FAA6.E Overpayments : 07 Intentional Program Violation (IPV) - Overview : D IPV - Administrative Disqualification Appeal : .05 IPV - Administrative Disqualification Appeal - Conducting the Appeal
IPV - Administrative Disqualification Appeal - Conducting the Appeal
Administrative disqualification appeals are conducted under the same procedures as other appeals, with the following additional requirements:
Administrative disqualification appeals may be conducted without the presence of (or participation by) the participant or representative only when there is no appearance at the scheduled appeal and any of the following occur:
The notice sent by first class or certified mail is returned as undeliverable.
The certified mail receipt is returned to the Appellate Services Administration (ASA) with a signature in the name of the participant or signed on behalf of the participant.
The certified mail is returned to the ASA with postal service notation that the participant refused to accept delivery.
All of the following apply:
The participant was a program participant in Arizona at the time that the notice of appeal is mailed
The notice was mailed to the correct address of record
The notice was returned to the ASA by the postal service as undeliverable or unclaimed
When the ASA is unable to conduct the appeal due to an inability to properly notify the participant, the case is referred back to the local office for more current information on the participant's address.
When the ASA is able to conduct the appeal, the following apply:
The appeal official considers the evidence and makes the IPV appeal decision.
A written notice of the decision is mailed to the participant with a copy to the Office of Accounts Receivable and Collections (OARC) and the local office.
The participant has ten days from the date of the decision to present good cause reasons for failure to appear should the appeals office determine that the failure to appear was for good cause. When good cause is established, the following apply:
The previous decision is no longer valid.
An appeal will be scheduled. When a new appeal is scheduled, OARC and the local office are notified.
The Appeals Officer must enter the good cause decision into the record.
The local office or Region office sends an FAA representative to the appeal to present the state's evidence. The representative must be familiar with the circumstances of the case. More than one FAA employee must be familiar with the case prior to the appeal, in the event that one person cannot attend.
At the time of the appeal, should the FAA representative find that the evidence does not indicate the participant committed the IPV as alleged, the representative may testify to that fact.