Gilbert Vasquez - Page 11

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               On November 19, 2003,9 respondent’s counsel’s office sent              
          documents in petitioner’s case (copies of the petition and the              
          answer, with a note that the administrative file was available)             
          to the Appeals Office for consideration.10                                  
               On January 2, 2004, the Appeals Office sent a letter to                
          petitioner11 (1) advising him that his case had been received for           
          consideration in the Appeals Office, (2) explaining what the                
          Appeals Office does, (3) suggesting that petitioner “Contact the            
          ‘Person to Contact’ listed above with any questions about the               
          appeals process or how you can prepare for your hearing,” and (4)           
          showing Cynthia Ace (hereinafter sometimes referred to as Ace) as           
          the “Person to Contact”.                                                    
               The case was assigned to Ace on January 2, 2004.                       




               9 Respondent’s answer was filed on Nov. 20, 2003, when the             
          Court received it.  However, respondent had mailed the answer to            
          the Court, and had served it on petitioner, on Nov. 19, 2003, the           
          date of the referral to the Appeals Office.  See Rule 21(b)(1).             
          Moffatt’s records show that he received the answer on Nov. 19,              
          2003.                                                                       
               10 See Rev. Proc. 87-24, 1987-1 C.B. 720, for respondent’s             
          procedures, and the division of authority, as to the Appeals                
          Office and respondent’s counsel before this Court.  See also sec.           
          7452.                                                                       
               11 As we have found, Moffatt filed the petition, thereby               
          having entered his appearance for petitioner.  Rule 24(a)(2).               
          Respondent’s answer included Bowe’s certificate of service of the           
          answer on Moffatt.  Rule 21(b)(2).  The record does not include             
          an explanation of why the Appeals Office notified petitioner                
          directly and apparently did not notify Moffatt.                             




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