1. (a) Failure to prosecute.

   1. (1) A contested case may be dismissed in whole or in part for want of prosecution if the party seeking affirmative relief:

      1. (A) fails to appear for a hearing of which the party had notice; or
      2. (B) fails to prosecute the case in accordance with a requirement of statute, rule, or order of the judge.

   2. (2) The judge may dismiss the case by issuing a conditional order of dismissal that:

      1. (A) explains the party's failure to prosecute;
      2. (B) informs the party of an opportunity to contest the dismissal; and

      3. (C) states the order of dismissal will become final unless:

         1. (i) the party files a motion to retain the case on the docket not later than 15 days after the issuance of the order; and
         2. (ii) the motion to retain specifies the bases for the motion.
   3. (3) The judge may grant a motion to retain in the interests of justice or if the moving party shows good cause for the failure to prosecute.
   4. (4) In the absence of a timely motion to retain the case on the docket, the conditional order of dismissal shall become final on the sixteenth day after its issuance without further action by the judge.
   5. (5) Dismissal under this section removes the case from the SOAH docket without a decision on the merits.

2. (b) Other Dismissal Actions.

   1. (1) The judge may dismiss a case or a portion of the case from SOAH's docket for:

      1. (A) lack of jurisdiction over the matter by the referring agency;
      2. (B) lack of statute, rule, or contract authorizing SOAH to conduct the proceeding;
      3. (C) mootness of the case;
      4. (D) failure to state a claim for which relief can be granted;
      5. (E) unnecessary duplication of proceedings;
      6. (F) withdrawal of a claim by a moving party; or
      7. (G) full or partial settlement of a case.
   2. (2) The judge may issue an order in response to a party's motion or after the judge notifies the parties of an intent to dismiss a case and allows time for responses.

Source Note:The provisions of this §155.503 adopted to be effective November 26, 2008, 33 TexReg 9451; amended to be effective January 1, 2017, 41 TexReg 8593.