Utah Admin. Code R986-100-133 - Canceling an Appeal and Hearing
(1) A person who has filed an appeal and
requested a fair hearing may withdraw the request either orally or in writing
by contacting the Division of Adjudication. The request to withdraw will be
granted unless granting the request would impair the due process rights of
another interested person. If the request to withdraw is granted, the
Department shall issue a written decision dismissing the request. The granting
of a withdrawal has the effect of upholding the initial Department decision.
(2) A person may reinstate a
previously withdrawn appeal by making a request (either orally or in writing)
to the Division of Adjudication that the appeal be reinstated. A request to
reinstate must be made within ten days of the date the person receives the
withdrawal decision. For purposes of this section, the withdrawal decision is
considered to have been received three days after the mailing date on the
decision letter. If the request to reinstate is made after the expiration of
the ten-day time limit, the person must show good cause (as defined in
R986-100-131) for not making the
request within ten days.
Notes
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