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(1) In the child care programs, a provider commits an intentional program violation (IPV) by intentionally making a false or misleading statement or misrepresenting, concealing, or withholding information related to their request to be eligible for a child care payment under OAR 414-175-0080 or a claim for a child care payment.
(2) An IPV is established by a state or federal court, by an administrative agency in a contested case, or by an individual signing the designated form acknowledging the IPV and waiving the right to an administrative hearing. If the IPV will be established in a contested case, the Department initiates the IPV hearing.
(3) Except as provided in section (4) of this rule, there is no administrative appeal after an individual waives the right to an IPV hearing and the penalty may not be changed by subsequent administrative action.
(4) An individual who waives the right to an IPV hearing may seek relief in court or request a contested case hearing on the sole issue of whether the waiver was signed under duress. If there is a determination that the waiver was signed under duress, the initial IPV penalty is void, and:
(a) If a court determines that a waiver was signed under duress, the court may determine whether an IPV occurred and the amount of the penalty.
(b) If an administrative law judge determines that a waiver was signed under duress, the state may initiate an IPV hearing to determine whether an IPV occurred and the amount of the penalty.
(5) An individual may be subject to disqualification for an intentional program violation (IPV) only if the individual was advised of the disqualification penalties prior to committing the IPV.
(6) If an IPV is established against an individual through a contested case hearing, a waiver of the right to hearing, or by a state or federal court, that individual is liable for repayment to the Department of the full amount of overpayment (see OAR 461-195-0501) the Department has established. The amount of restitution to the Department ordered by a court as part of a criminal proceeding does not lower the amount owed to the Department. Payments of restitution to the Department are credited against the amount owed. A client is not subject to an IPV disqualification but is still required to repay overpayment amounts.
(7) A child care provider who has incurred an overpayment established as an IPV claim is ineligible for payment:
(a) For six months and until the full amount of the overpayment is paid; or
(b) Permanently, if the Department finds that such ineligibility is in the public interest. The following is a non-exclusive list of reasons that support a determination of permanent ineligibility: safety concerns; or, the likelihood of future violations; or, the degree of egregiousness of any of the established IPVs; or, the degree of primary involvement in the violation by the provider.