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In response to petitioner’s request for an administrative
hearing, the Appeals officer assigned to petitioner’s case
contacted petitioner by telephone on June 11, 2001. During this
telephone conversation, the Appeals officer asked petitioner to
schedule a conference date for a face-to-face, in-person, or
telephone conference. Petitioner stated that he wanted his
congressional liaison present at the meeting and the Appeals
officer expressed doubt as to the liaison’s attending as that was
not the standard practice. The Appeals officer further explained
that typically petitioner and the Appeals officer were expected
to attempt to resolve the case. Upon resolution, the Appeals
officer would notify the congressional liaison of the resolution.
At this point, petitioner took the Appeals officer’s number and
stated he would call him at a later time.
On June 12, 2001, the Appeals officer received a call from
petitioner’s congressional liaison concerning petitioner’s case.
The Appeals officer then telephoned petitioner and left a
recorded message asking petitioner to call him to schedule an
appointment. No further communication occurred until August
2001.
On August 21, 2001, the Appeals officer again telephoned
petitioner and offered the date of September 3, 2001. Petitioner
noted that September 3 was the Labor Day holiday. The Appeals
officer then offered alternative dates of September 4 or 5.
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