(a) The board may change a finding of fact or conclusion
of law in a proposal for decision made by the administrative law judge
if the board determines:
(1) that the administrative law judge did not properly
apply or interpret applicable law, agency rules, written policies,
or prior administrative decisions;
(2) that a prior administrative decision on which the
administrative law judge relied is incorrect or should be changed;
or
(3) that a technical error in a finding of fact should
be changed.
(b) The board shall state in writing the specific reason
and legal basis for a change made under this section.
|