The individual may allege that the individual's rights were prejudiced due to misinformation
received. Such allegations must be substantiated.
The Government employee or agent identified as having given the misinformation should
report the employee's recollection of the event. If the employee cannot recall the
interview or discussion, the employee should nevertheless report on the probability
that the employee gave the misinformation or misadvice that the individual claims
If the Government employee or agent cannot be identified for any reason, a statement
should be made by the supervisor or other person in authority as to the likelihood
of such an error. NOTE: This statement may be based on the supervisor's observations of the type of errors
known to have been committed in the FO, the fact that there was a preponderance of
trainees who could have interviewed the beneficiary when the alleged error occurred,
In cases involving alleged misinformation from a TSC, FO management should assess
the likelihood that misinformation was given.
In cases involving alleged misinformation from WSU, WSU management should assess the
likelihood that misinformation was given