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 Abandonment of Appeal Minimize

When appeal was dismissed for appellant’s failure to file a pre-hearing statement, he failed to present extraordinary circumstances to set aside dismissal where he stated he was ill but produced no medical letter, and stated he received show-cause order late, but failed to attach even a late pre-hearing statement.  In re Maestas, CSA 33-11, 1 (Order 8/9/11).

Motions to set aside final orders will be considered only upon a showing of extraordinary circumstances.  In re Maestas, CSA 33-11, 1 (Order 8/9/11).

An appeal that is withdrawn will be dismissed with prejudice. In re Long, CSA 78-07 (6/10/08).

Appellant abandoned his appeal when he failed to file a status report as ordered, failed to request a continuance or extension of time, and failed to keep the hearing office informed of his current contact information. In re Fernandez, CSA 17-08 (5/19/08).

Where appellant responded only to some of the issues raised in a show cause order, unaddressed issues are dismissed as abandoned. In re Kemp, CSA 07-08 (2/19/08).

Appeal was dismissed as abandoned when appellant failed to file a prehearing statement, request an extension of time to do so, or respond to a telephone message left by hearing office staff. In re Trujillo, CSA 23-06 (5/16/06).

Appeal was dismissed as abandoned when appellant failed to respond to show cause order or file a request for extension of time to do so. In re Ursone, CSA 12-06 (3/24/06).

Appeal was dismissed as abandoned when appellant failed to appear at the scheduled hearing. His  telephoned request for a continuance eight minutes before hearing was denied for lack of good cause, and as prejudicial to the agency. In re Mondragon, CSA 121-05 (1/19/06).


 
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OHR Employee Relations Unit
201 W. Colfax Ave., Dept 412
Denver, CO 80202

For general employee relations questions contact:
Peter.Garritt@denvergov.org
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