Utah Admin. Code R982-111-402 - Withdrawal of Request for Reconsideration
(1) A party who has filed a reconsideration
request may withdraw the request.
(2) The executive director may deny a request
to withdraw if withdrawal jeopardizes the due process rights of any
party.
(3) The executive director
shall issue a written order granting or denying a request to
withdraw.
(4) If the executive
director grants a request to withdraw:
(a) the
executive director shall issue a final order dismissing the request for
reconsideration; and
(b) the ALJ
decision shall remain in effect.
(5) The decision under Subsection (4) shall
inform the parties of the right to reinstate the request for reconsideration
and the procedure for reinstating the request.
(6) A party may request to reinstate a
reconsideration request after the party's request to withdraw has been granted
under Subsection (4) by delivering a written request to the division.
(7) A party's request to reinstate a request
for reconsideration under Subsection (6) shall conform with the requirements of
Subsection R982-111-400(4).
In addition:
(a) the party shall explain the
reason for the request; and
(b) the
division must receive the party's request no later than ten days from the date
on the final order issued under Subsection (4).
(8) The division shall treat a party's
request to reinstate the party's request for reconsideration received by the
division more than ten days after the date on the final order issued under
Subsection (4) as an untimely appeal under Section
R982-111-302.
Notes
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