Withdrawal or Dismissal of Fair Hearing Request 448-01-30-30

(Revised 3/1/12 ML #3304)

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An appeal may not be dismissed without hearing unless the:

 

1. The applicant or recipient withdraws the request in writing.

An applicant, recipient or authorized representative may withdraw a hearing request in writing at any time before a decision is made by the Department. If the withdrawal is not made in writing, the fair hearing process will proceed.

 

A withdrawal occurs when the administrative law judge or the appeals supervisor is notified in writing by the applicant, recipient or authorized representative that they no longer wish to appeal.

 

The written withdrawal must be submitted to the DHS Appeals Supervisor upon receipt. A dismissal will be signed by the Executive Director of the Department and sent to the applicant or recipient along with the certificate of mailing by regular mail with return service requested. A copy of the dismissal will also be sent to the eligibility worker.

 

If the Department determines that corrective action is required due to an error in processing prior to the fair hearing and the household conditionally withdraws their request for hearing based on the completion of the corrective action, the fair hearing will not be postponed or cancelled unless the applicant or recipient requests the hearing be postponed or cancelled in writing.

2. The applicant or recipient abandons the request.

An appeal is considered abandoned when:

• The fair hearing cannot be scheduled because the applicant, recipient or authorized representative cannot be located through their last address of record.

 

• The applicant, recipient or their authorized representative fails to appear at the hearing without good cause.

When the appeal is abandoned, a dismissal will be signed by the Executive Director of the Department of Human Services and sent to the applicant or recipient along with the certificate of mailing by regular mail with return service requested. A copy of the dismissal will also be sent to the eligibility worker.

3. Department of Human Services administratively reverses a decision prior to the fair hearing.

When the decision appealed is administratively reversed, a dismissal will be signed by the Executive Director of the Department of Human Services and sent to the applicant or recipient along with the certificate of service by regular mail with return service requested. A copy of the dismissal will also be sent to the eligibility worker.