1. (a) In response to a party's motion or after an ALJ notifies the parties of an intent to dispose of a case by summary disposition and allows time for responses, the ALJ may issue a proposal for decision resolving a contested case without an evidentiary hearing if the pleadings, affidavits, materials obtained by discovery, admissions, matters officially noticed, stipulations, or evidence of record shows there is no genuine issue as to any material fact and that the moving party is entitled to a decision in its favor as a matter of law.

2. (b) A contested case referred to SOAH, or a portion of the case, is subject to dismissal from SOAH's docket or a recommendation to the agency of dismissal for:

   1. (1) lack of jurisdiction over the matter by the agency;
   2. (2) lack of statute, rule, or contract authorizing SOAH to conduct the proceeding;
   3. (3) mootness of the case;
   4. (4) failure of the moving party to prosecute the case in accordance with requirements of statute, rule, or ALJ order;
   5. (5) failure to state a claim for which relief can be granted; or
   6. (6) unnecessary duplication of proceedings.
3. (c) If a moving party withdraws its entire claim or parties settle all matters in controversy, an ALJ may dismiss a matter from SOAH's docket by order with or without prejudice. The ALJ may order a withdrawn or settled matter severed before dismissal, if other related matters in the docket remain in controversy.

Source Note:The provisions of this §281.35 adopted to be effective December 30, 1998, 23 TexReg 13073.