40 Tex. Admin. Code § 850.73
Dismissal Without Hearing
Effective Mar 12, 201237 TexReg 1706Source Note: The provisions of this §850.73 adopted to be effective March 12, 2012, 37 TexReg 1706; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773.Texas Secretary of State
(a) The impartial hearing officer may entertain motions for dismissal without a hearing for the following reasons:
- (1) failure to pursue the hearing;
- (2) unnecessary duplication of proceedings, res judicata, or collateral estoppel;
- (3) withdrawal of the request for hearing;
- (4) moot questions;
- (5) lack of jurisdiction;
- (6) failure to raise a material issue in the pleading;
- (7) failure of a party or authorized representative to appear at a scheduled hearing;
- (8) failure to respond to a discovery request; and
- (9) failure to respond to any order by the impartial hearing officer including an order to disclose the identities of witnesses and exhibits.
- (b) If the impartial hearing officer finds that a motion for dismissal should be granted, the impartial hearing officer may enter a final order of dismissal.
Source Note:The provisions of this §850.73 adopted to be effective March 12, 2012, 37 TexReg 1706; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773.