67:17:02:13.  Dismissal. The hearing examiner may dismiss an appeal under any of the following circumstances:

          (1)  Except for appeals involving medical assistance, the appellant indicates in writing or verbally that the appellant wishes to withdraw the appeal;

          (2)  For appeals involving medical assistance, the appellant has submitted to the department a written request to withdraw the appeal;

          (3)  The appellant and the department resolve the case before the hearing examiner enters a final decision;

          (4)  The sole issue is one of state or federal law requiring automatic grant adjustments for classes of recipients; or

          (5)  The appellant is in default according to § 67:17:02:14.

          Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:13, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 23 SDR 122, effective February 6, 1997; 35 SDR 166, effective December 24, 2008.

          General Authority: SDCL 28-1-24.1.

          Law Implemented: SDCL 28-1-24.1.

          Cross-Reference: Informal resolution, § 67:17:02:16.