Wis. Admin. Code Department of Workforce Development DWD 140.05 - Withdrawal of appeal and retraction

(1) An appellant may withdraw an appeal at any time before the issuance of a decision on the merits by notifying the hearing office or by choosing not to continue to participate in a hearing. The appeal tribunal shall issue a withdrawal decision after determining that an appeal has been withdrawn.

(2) An appellant may submit a request to retract its withdrawal and reinstate an appeal. The retraction request shall be in writing and state the reason for the request. The appeal tribunal may not grant a request to retract a withdrawal unless the request establishes good cause for the retraction and is received within 21 days after the withdrawal decision was electronically delivered or mailed to the appellant.

(3) If the hearing office receives a retraction request before the issuance of a withdrawal decision and the request establishes good cause for the retraction, the appeal tribunal shall acknowledge the request in writing to the appellant. If a timely retraction request is received by the hearing office after issuance of the withdrawal decision and the request establishes good cause for the retraction, the appeal tribunal shall issue a decision setting aside the withdrawal decision and the hearing office shall schedule another hearing.

(4) If the hearing office receives a retraction request before or after the issuance of a withdrawal decision and the request does not establish good cause for the retraction, the appeal tribunal shall deny the request in writing to the appellant.

Notes

Wis. Admin. Code Department of Workforce Development DWD 140.05

Cr. Register, November, 1985, No. 359, eff. 12-1-85; am. (1) to (3), cr. (4), Register, June, 1997, No. 498, eff. 7-1-97. Amended by, CR 18-033: am. (1) to (4) Register May 2019 No. 761, eff. 6/1/2019