(a) The Commission shall allow a claimant to withdraw a wage claim when:
- (1) the order has not become final; or
- (2) the order has become final but the parties agree on a settlement, part of which is the claimant's agreement to withdraw the wage claim.
- (b) A claimant withdrawing a wage claim must submit a form as prescribed by the Commission before the Commission levies funds to satisfy the order. Regardless of any settlement agreement entered into by the parties, after the Commission has collected funds to satisfy the order, the Commission shall disburse the collected funds in accordance with the final order of the Commission to the claimant unless otherwise ordered by a court.
- (c) The Commission shall apply the withdrawal of a wage claim to both administrative penalties and wages.
Source Note:The provisions of this §821.43 adopted to be effective June 1, 1998, 23 TexReg 5732.