40 Tex. Admin. Code § 101.927 - Dismissal Without Hearing

(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.

Notes

40 Tex. Admin. Code § 101.927

The provisions of this §101.927 adopted to be effective March 12, 2012, 37 TexReg 1706