Section 2 AAC 64.230 - Voluntary dismissal(a) At any time before the issuance of a proposed decision, a party who requested an administrative hearing may, without the consent of the other parties, voluntarily dismiss the case by providing written notice, or oral notice on the record during a prehearing conference or hearing, of the dismissal. Voluntary dismissal by the party under this section does not prohibit the agency or another party from exercising a right that may be available under law, including a right to a default hearing, to impose a penalty, or to enforce an agency order, if applicable.(b) After a proposed decision has been issued, a party who requested the administrative hearing may voluntarily dismiss a case only with the consent of the other parties and the final decision-maker.(c) An agency party may, by motion, request dismissal of an administrative hearing. The administrative law judge may grant the motion if, within the time allowed under 2 AAC 64.270 for a response, the party who requested the hearing consents in writing or orally on the record or fails to oppose dismissal.Eff. 7/2/2006, Register 178Authority:AS 44.64.020
AS 44.64.040
AS 44.64.060