401. Where the board of appeal ascertains, on examining the notification of appeal and the decision appealed from that the authority in question failed to decide a question the law required it to settle, it may of its own motion, if the date for the hearing of the appeal has not been set, issue an order to return the case to that authority for decision.
The new decision may be appealed from to the board of appeal in the same manner and within the same time as if it were the initial decision.