Sec.31-237g-25. Withdrawals; dismissals

(Statutory reference: 31-242)

(a) The appealing party may request withdrawal of an appeal to the Referee and upon receipt of such a request the Referee shall issue a decision dismissing such appeal pursuant to the request provided (1) the request is in writing, (2) the request is voluntary and signed by the appealing party or the attorney or authorized agent for such party, (3) the request is received by the Appeals Division office involved prior to the Referee’s issuing a decision on such appeal, and (4) prior to issuing a dismissal decision pursuant to such request the Referee may make inquiry, at hearing or otherwise, to determine if such request was voluntarily made with knowledge of the consequences involved. A withdrawal request received by the referee after the issuance of the decision on the appeal may be treated by the referee as a motion to reopen the Referee’s decision, provided that if such motion is filed after the referee’s decision became final pursuant to Section 31-237g-34 of the Regulations of Connecticut State Agencies, the Referee shall dismiss such motion as untimely unless the party establishes good cause for the late filing pursuant to Section 31-237g-34(c) of the Regulations of Connecticut State Agencies.

(b) A dismissal decision issued pursuant to a withdrawal request shall be issued in accordance with Section 31-237g-13 of the Regulations of Connecticut State Agencies and shall include a reference to the withdrawal request granted, but need not otherwise comply with Section 31-237g-33 (b) of the Regulations of Connecticut State Agencies. Such a dismissal decision shall become final in accordance with Section 31-237g-34 (a) of the Regulations of Connecticut State Agencies. If a withdrawal request is not granted by the Referee, the Referee shall continue with the normal adjudication of the appeal but shall, in the Referee’s subsequent decision on the appeal, state the reason for the Referee’s refusal to grant such withdrawal request.

(c) Notwithstanding Section 31-237g-35(a) of the Regulations of Connecticut State Agencies, the Referee shall reopen a dismissal decision and reinstate a party’s withdrawn appeal, without requirement of finding good cause, if the appealing party files a motion to reopen prior to the decision becoming final pursuant to subsection (b) of this section.

(Effective June 23, 1986; Amended October 27, 1997; Amended June 3, 2021)