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Article 1.5. Service of Documents and Duty to Notify Others of Appeal and Hearing
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(a) An appellant may withdraw an appeal by written notification at any time
before a decision is issued or by oral motion on the hearing record. The Appeals
Board shall grant such withdrawal by letter, order or decision served on the
parties.
(b) An appeal so dismissed shall be reinstated by the Appeals Board if the
appellant files a written motion with sufficient facts to show that the withdrawal
resulted from misinformation given by the Division or the Appeals Board, or
from fraud or coercion. A motion for reinstatement must be filed within 60 days
of service of the letter, order or decision or, in the event of fraud which
could not have been suspected or discovered with the exercise of reasonable
diligence, within 60 days of discovery of such fraud. The motion shall be accompanied
by a declaration containing a statement that any facts therein are based upon
the personal knowledge of the declarant.
NOTE: Authority cited: Section 148.7, Labor Code. Reference: Section 148.7,
Labor Code.
HISTORY
1. Amendment of subsection (a) filed 2-1-84; effective thirtieth day thereafter
(Register 84, No. 5).
2. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
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