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 or the party requesting the hearing:

      1. (A) fails to appear for any 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) Dismissal under this section removes the case from the SOAH docket without a decision on the merits.

   3. (3) The judge may issue 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 20 days after the order is signed; and
         2. (ii) the motion to retain specifies the bases for the motion.
   4. (4) The judge may grant a motion to retain if the moving party shows good cause for failure to prosecute.

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; or
      5. (E) unnecessary duplication of proceedings.
   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.

3. (c) Dismissal from SOAH's docket.

   1. (1) A judge may dismiss a matter from SOAH's docket with or without prejudice if a moving party withdraws its entire claim or the parties settle all matters in controversy.
   2. (2) A judge may order withdrawn or settled matters severed before dismissing them if other related matters in the docket remain in controversy.

Source Note:The provisions of this §155.503 adopted to be effective November 26, 2008, 33 TexReg 9451.