FAA6.E Overpayments : 07 Intentional Program Violation (IPV) - Overview : D IPV - Administrative Disqualification Appeal
IPV - Administrative Disqualification Appeal
FAA conducts administrative disqualifications for participants suspected of committing an Intentional Program Violation (IPV), unless the participant is referred for prosecution. The same appeal officials conduct both administrative disqualifications and Appeals.
FAA does not initiate an administrative disqualification against any participant when any of the following occur:
The case is currently being referred for prosecution or following any action taken by the prosecutor or court of appropriate jurisdiction, when factual issues arise out of the same or related circumstances.
When the violation occurred prior to an earlier disqualification but is discovered after that disqualification.
The participant signs a Waiver of the Right to an Administrative Disqualification Appeal (OAR5 for CA and OARC1 for NA) form.
In the case of multiple violations, FAA must set up one disqualification appeal to cover all known violations. Appeal decisions for multiple violations consist of only ONE penalty.
When a participant is suspected of committing an IPV in both the CA and NA programs, FAA may conduct a single administrative disqualification when both of the following apply:
The factual issues arise out of the same or related circumstances.
The household is given a 30-day notice that a single administrative disqualification will be held.
NOTE The household has the right to waive the required 30-day advance notice period.
When the appeals are combined, the disqualification appeal time frames must be followed. (See Administrative Disqualification Appeal Time Frames)
The household loses the right to a subsequent appeal on the amount of the overpayment when appeals are combined to do both of the following:
Settle the amount of the overpayment.
Determine whether an IPV has been committed.
Policy and procedures regarding the administrative disqualification appeal process are outlined as follows: