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If an individual or the W-2 agency disagrees with the final Fact Finding decision, they may appeal the decision by requesting a Departmental review with one exception. The one exception is that a W-2 agency may not appeal a Fact Finding decision related to EA, but the individual may.
The DOA, DHA will complete the Departmental review. This review is a limited review of the record and the decision of the Fact Finder.
The petition for a Departmental review of a W-2 decision including a JAL decision must be received by the DHA within 21 calendar days after the date on which the certified copy of the Fact Finding decision is mailed (the same date as the Fact Finding decision).
The petition for a Departmental review of an EA decision must be received by the DHA within 14 calendar days after the date on which the certified copy of the W-2 Fact Finding decision is mailed (the same date as the Fact Finding decision).
DHA shall date stamp requests for a Departmental review. DHA will promptly notify the W-2 agency of receipt of a request for a Departmental review. DHA will fully review the W-2 agency’s Fact Finding decision by completing a desk review. The W-2 agency must submit the Fact Finding file to DHA within five work days after receipt of the request.
If after reviewing the Fact Finding file, DHA determines that the file is inadequate, DHA may do any of the following:
Remand the file to the W-2 agency to provide additional information;
Hold a teleconference interview with the petitioner and W-2 agency representative; or
Request written supplementation from the petitioner
or W-2 representative.
DHA may grant a postponement of a telephone conference if the petitioner is not available due to a good cause reason. DHA may grant an extension of the decision.
The Department shall deny a petition or shall refuse to grant relief if the applicant or participant withdraws the petition for a Fact Finding review in writing.
DHA must complete its review within 10 work days of the receipt of the Fact Finding file, unless DHA determines the file is inadequate.
This page last updated
in Release # 09-01
Release Date: 04/06/09
Effective Date: 04/06/09