This memorandum provides Office of Administrative Hearings (OAH) guidelines to assist Administrative Law Judges (ALJs) to assist in their deliberative process, to promote statewide consistency and to provide direction for the use of the Decision Outcome, "Correct When Made."
Deputy General Counsel for Administrative Hearings Russell J. Hanks instructs ALJs, at p. 1, that
"Where the decision to direct relief (either specific relief or a remand) turns on evidence not available to the agency at the time of the original determination, 'Correct When Made' may apply, rather than an outright reversal or affirmance. While this outline addresses the most common circumstances to use 'Correct When Made,' it is not intended to be all-inclusive.
"In cases where 'Correct When Made' is the appropriate outcome, the basis for this determination should be addressed in the Discussion section of your recommended decision. In addition, the Decision and Order section should indicate that the Agency's determination was 'correct when made.' The decision should then contain the directives that would have been applicable if the Agency were being reversed. It should also include the form paragraph advising the appellant of the need to cooperate where the decision (or the agency) indicates the need for additional information from the appellant.
"If you are drafting a decision using the scripting process and the script asks for a choice between 'Affirm' and 'Reverse', you should choose 'Reverse,' so that the appropriate directives are inserted into the decision. The document should then be edited to reflect that the decision was 'correct when made.'
"The Decision and Order should conform to the following example:
"Decision and Order:
"The Agency's determination was correct when made. However,
"(Use Directives for Reversals or Remands)"
This memo also includes, at pp. 2-3, an "OUTLINE for 'Correct When Made'" Fair Hearing Decisions where the issue involves:
• "FAILURE TO PROVIDE ELIGIBILITY DOCUMENTATION," and
• "EMPLOYMENT SANCTION"
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