§ 2.503 - May an appeal be dismissed without a decision on the merits?  


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  • § 2.503 May an appeal be dismissed without a decision on the merits?

    Yes, the reviewing official may dismiss an appeal without a decision on the merits when:

    (a) You are late in filing your appeal;

    (b) You lack standing because you do not meet the requirements of § 2.200 for bringing an appeal;

    (c) You have withdrawn the appeal;

    (d) You have failed to pay a required appeal bond;

    (e) The reviewing official lacks the authority to grant the requested relief;

    (f) If you are represented and your representative does not meet the standards established in 43 CFR part 1 related to eligibility to practice before the Department, and you have failed to substitute yourself or an eligible representative after being given an opportunity to do so; or

    (g) The reviewing official determines there are other circumstances that warrant a dismissal and explains those circumstances in the dismissal order.