7 CFR § 273.15(j)(1)(i)-(iv)


Hearing requests are denied or dismissed when the EDG/authorized representative: 

  • Fails to timely request a hearing.
  • Fails to appear for the hearing, without good cause.  A notice is sent to the EDG/authorized representative regarding missing the hearing.  The Office of Legal Counsel, Regulations and Administrative Hearings (OLCRAH) determines if the EDG/authorized representative had good cause, and whether another hearing will be scheduled. 
  • Withdraws the hearing request in writing.
  • The EDG disputes a Federal rule/regulation or mass change.

Exception:  A fair hearing is only allowed for disputed Federal rule/regulation changes or mass changes when the EDG believes their benefits were:

    • computed incorrectly, or
    • the rules/regulations were misapplied/misinterpreted.


Obtain a written withdrawal of the hearing request if the EDG/authorized representative does not wish to have the fair hearing.  Send the withdrawal to the OLCRAH.  


OLCRAH will send the EDG/authorized representative notice acknowledging the withdrawal.  This notice confirms the withdrawal request and provides the EDG the chance to reinstate their hearing request.  


The EDG has 10 days from receipt of the notice to request to reinstate the hearing.  Conference call individual’s verbal withdrawals to OLCRAH, who will follow up with a withdrawal notice.