19 Tex. Admin. Code § 157.1056 - Dismissal Without a Hearing; Nonsuits
(a) The commissioner or his or her designee
may, on his or her own motion or the motion of a party, inform the parties of
the commissioner's intent to dismiss a hearing and allow time for response. The
commissioner may then dismiss a hearing without further action for the
following reasons: compromise, unnecessary duplication of proceedings, res
judicata, withdrawal, mootness, untimely filing, lack of jurisdiction, failure
of a petitioner to set forth facts in the pleadings that would support a
decision in the petitioner's favor, failure to state a claim for which relief
can be granted, failure to exhaust administrative remedies, or failure to
prosecute.
(b) The petitioner may
nonsuit the hearing at any time.
Notes
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