1-007.02A1 Voluntary Withdrawal Request for a Fair Hearing

475 NAC 1-007.02A1

The household may withdraw a fair hearing request, orally or in writing, any time before a determination (decision) of the fair hearing is made.

If the withdrawal request was made verbally, the Central Office must provide written notice to the household within ten days of the household’s request to withdraw, confirming the withdrawal request and providing the household an opportunity to request another hearing if desired. A household is allowed one reinstated fair hearing per appeal.

The written notice must advise:
1. That the household has ten days from the receipt of the withdrawal notice to advise the State agency of its desire to reinstate the fair hearing.
2. If the household requests the fair hearing be reinstated, a fair hearing must be provided within 60 days from the household's request.

Coercion or actions which would influence the household or its representative to withdraw the household’s fair hearing request are prohibited. A household’s request for a fair hearing must not be denied even if the household is a party to another action that differs from the reinstated action.

{9/4/2002}