1. (a) A claimant may withdraw a claim upon request any time prior to the Attorney General's submission of a response letter.

2. (b) The hearing officer may, in their discretion, deem a claim withdrawn in any of the following circumstances:

   1. (1) The hearing officer lacks valid contact information for the claimant and more than ninety (90) days have passed since the claimant's last communication with the Board.
   2. (2) The claimant abandons the claim by failing to respond to a request by the hearing officer and more than ninety (90) days have passed since that request was made.

3. (c) A claim shall not be withdrawn if any of the following circumstances apply:

   1. (1) The Attorney General submitted a response letter, unless the parties expressly agree to the withdrawal.
   2. (2) A hearing before a hearing officer has been scheduled, unless the parties expressly agree to the withdrawal.
   3. (3) The administrative record closed.
4. (d) Prior to deeming a claim withdrawn, the hearing officer shall send notice to the parties at their last known address of the proposed withdrawal and allow thirty (30) days for a response. If a response is not received by the hearing officer within thirty (30) days from the date on the notice, the claim will be deemed to be withdrawn.
5. (e) A claimant, whose claim was withdrawn, is not barred as a result of that withdrawal from presenting a new claim. The timing of the new claim must satisfy the statutory deadline and shall not relate back to the date of submission of the withdrawn claim.

Note: Authority cited: Section 13920, Government Code; and Section 4906, Penal Code. Reference: Sections 4900, 4901, 4902, 4903 and 4904, Penal Code.

History

1. New section filed 4-29-2025; operative 7-1-2025 (Register 2025, No. 18).