A IPV - Determination of an IPV
 
(01/01/20 - 12/31/20)
Consider participants to have committed an Intentional Program Violation (IPV) when any of the following occur:
 
The participant signs an NA Waiver of the Right to an Administrative Disqualification Appeal (OARC1) form which indicates the IPV is to be imposed.
The participant is found to have committed an IPV by an administrative disqualification appeal.
The participant had an IPV sanction imposed in another state. Written or electronic proof of the IPV should be obtained when contacting another state for verification of an IPV. Complete the following for the appropriate program:
For CA, contact the state in which benefits were received when the participant reports receipt of benefits in another state. Inquire as to whether the participant had committed an IPV. (See State Contacts)
For NA, see Disqualified Recipient System (DRS) and contact OARC for procedures to identify disqualified NA participants from other states.
 
NOTE FAA must honor sanctions imposed against an applicant or participant by an agency of another state that administers the Nutrition Assistance program. FAA must consider prior violations committed in another state when determining the appropriate sanction level.
 
The following apply to the CA program only:
The participant is convicted of intentional misrepresentation or other fraudulent offenses by a court of law.
Consider the participants to have committed an IPV regardless of their benefit payment status.
The following apply to the NA program only:
The participant is convicted of intentional misrepresentation or other NA offenses by a court of law.
Consider an individual to have committed an IPV regardless of whether they have ever been included in an NA household.
 
The overpayment writer is responsible for making the preliminary determination that the participant has committed an IPV and the overpayment supervisor makes the final determination of IPV.
 
The Office of Accounts Receivable and Collections (OARC) is notified of the determination by the arrival of the overpayment packet. (See Overpayment Time Frames)
 
When the ALJ decision does not support an IPV, OARC receives the decision letters. OARC changes the classification of the overpayment.