12.3.1.1 Processing the Request

Upon receiving a request for a Departmental Review, DHA must:

Date-stamp the Departmental Review request upon receipt; and

Promptly notify the W-2 agency when the request is received.

The W-2 agency must submit the Fact Finding file to DHA Division of Hearings and Appeals within five working days after the DHA notification of receipt of the request.

DHA will fully review the W-2 agency’s Fact Finding decision by completing a desk review.

If, after reviewing the Fact Finding file, DHA determines that the file is inadequate, DHA may:

Return 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 agency representative.

If the petitioner is not available due to a good cause reason, DHA may grant an extension of the decision or a postponement of a phone conference.