§ 1.35

19 Tex. Admin. Code § 1.35

Dismissal or Withdrawal of an Appeal

Effective Dec 5, 198914 TexReg 6127Source Note: The provisions of this §1.35 adopted to be effective December 5, 1989, 14 TexReg 6127.Texas Secretary of State

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(a) The hearing officer may, on the motion of a party, dismiss an appeal without a hearing for the following reasons: compromise; unnecessary duplication of proceedings; res judicata (a matter already decided by a court); withdrawal; mootness; untimely filing; lack of jurisdiction; or failure to prosecute.
(b) Petitioner may withdraw the appeal at any time prior to the board's decision.

Source Note:The provisions of this §1.35 adopted to be effective December 5, 1989, 14 TexReg 6127.