The individual may allege that his/her 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 his/her recollection of the event. If the employee cannot recall the interview
or discussion, he/she should nevertheless report on the probability that he/she gave
the misinformation or misadvice that the individual claims receiving.
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.