IPV - Administrative Disqualification Procedures
|
|
REVISION 48
(01/01/20 - 12/31/20)
|
FAA is responsible for investigating any alleged
Intentional Program Violation (IPV) and ensuring that appropriate action is taken. This is accomplished by initiating an administrative
disqualification appeal or referral to a court.
FAA may initiate these actions regardless of program status.
A person may be found to have committed an IPV based on one of the following options:
●The participant is found guilty in an Administrative Disqualification Hearing.
●The participant signs and waives the right to have an Administrative Disqualification Hearing by admitting guilt and accepting the disqualification of IPV.
●The participant signs the waiver to a hearing stating that they do not admit to the facts, but would like to waive their rights to a hearing and will accept the disqualification of IPV.
Upon a determination of IPV through a signed waiver or through an Administrative Disqualification Hearing, the individual has no right to further administrative appeal. The individual may seek relief in a court having jurisdiction and may seek a stay or other injunctive relief of a period of disqualification.
The overpayment supervisor determines when there is sufficient evidence to support the IPV claim. When this occurs they then send the case to OARC. OARC will automatically send the case to the Appellate Services Administration (ASA) to begin the disqualification period.
Policy and procedures regarding administrative disqualification procedures are as follows: