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The Tribunal granted the application, and the contested decision was rescinded and SLWP request remanded for the ASG/OHRM’s consideration within 30 days.

The Tribunal finds it noteworthy that in relation to functional delegation of authority, the person in whom authority is vested by virtue of his/her position/function has the power to delegate that authority. However, such delegation does not equate to the delegator definitively ridding himself/herself of the powers and authority that he or she delegates. Legally, a delegator continues to maintain the powers and authority that he or she has delegated, and such delegation is thus revocable at any time. Therefore, both parties’ arguments that the USG/OIOS could or should have “surrendered” her...