S.C. Code Regs. 67-609 - Withdrawing a Request for Hearing
A. A claimant may withdraw a Form 50 or Form
52 once as a matter of right with leave to renew.
(1) A Form 50 or Form 52 may be withdrawn by
writing the Commission's Judicial Department, if a hearing notice has not been
issued, or, the Commissioner's office identified on the hearing
notice.
(2) When a Form 50 or Form
52 is withdrawn, a notice removing the case from the docket will be filed in
the Commission's record and a copy sent electronically or mailed to the parties
in R.67-210.
B. The
notice is without prejudice to the claimant's right to proceed with his or her
claim.
(1) If the nature of the claim and the
relief requested does not change, write the Judicial Department requesting the
Form 50 or Form 52 be reset for hearing.
(2) If the nature of the claim or relief
requested changes, file according to R.67-207,
a new Form 50 or Form 52 with the word "Amended" printed or typed boldly on the
top of the form.
C.
Withdrawing a Form 50 or Form 52 the second time without good cause may operate
as a voluntary dismissal of the claim when the form is withdrawn by a claimant
who has once withdrawn a Form 50 or Form 52 based on the same set of facts,
and, in the opinion of the Commissioner, the form is withdrawn merely for the
purpose of delay.
D. Withdrawing a
Form 15 request for hearing waives the sixty day hearing requirement. If the
jurisdictional commissioner is unable to reschedule the case, the file will be
returned to the Judicial Department to be reassigned.
Notes
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