Withdrawals; dismissals

(Statutory reference: 31-242) (a) The appealing party may request withdrawal of his appeal to the Referee and upon receipt of such a request the Referee shall issue a decision dismissing such appeal pursuant to the request provided (1) the request is in writing, (2) the request is voluntary and signed by the appealing party or the attorney or authorized agent for such party, (3) the request is received by the Appeals Division office involved prior to the Referee's issuing a decision on such appeal, and (4) prior to issuing a dismissal decision pursuant to such request the Referee may make inquiry, at hearing or otherwise, to determine if such request was voluntarily made with knowledge of the consequences involved. A withdrawal request received by the referee after the issuance of the decision on the appeal may be treated by the referee as a motion to reopen his decision. (b) A dismissal decision issued pursuant to a withdrawal request shall be issued in accordance with Sections 31-237g-13 and 31-237g-34 (c) of these regulations and shall include a reference to the withdrawal request granted, but need not otherwise comply with Section 31-237g-33 (b) of these regulations. Such a dismissal decision shall become final in accordance with Section 31-237g-34 (a) of these regulations. If a withdrawal request is not granted by the Referee, the Referee shall continue with the normal adjudication of the appeal but shall, in the Referee's subsequent decision on the appeal, state the reason for the Referee's refusal to grant such withdrawal request.