When a decision is flawed, what the remedies depend on?

When a decision is flawed, what the remedies depend on?

• A. The type of error made by the decision maker.
• B. The color of the decision maker's tie.
• C. The department's budget.
• D. The applicant's age.

Answer: (A)

Remedies for a flawed decision depend on the type of error made by the decision maker. The way to fix a flawed decision changes depending on whether the problem was procedural (for example, due process wasn't followed), a misapplication of law, or an error of fact. Each type points to a different remedy—procedural errors often require quashing the decision and ordering a new hearing or review, legal errors may lead to setting aside or remaking the decision, and factual errors typically require reconsideration with correct evidence. Irrelevant factors, such as the decision maker’s tie color, the department’s budget, or the applicant’s age, do not determine the remedy.

Remedies for a flawed decision depend on the type of error made by the decision maker. The way to fix a flawed decision changes depending on whether the problem was procedural (for example, due process wasn't followed), a misapplication of law, or an error of fact. Each type points to a different remedy—procedural errors often require quashing the decision and ordering a new hearing or review, legal errors may lead to setting aside or remaking the decision, and factual errors typically require reconsideration with correct evidence. Irrelevant factors, such as the decision maker’s tie color, the department’s budget, or the applicant’s age, do not determine the remedy.