---
kind: "section"
citation: "20 C.F.R. § 802.401"
title: "20"
number: "802.401"
heading: "Dismissal by application of party."
url: "https://uscodex.org/cfr/20/802.401"
---

# §802.401. Dismissal by application of party.

- (a) At any time prior to the issuance of a decision by the Board, the petitioner may move that the appeal be dismissed. If granted, such motion for dismissal shall be granted with prejudice to the petitioner.
- (b) At any time prior to the issuance of a decision by the Board, any party or representative may move that the appeal be dismissed.

## Notes

### Authority

Authority: 5 U.S.C. 301; 30 U.S.C. 901 et seq.; 33 U.S.C. 901 et seq.; Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary of Labor's Order 03-2006, 71 FR 4219, January 25, 2006.

### Source

Source: 52 FR 27292, July 20, 1987, unless otherwise noted.