12.2.10  Fact Finding Remedies

W-2 agencies are bound by the Fact Finding decision for a particular case. W-2 agencies must comply with the Fact Finding decision within 10 calendar days after the decision date.

If a W-2 agency is unable to comply with a Fact Finding decision for any reason, the W-2 agency must contact the Petitioner and its Regional Administrator/Coordinator on or before the 10th calendar day after the decision date and explain why the decision cannot be carried out timely.

The following table outlines the required action based on the Fact Finding final decision.

If the final decision overturns the agency’s

The agency must
Denial of an applicant’s paid W-2 employment position

Place the individual in a paid employment position that is appropriate for the individual.

An individual is eligible for a payment for the employment position beginning on the date the individual begins participation in a paid placement. No retroactive cash payment for the period prior to participation shall be issued.
Denial of an ARP placement Place the individual in the ARP placement effective the date of the application or the date that all the ARP financial and nonfinancial requirements have been met, whichever was later, and issue a retroactive payment. (See Operations Memo 09-77)
Denial of a CMC placement Place the individual in the CMC placement effective the date of the baby’s birth or the date of the application, whichever was later, and issue a retroactive cash payment.
End date of a CMC placement Correct the end date and issue a retroactive payment.
Calculation, reduction, or termination of a W-2 payment Restore the W-2 payment to the appropriate level retroactive to the date on which the payment was incorrectly calculated, reduced, or terminated.
Denial of a Job Access Loan (JAL) due to an error in financial or nonfinancial eligibility determination Re-examine the JAL eligibility based on the new information.

 

 

 

 

History: Release 25-03; Release 21-01; Release 11-03.