1. (a) The commissioner or his or her designee may, on his or her own motion or the motion of a party, dismiss an appeal without a hearing for the following reasons: compromise, unnecessary duplication of proceedings, res judicata, withdrawal, mootness, untimely filing, lack of jurisdiction, failure of a party requesting relief from the commissioner to set forth facts in the pleadings that would support a decision in that party's favor, failure to state a claim for which relief can be granted, or failure to prosecute.
2. (b) The petitioner may nonsuit the appeal at any time.

Source Note:The provisions of this §157.1056 adopted to be effective April 7, 1993, 18 TexReg 1928.