Title 075 · Title 75

Withdrawal or abandonment.

Citation: N.D. Admin. Code § 75-01-03-18

Section: 75-01-03-18

75-01-03-18. Withdrawal or abandonment. 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. History: Effective September 1, 1979; amended effective January 1, 1984; February 1, 1995; April 1, 2018; January 1, 2019. General Authority: NDCC 28-32-02, 50-06-16 Law Implemented: NDCC 50-06-05.1