1. (a) The administrative law judge may consider motions for dismissal from the adjudicative hearing docket without a hearing and recommend dismissal with or without prejudice for any of the following reasons:

   1. (1) failure to prosecute a claim;
   2. (2) unnecessary duplication of proceedings or res judicata;
   3. (3) withdrawal or voluntary dismissal of appeal;
   4. (4) moot questions, obsolete petitions, or laches;
   5. (5) lack of jurisdiction; or
   6. (6) failure to comply with §43.104 of this chapter (relating to Request for Adjudicative Hearing) or other applicable sections.

2. (b) The administrative law judge shall dismiss from the adjudicative hearing docket and recommend dismissal by TRS of the appeal of a petitioner who has defaulted by:

   1. (1) failing to appear at the hearing; or
   2. (2) failing to request a hearing or take some other action specified by the administrative law judge within 30 days after notice is mailed of intention to dismiss the claim.
3. (c) For good cause, the executive director may permit reinstatement of a dismissed appeal.

Source Note:The provisions of this §43.224 adopted to be effective January 2, 2025, 49 TexReg 10651.