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KSTGeneral information, not legal advice
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When may the Administrative Appeals Committee dismiss a petition outright, without first demanding that the petitioner correct it?

General information · Not legal advice

Material to check

In a practice file we read the petition as filed, to see what content is written in it and whether the claim can still be identified from it, and any correction demand the Committee has already sent, since the provision governs dismissal without that demand.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading reads the provision as a set of conditions the Committee must find together: the petition contains content that defames or insults another person or the like, so that the claim cannot be identified, and the Committee finds that this defect cannot be corrected; only then may it dismiss the petition without a correction demand under the correction provision.

Another reading stresses the permissive form, so even where all those conditions are found the Committee 'may' dismiss rather than must, and the provision says nothing about what remedy a petitioner has, or what record must show the finding that the defect cannot be corrected.

Your judgment

If the petition still shows the challenged action clearly, how could a file show that the insulting content alone makes the claim unidentifiable beyond correction?

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 the grounds or the finding required, or if a court decision sets out when content in a petition makes the claim unidentifiable or the defect uncorrectable.

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