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In conducting the review , the reviewing official may , at his or her option , request such additional information as is deemed necessary to establish that the record contains only that information which is accurate , timely , complete and necessary to assure fairness in any determination which may be made about the individual on the basis of the record . They realized that it was a serious determination which may be made only for compelling reasons in the Government 's best interest . FOH argues that additional control equipment would address CO. SLC stresses the case-by-case determinations that must be made regarding LAER because of the nature of the cement industry and the variability in the process and available raw materials . Whether a fiduciary acts in accordance with its responsibilities under sections 404 ( a ) ( 1 ) ( A ) and ( B ) and 403 ( c ) of ERISA , and whether a particular loan satisfies the requirements of section 408 ( b ) ( 3 ) of ERISA , are inherently factual determinations that must be made by the appropriate plan fiduciary based on all relevant facts and circumstances . In the event any dispute arises as to what are the prevailing rates , the determination thereof shall be made by the Secretary of the Interior , and his decision , subject to the concurrence of the Secretary of Labor , shall be final . Should it be substantiated , it was further agreed that the inquiry would continue at a later date for the purpose of receiving evidence relating to the content of any determination that might be made under s. 103 of the Act. I should say a word about the representation of the parties . The plan provides that a disability determination " shall be made by the Plan Manager based on suitable medical evidence and a review of the Participant 's employment history that the Plan Manager deems satisfactory in its sole and absolute discretion . An element of this issue is to identify the required findings or determinations that must be made . We must emphasize at the outset that the answers to your questions depend on factual determinations that must be made on a case-by-case basis . These are determinations that must be made locally ; therefore , the States and Indian tribes are in the best position to make them on lands under their jurisdiction .