Legal Aspects – Table of Contents

0130.020.70.25.05 Determining Validity of Action

When preparing for the hearing, the FSD witness:

  • Determines the validity of the action based on policy; information in the record or provided by collaterals; and additional information provided by the EU, if any.
  • Requests additional information from the EU if needed to determine the validity of the action or to correct the case.
  • Rescinds from the hearing and notifies the AHU immediately, if the action was not valid, the decision was incorrect, or the case record does not substantiate the action taken. See Section 0130.020.70.10 FSD Rescinds the Action .

The FSD witness may continue to work with an EU to resolve the issue prior to the hearing.  If the issue is resolved, the EU can withdraw the hearing request any time prior to the start of the official hearing.  The EU must have the action explained to them and decide it is in the EU’s best interest to withdraw their request for a hearing. See Section 0130.020.70.15 EU Withdraws Hearing Request .