R21-2-16. Setting Aside Administrative Orders

(1) The office may set aside an administrative order for any of the following reasons: (a) a rule or policy was not followed when the order was taken; (b) the entity was not properly served with a notice of office action; (c) the entity was not given due process; or (d) the order has been replaced by a judicial order which covers the same time period. (2) the office shall notify the entity of its intent to set the order aside by serving the entity with a notice of office action. The notice shall be signed by the presiding officer at the level which issued the order. (3) If after serving the entity with a notice of office action, the presiding officer determines that the order shall be set aside, the office shall notify the entity.