12.2.9  Fact Finding Decision

The Fact Finder must weigh all factors when making the final decision.  The Fact Finder must issue a decision within 5 working days after the Review date, unless the Fact Finder has granted the Petitioner An individual requesting a Fact Finding or Departmental review. a request to submit additional evidence.   In these cases, the Fact Finder may extend the decision date as appropriate.

The decision must be documented on the Fact Finding Review Summary and Decision (10784), or its equivalent.  On the same day the Fact Finder reaches a final decision, a copy of the decision must be mailed by 1st class mail to the last known address of the petitioner.  The Fact Finder must ensure that the date of the final decision is the same as the mailing date, taking into consideration postal holidays.  The notice must include the final decision as well as the appropriate remedy, citing the source of the decision, and provide information regarding the individual’s right to appeal the Fact Finding decision by requesting a Departmental Review.

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 his or her representative appear at the scheduled Review without good cause.  (See 11.3.1 for more information on good cause.)  The petitioner has 7 working days from the date of the scheduled Fact Finding Review appointment to provide good cause.

History: Release 11-03.