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Is it legal to play at a higher tier in a scenario if you fit in the lower tier for that scenario? For example, in a level 5-9 scenario, can a level 5 character play with a level 8-9 party and, assuming he survives, get the tier 8-9 loot?
I’m basically asking this to determine if I need to do an audit on one of my players. His last chronicle indicates that he did this, playing up 3 levels, and in the last session he had about double the magical loot of any other character in the group.

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Is it legal to play at a higher tier in a scenario if you fit in the lower tier for that scenario? For example, in a level 5-9 scenario, can a level 5 character play with a level 8-9 party and, assuming he survives, get the tier 8-9 loot?
I’m basically asking this to determine if I need to do an audit on one of my players. His last chronicle indicates that he did this, playing up 3 levels, and in the last session he had about double the magical loot of any other character in the group.
It's completely legal, though it will quickly become hazardous for his health depending on which scenario he plays at Subtier 8-9. As long as the total party level averaged to 6.5 or higher it is an option (or 5.5 with 6 players if it's Season 0-3, though I wouldn't recommend that such a group play 8-9 in most circumstances).

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Jiggy is correct.
As long as your character is within the "TIER" level of the scenario, you can play out of "SUB-TIER" should your APL dictate you must/can.
e.g.
A party consisting of a 5, 5, 5, 9, 9, 9 playing a 50-9 will come out as APL 8 (5+5+5+9+9+9)/6 = 7 + 1 (for party size of 6) = 8. This puts them in the 8-9 sub-tier. The 5's can play because the scenario is 5-9, but they should play in the "high" sub-tier by the party's APL.

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Yes, he can do that legally, if the APL of the party as a whole allows play at the higher sub-tier. The risk of death is much higher, of course, on Saturday in a game I GM'd a 3rd level character died playing in the 6-7 sub-tier of a 3-7 game. A player can't be forced to play a scenario if they're not comfortable with the sub-tier to be played.
One thing to watch out for: If someone plays in a scenario with more than two sub-tiers, such as a 1-7 or one of the GenCon/convention season specials like Year of the Shadow Lodge, he can only play up or down one sub-tier. For example, in a tier 1-7 scenario, a 2nd level character with a bunch of 6th and 7th level characters will force the group to play at 3-4 even if the APL is 6 because the 2nd level character can't play up two sub-tiers into 6-7.

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Completely legal although if he had double the wealth of any of the 8-9s you might want to do an audit anyway to make sure there's nothing else going on.
We had one local player who pretty much refused to play unless he was playing up (with much higher level characters). Was pretty annoying and meant by the time he hit level 10 he had a ridiculous amount of stuff.

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Completely legal although if he had double the wealth of any of the 8-9s you might want to do an audit anyway to make sure there's nothing else going on.
We had one local player who pretty much refused to play unless he was playing up (with much higher level characters). Was pretty annoying and meant by the time he hit level 10 he had a ridiculous amount of stuff.
Your wealth is zero if you refuse to play. ;-)

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Completely legal although if he had double the wealth of any of the 8-9s you might want to do an audit anyway to make sure there's nothing else going on.
We had one local player who pretty much refused to play unless he was playing up (with much higher level characters). Was pretty annoying and meant by the time he hit level 10 he had a ridiculous amount of stuff.
I prefer to play up whenever possible, because I like the challenge (and, yes, the loot) but I'd certainly never mandate it. This guy just sounds like a putz.

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Hrm...
500
500
500
LV2
500
500
500
LV3
500
1100
1600
LV4
1600
1600
1600
LV5
1600
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12,600gp (minus consumables used)
LV1
1600
1600
1600
LV2
1600
1600
1600
LV3
2100
2100
2100
LV4
2100
2100
2100
LV5
3100
----------
25,300gp (minus consumables used)
I could be off on some of the typical amounts for subtiers, but double wealth looks doable (though unlikely).