Section 41.83. Withdrawal of provider appeals

(a) A provider may withdraw or end its provider appeal prior to adjudication by one of the following:

(1) The provider notifies the Bureau in writing that it is withdrawing its provider appeal.

(2) The parties to a provider appeal sign a written stipulation of settlement in which the provider agrees to withdraw the provider appeal.

(b) When a provider appeal is withdrawn prior to adjudication, the withdrawal shall be with prejudice, except that the appeal may be reopened if, on motion of the provider, the Bureau finds that the withdrawal of the appeal was reasonable and not done for dilatory or vexatious purposes, that the program office will not be prejudiced by the reopening, and that good cause exists for permitting the appeal to be re-opened.

(c) Unless the written notice or stipulation of settlement provides otherwise, a withdrawal of a provider appeal under this section shall be effective on the date the written notice or stipulation of settlement is received by the Bureau.

(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.51 (relating to withdrawal of pleadings).