1. (1) Any party who made and filed with the Commission a request for a hearing to contest an administrative action of the Department in accordance with Rule 335-2-1-.04, may at any time before the commencement of a hearing withdraw the request by filing a notice thereof with the Commission and serving a copy upon the Hearing Officer and all parties in accordance with Rule 335-2-1-.24.
2. (2) Any party who made and filed with the Commission a request for a hearing to contest an administrative action of the Department in accordance with Rule 335-2-1-.04, may at any time after the commencement of a hearing file a motion for voluntary dismissal of the contest with the Commission. A copy of said notice shall be served upon all parties and the Hearing Officer in accordance with Rule 335-2-1-.24.
3. (3) The parties to any hearing to contest an administrative action of the Department may at any time after the filing of the request for a hearing to contest an administrative action of the Department file with the Commission a proposed consent order modifying, approving, or disapproving the administrative action of the Department with a joint motion that the Commission issue an order in accordance therewith. A copy of said consent order shall be served upon the Hearing Officer as provided by Rule 335-2-1-.24.

4. (4) Motion to Dismiss.

   1. (a) Upon motion of the Department, the Commission may dismiss an action for failure of the petitioner to comply with any of the following:

      1. 1. The time requirements for filing a request for hearing set forth at Rule 335-2-1-.04;
      2. 2. The pleading requirements of Rule 335-2-1-.04;
      3. 3. An order of the Commission or Hearing Officer; or,
      4. 4. A requirement to appear and proceed at a pre-hearing conference or at the hearing.
   2. (b) Before any action is taken on a motion to dismiss filed in accordance with this rule, all parties shall be given a reasonable opportunity to oppose such motion.

Author: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, §§22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.