Current through Bulletin 2024-24, December 15, 2024
Section R982-111-318 - Withdrawal of Appeal(1) An applicant may request to withdraw an appeal.(2) The applicant must explain the reason for the request to withdraw.(3) The ALJ may deny a request if withdrawal of the appeal would jeopardize the due process rights of any interested person.(4) If the ALJ grants a request to withdraw: (a) the ALJ shall issue a written decision dismissing the appeal; and(b) the department determination shall remain in effect.(5) A decision under Subsection (4) shall inform the parties of the right to reinstate the appeal and the procedure for reinstating the appeal.(6) An applicant may request to reinstate an appeal after the applicant's request to withdraw has been granted under Subsection (4) by delivering a written request to the division.(7) An applicant's request to reinstate an appeal under Subsection (6) shall conform with the requirements of Subsection R982-111-300(2). In addition: (a) the applicant shall explain the reason for the request; and(b) the division must receive the applicant's request no later than ten days from the date on the decision issued under Subsection (4).(8) The division shall treat an applicant's request to reinstate the applicant's appeal received by the division more than ten days after the date on the decision issued under Subsection (4) as an untimely appeal under Section R982-111-302.Utah Admin. Code R982-111-318
Adopted by Utah State Bulletin Number 2024-02, effective 1/2/2024