If the revised determination would be partially favorable,
the issuing component will notify all parties to the hearing of
the proposed action and clearly explain that the agency will continue
to process the RH unless all parties agree to a dismissal of the
RH. If any party does not agree to a dismissal of the RH, the ALJ
must proceed with the actions necessary to complete the record and
issue a decision.
If all parties to the hearing, or an appointed representative,
if any, submit a written request to withdraw the RH in order to
effectuate the proposed action, the ALJ will issue an order dismissing
the RH. For more information about dismissal at a party's request,
see HALLEX HA 01240.020.
The regulations do not provide for
revised determinations that would be unfavorable. If the revised
determination would be unfavorable, the parties to the hearing will
be notified the agency will continue to process the RH.