§ 405.380Dismissal of a request for a hearing before an administrative law judge.
An administrative law judge may dismiss a request for a hearing:
(a) At any time before notice of the hearing decision is mailed, when you withdraw the request orally on the record at the hearing or in writing;
(1) If neither you nor the person you designate to act as your representative appears at the hearing or at the prehearing conference, we previously notified you that your request for hearing may be dismissed if you did not appear, and you do not give a good reason for failing to appear; or
(2) If neither you nor the person you designate to act as your representative appears at the hearing or at the prehearing conference, we had not previously notified you that your request for hearing may be dismissed if you did not appear, and within 10 days after we send you a notice asking why you did not appear, you do not give a good reason for failing to appear.
(3) In determining whether you had a good reason under this paragraph, we will consider the factors described in § 405.20(a) of this part;
(c) If the doctrine of res judicata applies because we have made a previous determination or decision on your disability claim on the same facts and on the same issue or issues, and this previous determination or decision has become final;
(d) If you have no right to a hearing under § 405.305;
(e) If you did not request a hearing in time and we have not extended the time for requesting a hearing; or
(f) If you die and your estate or any person to whom an underpayment may be distributed under §§ 404.503 or 416.542 of this chapter has not pursued your claim.
Title 20 published on 2014-04-01
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