20 CFR § 802.401 - Dismissal by application of party.

---
identifier: "/us/cfr/t20/s802.401"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 802.401 - Dismissal by application of party."
title_number: 20
title_name: "Employees' Benefits"
section_number: "802.401"
section_name: "Dismissal by application of party."
chapter_name: "BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR"
part_number: "802"
part_name: "RULES OF PRACTICE AND PROCEDURE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 30 U.S.C. 901  33 U.S.C. 901  Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary of Labor's Order 03-2006, 71 FR 4219, January 25, 2006."
regulatory_source: "52 FR 27292, July 20, 1987, unless otherwise noted."
cfr_part: "802"
---


# 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.