Section 646IAC5-10-7. Withdrawal of appeal

   (a) A party appealing an initial determination of a deputy, or a party appealing a decision of an administrative law judge, may withdraw the appeal by written request. For an appeal pending before an administrative law judge, the request shall be filed with the presiding administrative law judge. For an appeal pending before the review board, the request shall be filed with the chairperson of the review board. If the request is approved, the underlying determination, or decision, shall become final.

  (b) After an appeal has been withdrawn, the appealing party may file a request for reinstatement of the appeal within seven (7) days after the mailing date of the notice of withdrawal. For an appeal before an administrative law judge, the request shall be filed with the director of unemployment insurance appeals, or the director's designee. For an appeal pending before the review board, the request shall be filed with the chairperson of the review board. The request for reinstatement must show good cause for the reinstatement, and will be granted or denied at the discretion of the director of unemployment insurance appeals, or the director's designee, or the chairperson of the review board, depending upon the level of the appeal. No appeal shall be reinstated more than once after a withdrawal. (Department of Workforce Development; 646 IAC 5-10-7; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA)