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