1. (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. If the written request is made before the case is received by SOAH or after a proposal for decision is received from SOAH, the request should be sent to the TWCC Chief Clerk. Otherwise, the request should be submitted to SOAH in accordance with its procedural rules in Title 1 Chapter 155 (relating to Rules Of Procedures).
2. (b) Notwithstanding the provisions of subsection (a) of this section, a findings and decision of the commission's medical review division in a review of a medical service or medical fee under the Act, §413.031, or receipt of an IRO decision from the medical review division on a review of a medical service or a medical fee under the Act, §413.031, except with respect to a prospective necessity dispute regarding spinal surgery in which case the withdrawal of request shall be filed in accordance with §133.308 of this title (relating to Medical Dispute Resolution by Independent Review Organization), may be withdrawn by the commission within fifteen working days after the commission receives the request for hearing before SOAH if the request has not yet been delivered to SOAH.

Source Note:The provisions of this §148.8 adopted to be effective June 9, 2005, 30 TexReg 3237.