This transmittal explains the procedures to be followed whenever a withdrawal request for a home hearing (H3) is received.
Such requests must be referred to the Homebound Telephone Hearing Unit (HTH Unit).
• When an attorney representing a homebound appellant seeks to withdraw an H3 hearing, the HTH Unit will confirm the intention of the attorney to withdraw, enter UWTH in FHIS, and request confirmation of the withdrawal in writing.
• When a non-attorney representative or an appellant seeks to withdraw an H3 hearing, the withdrawal request must now be referred to the Varshavsky class attorney in the form of a new scripted letter (Scripted Letter J), which will be generated upon notification from either an appellant or a lay representative (non-attorney) that the appellant no longer needs the fair hearing and seeks to withdraw the hearing request.
The "Letter J" (a copy of which is attached to this transmittal) provides the attorney representing the Varshavsky class a 30-day period to communicate the effects of such a withdrawal to the appellant/lay representative and report back to the HTH Unit.
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