The governing body has yet to come to a decision however on whether the Chelsea manager should face further action after he was sent to the stands by Foy towards the end of the match at Aston Villa on Saturday.
Mourinho was strongly critical of Foy's performance following the 1-0 defeat, which also saw Willian and Ramires sent off, and suggested the official should not be appointed for future Chelsea games.
Press Association Sport's understands that Mourinho's post-match comments did not cross the line which would see the Chelsea boss land a misconduct charge.
Mourinho was careful not to question the integrity of Foy after the match, but he may still face action as the FA rule book says managers must not leave the confines of their technical area during the match.
He was sent to the stands after Ramires' red card for a studs-up challenge on Karim El Ahmadi.
Asked about the challenge on Monday, Mourinho said: "Don't you have other things to ask about that game more important than Ramires' tackle on minute 92?
"I don't want to answer, because I feel that what happened on minute 92 was a consequence of the other 92 minutes that we played before that.
"I'm sorry if I'm wrong or if you don't agree with me, but I think if you want to ask you should ask about what made that tackle happen."
After the match, he had said: "I tried to speak to Mr Foy twice. I tried to speak on the pitch, and I tried in the dressing rooms.
"In the dressing rooms I tried to ask politely, can you give me five seconds? And he refused."
Mourinho's dismissal was his second of the season - he was fined £8,000 by the FA following his touchline dismissal against Cardiff in October.