Any party who made and filed with the Commission a request for a hearing to contest an administrative action of the Agency in accordance with Rule 460-x-26-.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 460-x-26-.24.Any party who made and filed with the Commission a request for a hearing to contest an administrative action of the Agency in accordance with Rule 460-x-26-.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 460-x-26-.24.The parties to any hearing to contest an administrative action of the Agency may at any time after the filing of the request for a hearing to contest an administrative action of the Agency file with the Commission a proposed consent order modifying, approving, or disapproving the administrative action of the Agency 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 460-x-26-.24.Motion to Dismiss.Upon motion of the Agency, the Commission may dismiss an action for failure of the petitioner to comply with any of the following:The time requirements for filing a request for hearing set forth at Rule 460-x-26-.04;The pleading requirements of Rule 460-x-26-.04;An order of the Commission or Hearing Officer; or,A requirement to appear and proceed at a pre-hearing conference or at the hearing.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: Stacey Mills
Statutory Authority: Code of Ala. 1975, §41-9-241, §41-9-249.
History: New Rule: Published January 30, 2026; effective March 16, 2026.