PDFWAC 170-03-0560

Correcting clerical errors in ALJ's decisions.

(1) A clerical error is a mistake that does not change the result or intent of the decision. Some examples of clerical error are:
(a) Missing or incorrect words or numbers;
(b) Dates inconsistent with the decision or evidence in the record such as using May 3, 1989, instead of May 3, 1998; or
(c) Math errors when adding the total of an overpayment.
(2) A party may ask for a corrected ALJ decision by making the request in writing and sending it to the OAH office that held the hearing. A copy of the request must be sent to the other parties or their representatives.
(3) A request to correct a clerical error must be made within ten days of the date the decision was mailed to the parties by OAH.
(4) When asking for a corrected decision, a party must clearly identify the clerical error.
(5) When a party requests a corrected initial or final order, the ALJ must either:
(a) Send all parties a corrected order; or
(b) Deny the request within three business days of receiving it.
(6) If the ALJ corrects an initial order and a party does not request review, the corrected initial order becomes final twenty-one calendar days after the original initial order was mailed.
(7) Requesting a corrected initial order for a case does not extend the deadline to request review of the initial order by the review judge.
[Statutory Authority: Chapter 43.215 RCW, RCW 34.05.220, chapter 34.05 RCW, 2006 c 265. WSR 08-06-102, § 170-03-0560, filed 3/5/08, effective 4/5/08.]