28.02.01.27

.27 Revision.

A. Final Decisions.

(1) A final decision may be revised only by the ALJ who rendered the decision.

(2) Except as set forth in §A(3) of this regulation:

(a) On a motion filed by a party, the ALJ may exercise revisory power and control over a final decision in the event of fraud, mistake, or irregularity; and

(b) Clerical mistakes in final decisions, orders, or other parts of the record may be corrected by the ALJ on the ALJ’s own initiative, or on a motion filed by a party.

(3) Judicial Review.

(a) The ALJ may revise a final decision under §A(2) of this regulation:

(i) At any time before the decision is docketed for judicial review; or

(ii) After a decision is docketed for judicial review, only with leave of the circuit or appellate court before which the action is pending.

(b) A request for revision does not automatically stay the action or toll the time for filing a request for judicial review.

B. Proposed Decisions. Proposed decisions may not be revised.