NDAC 75-01-03-18
Withdrawal or abandonment
Cite as N.D. Admin. Code ยง 75-01-03-18
1.
An appeal may not be dismissed without hearing unless:
a.
The claimant withdraws or abandons the appeal; or
b.
The department reverses the decision appealed without a hearing.
2.
A withdrawal occurs when the hearing officer is notified by the claimant that the claimant no
longer wishes to have a hearing.
3.
An abandonment occurs when:
a.
The claimant or the claimant's authorized representative fails to appear at the hearing
without good cause; or
b.
The claimant cannot be located through the claimant's last address of record, or through
the claimant's authorized representative, and such inability to locate the claimant
precludes the scheduling of a hearing.