the number of households that an authorized representative may represent must be applied equally to all authorized representatives in a district, but does not apply to drug and alcohol treatment centers, group homes and those who represent households only for purposes for using food stamp benefits. Prior to limiting the number of households an authorized representative may represent, a social services district must request and obtain written approval from this office. The request must state the number of households an authorized representative may represent at any given time and the total number of households an authorized representative may represent within a specific time period.