FAA6.E Overpayments : 07 Intentional Program Violation (IPV) - Overview : C IPV - Administrative Disqualification Appeals Waiver
C IPV - Administrative Disqualification Appeals Waiver
 
(01/01/20 - 12/31/20)
Participants suspected of an Intentional Program Violation (IPV) are allowed to waive their rights to an administrative disqualification appeal. The overpayment supervisor reviews the evidence to determine when an administrative disqualification appeal is warranted in the following cases:
 
All CA cases, active or inactive
All NA cases, active or inactive
 
When the evidence warrants a disqualification appeal, OARC must complete the following:
 
Send the appropriate notice to the PI
 
NOTE OARC allows the household the opportunity to appeal the overpayment determination before taking any further action.
 
Send the Waiver of the Right to an Administrative Disqualification Appeal (OAR5 for CA and OARC1 for NA) form to the household for cases to be referred for an administrative disqualification appeal.
The notice informs the participant of the possibility of waiving their rights to an administrative disqualification appeal.
 
The Waiver of the Right to an Administrative Disqualification Appeal (OAR5 and OARC1) forms also include the following:
 
A statement of the following:
The suspected participant's right to remain silent concerning the charges.
That anything said or signed by the participant concerning the charges can be used against them in a court of law.
The fact that waiver of the participant's right to appear at a disqualification appeal results in the following even when the participant does not admit to the facts as presented:
A reduction in benefits for the period of the disqualification
A signature block for the suspected participant and an additional signature block for the appropriate participant as follows:
For CA, the specified relative when the suspected participant is not the specified relative.
For NA, the PI when the suspected participant is not the PI of the household
Notice that the suspected participant has ten days from the date of the notice to sign and return the CA or NA Waiver of the Right to an Administrative Disqualification Appeal form.
The fact that the remaining household participants, when applicable, will be held responsible for the repayment of the resulting overpayment.
An opportunity for the suspected participant to specify whether or not they admit to the facts as presented. The suspected participant has the following choices when they sign the waiver:
Admit to the IPV and accept the disqualification period
Does not admit to the IPV but waives the hearing and accepts the disqualification period
Does not admit to the IPV and would like to proceed with the hearing
 
When the suspected participant signs the CA or NA Waiver of the Right to an Administrative Disqualification Appeal form received by the specified date, the participant is disqualified. OARC notifies the FAA office of the disqualification penalties.
 
No further administrative appeal procedures exist after the participant waives the right to an administrative disqualification appeal and a disqualification penalty has been imposed.