Hearings Manual

0130.020.90.60 Decision and Order

The Decision and Order is based on the hearing record. It contains:

  • Introduction and appearances,
  • A statement of the issue involved,
  • The facts presented in the hearing and a summary of the evidence,
  • The conclusions or findings of fact,
  • Applicable law rule, regulation or manual reference, and
  • The order.

After the Decision and Order is signed, the AHU will mail a copy to the EU, their representative, and the FSD.  The FSD must follow a Decision and Order for a particular case. The hearing officer does not have the authority or the responsibility to establish program policy or procedure; the hearing decision applies only to the EU’s case. 

The AHU hearing record for a Decision and Order consists of:

  • Verbatim transcript or the hearings officer’s recording of testimony, or
  • An official report containing the substance of what transpired at the hearing, and
  • All papers, requests and exhibits filed in the proceeding.

These records are available for copying and inspection by the EU or any representative at any reasonable time. All hearing records and decisions are available for public inspection and copying, so long as the EU’s identity is safeguarded.