Withdrawals; dismissal

(a) The appealing party may request withdrawal of his appeal to the Board and the Board may issue a decision dismissing such appeal pursuant to such withdrawal 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 Board prior to the Board's issuing a decision on such appeal, (4) the Board does not find the decision appealed from to be clearly inconsistent with the law or precedent, and (5) prior to issuing a dismissal decision pursuant to such request, the Board may make inquiry, at hearing or otherwise, to determine if such request was voluntarily made with knowledge of the consequences. A withdrawal request received by the board after the issuance of a decision on the appeal may be treated by the board as a motion to reopen its decision. (b) A dismissal decision issued pursuant to a withdrawal request shall be issued in accordance with Section 31-237g-13 of these regulations and shall include a reference to the withdrawal request approved and the authority for such approval but need not otherwise comply with Section 31-237g-48 (b) of these regulations. Such dismissal decision shall become final in accordance with Section 31-237g-49 (a) of these regulations. If a withdrawal request is not approved by the Board, the Board shall continue with the normal adjudication of the appeal but shall, in the Board's subsequent decision on such appeal, state the reasons for the Board's refusal to approve such withdrawal request.