1. (a) An applicant may file a request to withdraw its application at any time before the proposal for decision is issued.
2. (b) If the request is to withdraw the application with prejudice, the judge shall remand the application and request to the executive director, who shall enter an order dismissing the application with prejudice.
3. (c) If the parties agree in writing to the withdrawal of the application without prejudice or if the request to withdraw is filed before parties are named, the judge shall remand the application and request to the executive director, who shall enter an order dismissing the application without prejudice, on the terms agreed to by the parties, or by the applicant, executive director, and public interest counsel if no parties have been named.
4. (d) If neither subsection (b) nor (c) of this section apply, the judge will forward the application, the request, and a recommendation on the request to the commission.

5. (e) An applicant is entitled to an order dismissing an application without prejudice if:

   1. (1) the parties, or the applicant, executive director, and public interest counsel if no parties have been named, agree in writing;
   2. (2) the applicant reimburses the other parties all expenses, not including attorneys fees, that the other parties have incurred in the permitting process for the subject application; or
   3. (3) the commission authorizes the dismissal of the application without prejudice.

Source Note:The provisions of this §80.25 adopted to be effective June 6, 1996, 21 TexReg 4763; amended to be effective May 15, 1997, 22 TexReg 4000.