12.2.9  Fact Finding Decision

12.2.9.1 Mailing the Fact Finding Decision Notice

12.2.9.2 Withdrawn or Abandoned Fact Finding Requests

The Fact Finder must issue a decision within five working days after the Review date, unless the Fact Finder has granted the Petitioner a request to submit additional evidence.  In these cases, the Fact Finder may extend the decision date as appropriate.

The Fact Finder must weigh all factors when making the final decision and must document the final decision on the Fact Finding Review Summary and Decision form (10784), or its equivalent.

 

12.2.9.1 Mailing the Fact Finding Decision Notice

On the same day the Fact Finder reaches a final decision, the Fact Finder must:

1.             Mail a copy of the decision by first-class mail to the last known address of the petitioner; and

2.             Ensure that the date of the final decision is the same as the mailing date, taking into consideration postal holidays.

The decision notice must:

1.             Include the final decision as well as the appropriate remedy;

2.             Cite the source of the decision; and

3.             Provide information regarding the individual’s right to appeal the Fact Finding decision by requesting a Departmental Review.

 

12.2.9.2 Withdrawn or Abandoned Fact Finding Requests

The Fact Finder must deny a request for a Fact Finding Review or refuse to grant relief if the petitioner does any of the following:

1.             Withdraws the request in writing; or

2.             Abandons the request.

Abandonment occurs if neither the petitioner nor their representative appear at the scheduled Review without good cause. (See 11.3.1 for more information on good cause.) The petitioner has seven working days from the date of the scheduled Fact Finding Review appointment to provide good cause.

 

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