Last Update: 9/28/05 (Transmittal I-2-67)
A claimant may change his or her mind after filing a request for hearing (RH) and withdraw the request. The request for withdrawal must be a signed, written request or an oral request made on the record at the hearing.
If the HO has the claim file (CF), immediately assign the case to an ALJ to consider whether the RH should be dismissed. (See I-2-4-20, Dismissal at the Claimant's Request.)
If the HO does not have the CF, the HO staff should obtain the CF before assigning the case to an ALJ. The CF is needed to determine whether there is any other party who may be adversely affected by dismissal of the RH. (See I-2-4-20 B., Another Claimant to the Hearing May be Adversely Affected by Dismissal of the RH.)
The dismissal of an RH is binding unless it is vacated by an ALJ or the Appeals Council. (See I-2-4 ff, Dismissals.)