WIU staff completes an investigation to determine that there is sufficient evidence of an intentional program violation (IPV) to pursue a disqualification. Having completed the investigation, WIU staff decides whether to pursue the matter in court or as an administrative disqualification. WIU regional managers will review all completed investigations to decide that sufficient evidence exists to pursue the administrative disqualification.
After making the decision to pursue an administrative disqualification, the WIU investigator may present the EU member accused of the IPV the option of waiving the administrative disqualification hearing by offering the Waiver of Administrative Disqualification Hearing Consent Agreement (IM-161). The IM-161 cannot be offered when there is a suspicion of guilt but the evidence is not convincing or there is no evidence. The following steps must be followed before the IM-161 can be offered to the individual.
- The WIU investigator discusses the case with a WIU regional manager and they agree there is clear and convincing evidence of an IPV. The WIU investigator interviews the individual, and may offer the IM-161 Waiver.
- The Withdrawal of Waiver of Administrative Hearing (IM-161A) is provided any time the IM-161 Waiver is offered.
- If the WIU manager does not agree regarding the evidence, the WIU investigator will attempt to obtain additional evidence or close the investigation.
If the individual agrees to waive the ADH, consenting to the disqualification, the individual is allowed ten (10) business days to complete and return the IM-161A. After that time has expired and the individual did not withdraw the waiver by submitting the IM-161A, WIU staff enters the disqualification on the Disqualification/Tracking (FMAM) screen.