1. (a) The IHO may entertain motions for dismissal without a hearing for the following reasons:

   1. (1) failure to pursue the hearing;
   2. (2) unnecessary duplication of proceedings, res judicata, or collateral estoppel;
   3. (3) withdrawal of the request for hearing;
   4. (4) moot questions;
   5. (5) lack of jurisdiction;
   6. (6) failure to raise a material issue in the pleading;
   7. (7) failure of a party or authorized representative to appear at a scheduled hearing;
   8. (8) failure to respond to a discovery request; and
   9. (9) failure to respond to any order by the IHO, including an order to disclose the identities of witnesses and exhibits.
2. (b) If the IHO finds that a motion for dismissal should be granted, he or she may enter a final order of dismissal.

Source Note:The provisions of this §850.74 adopted to be effective May 13, 2019, 44 TexReg 2364.