Page 113
MS 0495 (1) Volume 1 - General Administration MS 0495 - R. 7/1/25 - OMTL-674 Denial/Dismissal of Hearing Request A. [The Office of Administrative Hearings (OAH) may dismiss a hearing request if:] 1. The request is untimely; 2. The issue relates to a determination by another agency; 3. There is no issue; or 4. The request is abandoned. B. [The individual may withdraw a request for a hearing verbally or in writing at any time prior to the release of the hearing officer's decision. If the individual wishes to withdraw the hearing request, complete a hearing request search through the Hearings module, locate the individual’s hearing request, and click the “Postponement/Withdrawal Request” button. Form PAFS-277, Hearing Withdrawal Confirmation Notice, will generate automatically to the individual. Print the system-generated notice and attach in the Hearings module as it is part of the official Hearings Record. In all instances in which the individual has a representative or attorney, the individual is advised to consult with the representative before requesting the withdrawal. If the original request was made by a representative, the worker personally assures the representative concurs in the withdrawal. If the representative does not concur with the withdrawal request, indicate this on the Notes screen when submitting the request to withdraw from the hearing. C. If the individual or representative fails to appear for a hearing and the reason is unknown, a notice is mailed by OAH. The notice advises the individual to contact the hearing officer, in writing or by telephone, within 10 days, if they wish to continue the hearing and can present good cause for failing to keep the appointment. If the individual replies but does not show good cause or fails to reply, the request is considered abandoned. If good cause is shown, the hearing is rescheduled.]