IPV - Administrative Disqualification Appeal - Appeal Decision
The Administrative Law Judge (ALJ) makes the appeal decision based on clear and convincing evidence of whether or not the participant committed an
Intentional Program Violation (IPV). The burden of proof rests with FAA.
The ALJ's decision on the case is based exclusively on the appeal record and complies with federal law and regulation.
The ALJ issues a decision and includes one or more of the following:
●Specific reasons for the decision
●Supporting evidence
●Pertinent regulations
●Responses to all reasons and arguments made by the participant or representative
When the ALJ finds that the participant did not commit an IPV, a written notice is sent from the Appellate Services Administration (ASA) to inform the participant of the decision.
NOTE The Office of Accounts Receivable and Collections (OARC) destroys the recalculated overpayment.
When the ALJ finds that the participant did commit an IPV, OARC completes the following:
●Sends the participant a written disqualification notice.
●Begins collections