North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-01 - General Administration
Chapter 75-01-03 - Appeals and Hearings
Section 75-01-03-18 - Withdrawal or abandonment

Current through Supplement No. 394, October, 2024

1. An appeal may not be dismissed without hearing unless:

a. The claimant withdraws or abandons the appeal; or

b. The department reverses the decision appealed without a hearing.

2. A withdrawal occurs when the hearing officer is notified by the claimant that the claimant no longer wishes to have a hearing.

3. An abandonment occurs when:

a. The claimant or the claimant's authorized representative fails to appear at the hearing without good cause; or

b. The claimant cannot be located through the claimant's last address of record, or through the claimant's authorized representative, and such inability to locate the claimant precludes the scheduling of a hearing.

General Authority: NDCC 28-32-02, 50-06-16

Law Implemented: NDCC 50-06-05.1

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