Revisions to Rules of Conduct and Standards of Responsibility for Appointed Representatives

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Supporting Statement - RIN 0960-AH63 (Final Rule).docx	Supporting Statement A	Uploaded 2018-05-17	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
223061	20 CFR 404.1740(b)(9) and 416.1540(b)(9)		Unchanged
223059	20 CFR 404.1740(b)(8) and 416.1540(b)(8)		Unchanged
223058	20 CFR 404.1740(b)(7) and 416.1540(b)(7)		Unchanged
223057	20 CFR 404.1740(b)(6) and 416.1540(b)(6)		Unchanged
223056	20 CFR 404.1740(b)(5) and 416.1540(b)(5)		Unchanged

ICR Details

OMB Control No: 0960-0804	ICR Reference No: 201612-0960-001
Status: Historical Inactive	Previous ICR Reference No: 201608-0960-002
Agency/Subagency: SSA	Agency Tracking No:
Title: Revisions to Rules of Conduct and Standards of Responsibility for Appointed Representatives
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Improperly submitted	Conclusion Date: 06/25/2018
	Date Received in OIRA: 05/17/2018
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: Individuals appointed to represent claimants before SSA must report to SSA in writing whenever one of the following situations in our revised regulations occurs: • 20 CFR 404.1740(b)(5) and 416.1540(b)(5) – Notifying SSA in writing if the representative’s employee or any individual contracting with the representative drafted, prepared, or issued a medical or vocational opinion about a claimant’s disability or if the representative referred or suggested that the claimant seek an examination from, treatment by, or the assistance of the individual providing opinion evidence; • 20 CFR 404.1740(b)(6) and 416.1540(b)(6) – Disclosing to SSA in writing immediately if the representative discovers that his or her services are or were used by the claimant to commit fraud; • 20 CFR 404.1740(b)(7) and 416.1540(b)(7) – Disclosing to SSA in writing whether the representative has been disbarred or suspended from any bar or court; • 20 CFR 404.1740(b)(8) and 416.1540(b)(8) – Disclosing to SSA in writing whether the representative is or has been disqualified from participating in or appearing before any Federal program or agency; and • 20 CFR 404.1740(b)(9) and 416.1540(b)(9) – Disclosing to SSA in writing whether the representative has been removed from practice or suspended by a professional licensing authority for reasons that reflect on the representative’s character, integrity, judgment, reliability, or fitness to serve as a fiduciary. A representative’s obligation to report these events is ongoing, and a representative must report any time one or more of these events occurs. We consider this information essential to ensure the integrity of our administrative process and to safeguard the rights of all claimants. Representatives must notify SSA in writing, but there is no prescribed format for these reports. The respondents are individuals appointed to represent claimants before SSA. This is associated with a Final Rule that has not, yet, published. We will resubmit after the Final Rule publishes.

---

Authorizing Statute(s): US Code: 42 USC 1386 Name of Law: Social Security Act
   US Code: 42 USC 405 Name of Law: Social Security Act
   US Code: 42 USC 406 Name of Law: Social Security Act
  

Citations for New Statutory Requirements: US Code: 42 USC 405 Name of Law: Social Security Act
US Code: 42 USC 406 Name of Law: Social Security Act
US Code: 42 USC 1386 Name of Law: Social Security Act

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0960-AH63	Proposed rulemaking	81 FR 54520	08/16/2016

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 5

table that charts list of burden

IC Title	Form No.	Form Name
20 CFR 404.1740(b)(5) and 416.1540(b)(5)
20 CFR 404.1740(b)(6) and 416.1540(b)(6)
20 CFR 404.1740(b)(7) and 416.1540(b)(7)
20 CFR 404.1740(b)(8) and 416.1540(b)(8)
20 CFR 404.1740(b)(9) and 416.1540(b)(9)

---

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This new information collection increases the public reporting burden. See chart above for the burden figures. This is associated with a Final Rule that has not, yet, published. We will resubmit after the Final Rule publishes.

---

Annual Cost to Federal Government: $910,602

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/17/2018

---