Sec. 9740.4. Withdrawal or abandonment of a request for hearing

Latest version.

(a) A request for a hearing is considered abandoned if neither the appellant nor his/her representative appears at the time and place agreed upon for the hearing or neither the appellant or his/her representative has contacted the department to reschedule the hearing.
(b) The department will consider a hearing request to be withdrawn only under the following circumstances:
(1) the department has received a written statement from the appellant or his/her representative stating that the request for a fair hearing is withdrawn; or
(2) the appellant or his/her representative has made a statement to the hearing officer withdrawing the request on the record at the hearing.

                    
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