- (a) The petitioner may, at any time before the decision and order is signed, submit a written request to withdraw the request for a hearing. Unless good cause is demonstrated by the petitioner, subsequent requests for a hearing on the same issues will not be considered and the contested action will be final and effective as specified in the notice letter to the petitioner.
- (b) Notwithstanding the provisions of subsection (a) of this section, if a decision of the commission's medical review division in a review of a medical service or medical fee under the Act, §413.031, has been set for a contested case hearing before SOAH and if the decision of the division is withdrawn or an amended decision is issued by the division within ten working days after the commission received the request for hearing before SOAH, then the commission shall file a request to withdraw the case from the SOAH docket. SOAH shall then issue an order dismissing the case without prejudice from the SOAH docket.
Source Note:The provisions of this §148.8 adopted to be effective December 4, 1995, 20 TexReg 9706.