1. (1) Except as described in Subsections (1)(a) through (c), a person shall have access to and control over that person's personal funds. A person does not have access to and control over that person's funds if:

   1. (a) a resident of the developmental center or the guardian requests that the developmental center act as the representative payee;
   2. (b) a provider human rights committee approves a restriction on the use and access to personal funds; or
   3. (c) an administrative or court order requires the person to use a representative payee.
2. (2) A representative payee shall follow each Social Security Administration requirement as described in 20 CFR 416.601 through 20 CFR 416.665 (2025), incorporated by reference in this rule.
3. (3) The division shall review a sample of representative payee files from provider records on an annual basis. The division may work with any other agency under the department to audit provider records.

4. (4) The division shall act as the representative payee when:

   1. (a) the department holds guardianship or conservatorship and the Social Security Administration designates the division as the representative payee;
   2. (b) a resident of the developmental center or the guardian requests that the developmental center act as the representative payee; or
   3. (c) an administrative or court order requires the division to act as the representative payee for a resident of the developmental center.
5. (5) The division shall give the person written notice to end any representative payee relationship as described in Subsection R539-3-4(4).
6. (6) The person shall complete a change of representative payee through the Social Security Administration.

KEY: people with disabilities, rights

Date of Last Change: July 23, 2025

Notice of Continuation: June 24, 2024

Authorizing, and Implemented or Interpreted Law: 26B-6-402; 26B-6-403