49 CFR 1503.623 - Withdrawal of complaint or request for hearing.

Regulations last checked for updates: Nov 22, 2024

Title 49 - Transportation last revised: Nov 18, 2024

View all text of Subpart G [§ 1503.601 - § 1503.661]

§ 1503.623 - Withdrawal of complaint or request for hearing.

At any time before or during a hearing, an agency attorney may withdraw a complaint or a respondent may withdraw a request for a hearing without the consent of the ALJ. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the ALJ must dismiss the proceedings under this subpart with prejudice, unless the withdrawing party shows good cause for dismissal without prejudice, except that a party may withdraw a request for hearing without prejudice at any time before a complaint has been filed.

authority: : 6 U.S.C. 1142; 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 114,20109,31105,40113,40119,44901,44939,46101,46109,46301,46305,46311,46313; Pub. L. 110-53 (121 Stat. 266, Aug. 3, 2007) secs. 1408 (6 U.S.C. 1137), 1501 (6 U.S.C. 1151), 1517 (6 U.S.C. 1167), and 1534 (6 U.S.C. 1184)

source: 74 FR 36039, July 21, 2009, unless otherwise noted.

cite as: 49 CFR 1503.623