We may find non-attorney representatives ineligible to participate in the direct fee
payment program if they fail to meet any of the applicable criteria GN 03920.018B and GN 03920.018C, in this section. They can protest our finding of ineligibility if we based the finding
on failure to:
Attest to or provide sufficient documentation of the required education or equivalent
We will find applicants ineligible to take the written examination if they do not
include on the application educational or professional experience that meets our education
requirement criteria. If they pass the examination, but fail to provide sufficient
documentation of their educational and work experience as required, we will find them
ineligible to participate in the direct fee payment program. Applicants may protest
either of these findings.
If a non-attorney representative does not protest our ineligibility finding, or we
uphold a protested ineligibility finding, the non-attorney representative may reapply
for the examination in the following year.
Meet at all times the criminal background investigation criteria
Non-attorney representatives who do not pass our background checks are ineligible
for direct payment. If we cannot complete a background check prior to the examination
date, we allow the applicant to sit for the examination; however, subsequent failure
to pass a background check will lead to ineligibility, regardless of the examination
results. Representatives may protest this finding. Ineligibility begins with the month
after the month the protest period ends, or with the month after the month, we uphold
our finding after a protest. A non-attorney representative who does not pass the background
check or unsuccessfully protests our finding may not reapply to the EDPNA program.
Provide documentation of both continuous liability insurance coverage and completed
continuous education courses
We will find an EDPNA who does not meet the criteria for continuous insurance coverage
or continuing education ineligible to receive direct fee payment for six full calendar
months. EDPNAs may protest these findings. The ineligibility period begins with the
month after the month the protest period ends, or with the month after the month,
we uphold our finding after a protest. If the EDPNA does not protest our finding,
we will uphold the 6-month ineligibility period.
In either case, the EDPNA may provide us with documentation that shows the required
insurance coverage or satisfies the requirements for continuing education at any time.
The EDPNA will again be eligible to receive direct fee payment beginning in the first
month after the month we received sufficient documentation, but not earlier than the
month following the end of the 6-month ineligibility period. We update the Non-Attorney Representatives List monthly to show who is eligible to receive direct payment.
If the non-attorney representative files a protest for any other reason, we will not
recognize the protest and will implement our ineligibility finding as if the representative
had not filed a protest.
A non-attorney representative who wants to protest our finding must file a protest
in writing and provide all relevant supporting documentation to us within ten calendar
days after the date we notify the representative of our ineligibility finding.
Our decision in response to a protest is final and is not subject to further review.