(1) Any person who has filed a complaint with the department or any person on whose behalf a complaint has been filed may make a request in writing that the complaint be withdrawn. This request may be made at any time during the administrative process. Upon approval by the department, withdrawal of a complaint completes the administrative process.

(2) If the withdrawal is based on a private settlement agreement, a copy of the agreement must accompany the request.

Private settlement agreements submitted as the basis for withdrawal are subject to the provisions of ARM 24.8.301 until completion of the administrative process.

(3) The department shall dismiss the complaint upon receipt of a written request for withdrawal of a complaint and approval of that request, except for those parts which the commissioner may initiate as a commissioner complaint.