1. (a) Motions for dismissal without a hearing may be filed and ruled upon 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 or obsolete petitions;
   5. (5) lack of jurisdiction or the member has requested a refund of his retirement account; or
   6. (6) upon agreement of the parties.

2. (b) The examiner shall, and the board and executive director may, dismiss the appeal of any person who has filed written notice of the appeal but who defaulted by:

   1. (1) failing to personally appear at the hearing if the appellant is not represented by an attorney-at-law unless such appearance is waived by agreement of all the parties;
   2. (2) failing to personally appear at the hearing if the appellant is represented by an attorney-at-law unless the appellant gives notice at least ten (10) days prior to the date of the hearing that the appellant will not personally appear or unless such appearance is waived by agreement of all parties; or
   3. (3) failing to request a hearing or take some other action specified by the examiner within thirty (30) days after notice is mailed of intention to dismiss the claim.
3. (c) The board or executive director may dismiss an appeal for any of the reasons described in subsection (a) of this section. A dismissal of an appeal by the board or executive director constitutes final agency action on the appeal and no administrative appeal from the decision is available.
4. (d) For good cause, the executive director may permit reinstatement of an appeal.

Source Note:The provisions of this §67.43 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 16, 1999, 24 TexReg 7275.