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12.2.5.1 Pre-Fact Finding Review Resolutions
The Fact Finding Review is an informal process to resolve disputes. It permits the petitioner and W-2 agency to present information regarding the action or inaction in dispute. The W-2 agency must date stamp all requests for Fact Finding Reviews on the date the request was received. The agency must notify the petitioner of the scheduled Fact Finding Review appointment within 3 working days after the date the request for Review is received by the agency. The agency must use the Fact Finding Review Appointment Notice form (10782) to notify the individual of the time, place and date of the scheduled Fact Finding Review. The agency must give the petitioner reasonable notice of the scheduled Fact Finding Review and must hold the Review within 8 working days of receiving the request.
If any party requests that the Fact Finding Review be rescheduled and has a reasonable reason for the request, the agency must reschedule the Fact Finding Review. The Fact Finder is responsible for determining the reasonableness of the request to reschedule.
An audio recording of the Fact Finding Review is recommended. All participants must be informed of the recording.
At any time up to the date of the scheduled Fact Finding Review, the W-2 agency may contact the petitioner to discuss the disputed issue and offer a resolution. If the petitioner does not agree with the agency’s proposed resolution, the Fact Finding Review must be held.
If the petitioner agrees to the agency’s proposed resolution, the agency
must complete the Fact Finding Review Voluntary
Withdrawal form (11155) which must be signed by the petitioner. The
documented resolution must include any actions agreed upon by both the
petitioner and the W-2 agency. If either party fails to take the
action(s) by the agreed upon due date, then the form is void and a Fact
Finding Review must be scheduled within 8 working days to address the
petitioner’s complaint.
This
page last updated in Release # 11-04
Release Date: 09/01/11
Effective Date: 09/01/11