APA Section 50 — Revocation of unlawful orders

An unlawful order may be revoked in whole or part, with retroactive, non-retroactive or future effect; if it conferred a benefit, Sections 51 and 52 govern. For orders giving money, property or divisible benefits (Section 51), the recipient's good-faith reliance is weighed against the public interest, but good faith cannot be claimed where the recipient gave false statements, concealed facts, threatened or improperly induced, gave materially incorrect or incomplete information, or knew of the unlawfulness or was grossly negligent in not knowing. For other unlawful orders (Section 52), the order may be revoked, and the affected person may claim compensation for good-faith reliance, which must be requested within 180 days of notice of the revocation and cannot exceed the benefit the person would have received. Under Section 49, revoking a benefit-conferring order must generally be done within ninety days of learning of the ground, except where the order was obtained by false statements, concealment, threats or improper inducement.