The hearing examiner may dismiss a proceeding without a hearing, with or without prejudice, for any of the following reasons:
- (1) failure to comply in a timely manner with any requirement of this chapter or to respond to any directive of the hearing examiner with regard to the matter in issue;
- (2) unnecessary duplication of proceedings or res judicata;
- (3) withdrawal of petition or upon submission of a motion to retract;
- (4) moot questions or obsolete petitions;
- (5) lack of agency jurisdiction; or
- (6) withdrawal of a preliminary report.
Source Note:The provisions of this §17.16 adopted to be effective April 22, 1992, 17 TexReg 2472.