N.Y. Comp. Codes R. & Regs. tit. 9 § 9740.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 9740.4 - Withdrawal or abandonment of a request for hearing

(a) A request for a hearing is considered abandoned if neither the appellant nor his/her representative appears at the time and place agreed upon for the hearing or neither the appellant or his/her representative has contacted the department to reschedule the hearing.

(b) The department will consider a hearing request to be withdrawn only under the following circumstances:

(1) the department has received a written statement from the appellant or his/her representative stating that the request for a fair hearing is withdrawn; or

(2) the appellant or his/her representative has made a statement to the hearing officer withdrawing the request on the record at the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9740.4