If the commission's written order to correct was performed only in part within the period, may the commission still dispose directly as to what remains?
General information · Not legal advice
Material to check
In a practice file we read the record of the administrative appeal and any finding that the respondent agency still has not made a disposition despite the requirement, the party's application asking the commission to act, the written order the commission issued setting a period for correction, and the papers showing whether and how far that order was performed within the period.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows each condition in turn: where the respondent agency has not made a disposition despite the requirement on reconsideration, and a party applies, the commission may set a period and order correction in writing, and if the order is not performed within the period the commission may dispose directly, unless the nature of the disposition or another unavoidable reason makes that impossible.
Another reading stresses that the power is written for a commission acting on a party's application, and that the provision leaves open what performance within the period counts as, what an unavoidable reason is, and how far the nature of the disposition bars the commission from acting itself.
Your judgment
Where the order was performed only in part, what in the file shows whether what remains may be disposed of directly or is barred by the nature of that disposition?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may apply or the exceptions to direct disposition, or if a court decision clarifies when the nature of a disposition or an unavoidable reason bars the commission from acting.